Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-26

;n,o,r;ow NTH T,rJy,e renor,a-
I'D -, IL; ; =, c,I
l. ro,..;oa 30 .ho r,.n s,hn,;,,od 70
O. =. 49, IT. g ,ho EIoo,o,,,
'o'es'
There was, think, an omission IN the
CONSTIPATION to provide who should count
tho vo,oo and the nerGorm,nce If that dutv
-, =
was lett 10 inference AS Tue rresiueh' Vi
the Senate is made by the Constitution the
custodian of the Electoral vote and the off,
oor 10 o,on tho co-t;6c,,ea !, vas the most
natural inference IN 'he "ose' Vi anf "a
press provision, that he was 80 to count
them The action of the ca ,ution itself
..d IS ,ha frs. C,nc-os, w,s acc,rd,ncs
".l u nv, -. :,
wltn this interpretation Ing fiesiuen' vi
the Senate opened, counted, and declared
the vote at the first and upon several sue
r,.: III, ,oo,,s 20 mn tho
most authoritative incorporation tue oon-
stitution could have, short Of decision in
tho Federal courts. Chancellor Kent took
49, cow, ,;0u of tho mo,to- in b;s oouuer.
."' ''"'' w" " n r.r., ..'1 49,
tarles, whlch Is tue hlgnese elementary au'
thority on the subject. Judge Story, in his
commentary on the Constitution. uses Ian.
puage which show $, think, that he agreed
With Kent. but being himself a Judge he
verv nronerIv withheld apy direct opinion
There has been no INTERPRETATION of the Con.
stitution since the above which seems &c
ma strong en6uch to oyerturu these
earlier nrecedents. therefore believe
that it IL the right of the President OF
the Senate in his Mace in the Senate Cham.
her To omen. count. and declare the result Of
the Eiectoral votes now in his custody.
tbinl il the dutv of the members of the
Honse 10 attend as spectators at that cou mt
but If thew sbould not do 30 think the coup,
would he nome the less effective. This view
seems IN have been that of Chancellor Kent
Yet under the authority given to Congress
hv tho Constitution Il, n.ss laws for CARVING
into effect ali nowers vested in anv officer
known to that instrument I think Congress
can nv law regulate the manner of counting
and declaring the Electoral vote. and may
rpOnlafp
counting which the President of the Senate
has only by implication.
uUnw lar Congress- NAV control The exer.
c;sc of tho autbor;tv of counting and decl,r.
inp the vote. :" Mr., Eaton continued, sis one
of the most perplexipr questions involved in
tho wboIe nrobiem If this election. Not.
w;tbstandinc these convictions | do no,
tbink il can he claimed 10 he 50 entirely un.
questionable that the mower of counting and
declaring il in the President of the Senate
and esneciaIlv bevond the control of Con.
press AZ to warrant a demoralizipp and dan.
',erops nat;onaI agitation in the attemnt 70
n,no;n,a;r Tho, n,wo- II ia ccrta;nlv mos,
unfortunate that Congress has allowed
50 imnortant a mower 10 remain with.
out clear provisions for lie exercise
tn snbiect dif6cult and intricate in
itself there !. NOW added the susnicions and
animosities of n nartv contest and all the
mower Of Teckle intyioue far the control Of
a nation Under sncb c;rcpmstances nc
nartv or statesman sbonId stand ont on nice
theories of Cons,itutional Inv and certain.
" il il not a fine for Welding TO partisan
dic,ot;on Notbinv can do more honor to