, 1877-01-06

puwcr, a,.,l enjointel upon him this duty, knull
tatc contemplated hr intch!c't l!y lfrte 'mf1ra.
lion to delrsatc the Ir'wcr Of cnoin tue duty II
ntcly fol1ow to n!ly ttliccT nr hoy othrr ttih or
different from. the one a1teatty i,amc,f. nnt1 TO
whom they have expressly given the right to
eSesrl:c all Important part VI tho powers rem
The nature Of the duty imposed ly tllc COM
mana TO count tic votc rrcrlE.tes any inference
or Implication that H. waR intended tu Ie dc.
velvet lron my other than him who Is charged
}a Ts is u' ai E "FHss c e ts 5 firs trs be qs se IT.
cd" That means tf'c cntssc vutc not part of
It. No l!rcc.lnn is given to count part nt,1 re.
tcct inrt. Tie cu,t1tnat!d f. pcri'tnrtory. tho
:iu,y ministerial: Jttan be performed rs rca1f.
u md ncsllFntc3y by One ~ hr tllnny,-hr tic
President Of t!Ie scnatc rs BY tho two llnuscsuf
Congress. lIcltc. the nbsrntc pf any necessity
to the c,'trnry. That not 1,pun t1e two llh,tfcs,
hut upol, hin wllo il charged with the r.rivln;
nii nprtlng nf tltt rc,!rus, II tfvvuyrd the tfl.
istetinl duty OF c.t!uiug the votes.
Hut ]! nl1 tl'Es lie true, whas NECESSITY exists
ir the presence of thu Scnnte mud House of
Representatives. DOES not the fact that the
upriItng nf tic returns aiut t1le cnntlu1 0f tho
rotc shall he ,na'le III their presence rnso the
conclusive Implication OF powcr IN them to re-
ciarc what votes shall lie counted and what
c1eluIttlt
4 sufficient mil powerful reason Exists for
their presence atl.cr than tho exercise OF tho
extraordinary and dangerous power supposed.
Although the opening VI tile returns and tho
enu,lting Of tho vote are purely ministerial and
OTIS consequences possible IL result fr1tn error
or nfnlthfHincss III their performance, the prra-
etleo Of the two Houses to witness au1 attest
their atcuracyts oE tho very Ernvcst importance.
tonal cum1.and to- % present and bear Witness
to the accurate nnsi fl!thful performance III his
duty by the President of tic Senate, that they
nrc thereby clothed With power to reste0in ur
t h1%AR
" requiring him to omit Of reject some part q
The votes which tl,e Constitution declares stall
then be counted. The duty Imposed Is to count
tho vntc, not to reject IT, Thc'prcsencc OF tho
performance Of this luly, not prevent It,
Under the tests llrst Elvcn tho logic OF this
rcasontug hero1nes Irresistible. Neither t!Ie
twn Houses, nor either III then', nor any officers
delegated cltllcr expressly or by necessary iu-
rllcat!on.. No claiHe delegates any power 10.
ilnr i1eyn1rrs my duty whatever, Iptn either
House or officers tl!arcof in regard to tic count
DIR consideration. But NIL and Tho only power
delegated or duty cnjoincd 1y this clause Is to
cDnt the yote-,lot to t4t1trass It, counting part
nnA rejecting the residue. II, therefore, The
who|s pn,wsr 30 delegated WAS sxslnsivgiy vest
tnsteaA Of the President OF the scnatc,
thry would be clothed with authority Il,
10 no more, 10 less. than what thu
Constitution commands shall he done, namely,
that ttu whole vote. nnt nAtt Gt 1t, shall ttltn
bs cu1ntel. Whence It follows That what they
could not do or Gmlit II exclusively vested with
the puwer Ut making tic count they cannot
coMpcl tic. President uf tic Senate to tto tr
omit when clothed with tho Aanlu anu no other
0r greater power.
Lat nlu ll0w suggest SONIC Uf tho eMlnrrass-
Incnts that would RESULT FROM coI,ecdng tn the
Senate an,i Ilalsc Of REPRESENTATIVES tie func-
tio.,s u, Canvasslng Boar,l, with power to count
ttr FGftut Mt ftPast1eB.
]. Tic two Houses aro separate. s1lstinct, nn,t
independent organizations, cucqual III dignity,
authority, md soycrcfsnty. Neither ean be
Ruburd1natci to tho puwtr npr merged III tho px.
fstcnru OF the otlor.
:. Tllis inYestitusa with joint power to count
or reject implies tho right to determine tho
c4ltlsu for and The OCCASION of It's exercise. As
tho Constitution nowhere tudcatca the causes
wllcl, sI,ul |uIlucncu them in tbs c1ercso oi ilo
power, they must be clothed With uncontrolled
discretion to rcIrct for nny ca,lse or upon nny
prStext thcy may arbitrarily assume to exist.
What rule ~iall obtain OH tho hypothesis tllat
thu power is Joint, un cunnut be lia1o tlIcctuat
without thu concurrence Of both flonsesl Shall
q disagreement III rcgArd to my. vutc require
.llat It sa b. counted, or shall such lisag
mint require that Il he rcjeetcii
II tho former rulc obtains, t,rn either House,
fnyosinE all the votes cast for majority ca1sl!-
date, can compel them to be counted. and its
favored candidate lGclurrl to ho elected In l1rti-
nncs Of tue opposition un1 protest of tho other
llplsc.
II tic latter rutc obtain, then tho non-concur-
rc1,cc of Eather Iluhsc In the counting Of any
vote Will compel Its rejection. 1t would thus
l'c 1T thc power Of either llouso, by dissenting
inrity candidate, to 'Iefcnt tho election Of u
President hy tho Colleges Whenever political
or ntler motives might prompt tho c1rrcise ot
such llisct efi,n.
yots iur my ca'lsc or rupon uny pgciext whatever,
could work Its re}cctp1 It CntI Gc readily COLI
jecturcd, III el5e 0f disagreement or contest be-
tween tho two lillsscs, that cacls might arbsra-
otIlcr III the counting of aHy vote, a1nl thus
work the exclusion OF NIL. Or either might de-
cline To unite with the other, aud prevent OF de-
feat Il count altogether.
would 1t MT a1tusrtlier .cfrnt tlu election aut
relicr lu constitutional cll1sInE Vt President
lInpus*lhlct Tint INSTRUMENT declares that the
President ot tile Senate shall open the ccrsl-
yates, aHd thu sutes shall thcn he counted.
Tho person having tlsr greatest number u
votes fur President shall be tlts President, II
suctl number hc ii tnA|nrjty Ut thu whuu li,lul-
Der nf Electors. nppolutt.li a,n! II HI pcrson
have such majority. then fr.Hn the person l,ay-
lug tha highest numbers, not exceeding shrce
nu the list Ut tllose vntel for III pIe.I.
dent, the House VI Representatives sIuIi
chonse immediately, BY ballot. the Frc'ilent.n
Il Is perfectly upparcslt that cs,,,ut OF
n( a President by the Ifpure 1T Representatives;
tur II there le no ruunt, II tAIl,ot be declared
t!IAt hn PERSON llas received Il Tia luraty If u!l
The VOTES East. 0r!f rount be ,natlt in which by
arbitrary nonchcurrcmre nll the VOTES bt ex-
" liarc received my, II wun!,l be lnposaiblc tu
Indicate tl!a thrce receiving thu ht.l!pat number
of ybtes. from aIlluAg Wtlun alone the lfDuso IL
authorized tu make sf1nice. It rnu bu readily
seen, therefore tia. tic ct,nccsslon uf Joint IL
tlihl or t1lnraSsl'lE powers to this tlual snvcr-
tisnty might wurli thu nutl-clectinH Of Prts-