The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-23

1fEAo CAA1U
to net each III iita separate capacity their
concurrent action Isl necessary to decide
every question, apd the abHence OF either
defeats all action, and the count Of the
electoral vote, BE prevented, and the choice
OF the people will not be expressed through
the Electoral Colleges; but IL the count OF
the votes isrnade by d Joint convention act
ing as one body, then the absence OF the
Senate cannot defeat the action Of the Joint
convention, as a majority Of that body will
decide oil questions, and the House alone
constitutes majority OF the joint conren-
tion; and should the House be thus left to
act alone by the voluntary absence OF the
Senate, it will net fully in accordance with
the spirit Of the Constitution, which en-
powers the House to choose the President
IL no person shall receive majority OF
the electors appointed. The only differ
ence in these two modes OF choosing q
President is that in the Joint convention
IL the Senate absents itself the House will
vote by its members voting individually,
and q majority decide all questions arising
on the count Of the electoral votes; whereas,
in the contingency contemplated by the
Constitution, when the House is to make
choice OF President, the House will vote
by States. BY this construction the Senate
will be deprived Of the double veto power
it can exercise over the action OF the House
il in the joint meeting it. acts in its sepa-
rate capacity. For in joint meeting, il it
can act in its separate capacity, it can veto
all action by voluntarily .absenting itself
from the Joint meeting; or, il it attends,
it can veto all action OF the House by it's
with the House. J -
II the Constitution requires the two
houses to count the votes in joint conVen-
ton acting as one body, then Congress can
pass all laws necessary and proper to carry
into effect this mode OF counting, for the
Constitution declares that Congress shall
have authority to pass all laws necessary to
carry into effect all the granted powers.
|. We are without authority to- guide us
in the Interpretation Of this important
clause of the Constitution. The BederaliSt
makes no allusion to it, nor is it mentioned
in fuckers Commentaries on Blackstone.
Story and Rawle in their works on the
Constitution, suggest the difficulty, but
offer no solution. Kent, in the 18th Sec
ton of his Commentaries, says :" that in
the absence Of all legislative provision on
the subject he presumes that the presi-
dent OF the Senate counts the votes and
determines the result" This is not we'll
considered opinion of the learned Chancel-
lor, but a mere conjecture. He admits,
however, that the president Of the Senate
can only count the votes upon the
failure OF Congress to legislate on
the subject. He comedies that the
whole power over the subject resides in the
two houses Of Congress. But Congress
cannot by legislation, nor by the adoption
OF q Joint rule, act in conflict with the pro-
visions OF the Constitution. Its legislation
and its rules must conform to that instru-
ment. And hence, no matter what may
have been the action Of Congress hereto
fore, whether acting by special legislation
or by joint rule, its action cannot be cited
as precedent, to guide us in the future
unless it has acted in strict conformity to
the provisions Of the Constitution. For no
precedent, however long established, is SUI
perioE to the Constitution. And we are at
last left to the inquiry, What is the true in
depreciation OF that clause OF the Constitu-
tion which relates to the counting OF the
electoral votes? u.<4 -,r,..c.: -.
have ventured to express my views, and
for the reasons assigned have arrived at the
conclusion that the true constitutional mode
Of counting the electoral vote is in joint
convention OF the two houses acting as one
body. as the question may become one Of
great importance, and variety OF opinions
on the subject have beeni expressed, sub
NIT the above views to the consideration OF
those who feel an interest in the matter.
4" .,..,y AZ. H.. John a. MEREDITH.