The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-25

JURIST'S OPINlON-GRANT CANNOT HOLD
ovER-THE HOUSE OF REPRESENTATIVES
ELECTS THE PRESIDENT. =, -....
Especial dispatch to the Baltimore Gazettel
New ORLEANS, November 23.-Judge
Campbell has been good enough to furnish
your correspondent with the following i'm
portant opinion a..'E.rs ,..
In reply TO inquiries made OF me by the
Baltimore Gazette and New York Herald
relating to the pending election for Presi-
dent and Fice-President of the United
States l answer:
Every act performed by any voter, officer,
legislative body, or elector must find its
sanction in provision of the Constitution
Of the United States, or a law (State or Fed
eraD made under its authority. Surprising
the Electoral Colleges to be filled by quail
fed electors, a majority Of the whole, num-
Der appointed must concur in favor OF one
person to elect him. The suppression Of
the vote of a State, or of an individual cleo
tor as not qualified, will not change the
rule. y understand the word in the twelfth
amendment Of the Constitution to signify
that not less. than a majority Of all the cleo
tors whom the law require to be appointed
will be sufficient to elect him. In the
present election some candidate must have
one hundred and eighty-6ve votes. The
history OF this clause las shown in 3 Madi-
son Debates 1897, 1909 proves this. II
neither OF the candidates should have suf-
.fcient number Of votes majority Of all the
States, through their representatives In the
Congress, are required. In no event can
the present incumbent hold over. He is
elected for term Of four years; nor can
Congress, nor any other authority, enlarge
that term. The trainers OF the Constitu-
ton have not committed the fatal error Of
tempting an incumbent OF that Office to use
the army, navy, and patronage of the Gov
eminent to prolong the period OF his power.
dent nor the president Ut the Senate has
any duty to perform in respect to the cleo
ton OF President and Yice-P President ex-
their certificates, and to lay them before a
Joint session OF the, Senate and House of
Representatives.. The counting is to be done
under the authority. OF the Joint session,
and, like all Joint sessions OF bodies thus
organized, they preserve their separate or
CARNATIONS and act separately. Their con-
currence is necessary to any order or act. The
twenty-second rule is one of procedure.
No Joint rule could modify the Constitu-
ton, and ii legislation be required to exc.
cute the Constitution nm act of Congress is
necessary for that purpose The decision
Eby Congress so assembled is necessary for
the determination OF the facts contained in
the electoral returns. IL the Congress de-
eide, there ii no election each house is
clothed with power to make one--the Sem
ate elects the Vice resident; the House Of
Represe NATIVE the President. i.TF
AS the two houses OF Congress must con-
cur in conclusion that an election in cleo
toral colleges has been made, and as each
house has important duty TO perform in
case an election has failed in those colleges,
| itfollows that they must have power toIex-
anime the. evidence submitted to them, and
make up!a Judgment Of the result OF the
examination. The question whether the
electors are qualified, were legally appoint
LED, md performed their duties under TIE
laws, and that proper returns had been
made, are questions which may arise, and
must be- decided. do not knew. how the
tdeeisionof Congress upon the subject can
be contested under any existing Inv. III
the joint session Bio unable to declare that
some persons have been elected President
and Niee-P resid eht then each house nlay
proceed TO make the election to those offices,
md know of no authority to impeach their
acts. JOHN a. CAMPBELL,