New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-13
THE VOTE MUST STAND AS CAST.

HE hOIE MUSl SiAND a. NASl.
QUALIFICATIONS or ELECTORS STATE QUESTION
NO VOTE CAN RE THROWN OUT 81 CONGRESS
DUTIES or THE vICE-PKEsDENT PURELY MINIS
TEEIN.
TO the Editor OF The Trtbunc.
SIR: Fifty years ago Chancellor Kent fore
That the question Of the choice Of President
eventually to test goodness strength of the Con
stitutiOn and ne Thought that for hall century there
after shOud he able 10 continue 10 elect Chief
Magistrate with discretion moderation and integrity.
We would stamp the highest valTc our national char
The close of that hafcentuy finds us in presence
of the predicted peril. Have the wisdom and virtue
Ia es,.y,e il Senator Bayard wcT said the day
that this great question should he decided with sctun
ous regard law and ne honorable pr 81 OF his
sincerity in voting that the I'D Joint uie longer
in force. How. them 70 Il certain according to
law who has Il majority Of tho electoral yotGsi
l. No man can read the Constitution, aud the history
Of its formation and ado ptlon without seeing that tic
plain purpose Of Tie trainers was to commit the Gppont-
mcnt Of electors 10 the States Article H. declares that
each State shall appoint, in s manner ~ the LeEis
latuc thereof may direct, number ot electors, %c
Mr. Madison lFcderast No. XXNIX.) says g tho imme-
election of the President tn he nadc y ia" states
in their political character" Fhe only power given 10
Congress touching the appointment and action Of cec
TOYS before Their transmitted 10 tn President
The Senate. is 10 determine when they may be cHOrcn
and On what day they shall vote. THUS power. obviously
necessary 10 united and timely action by the
Stat ~ exercised with ncCifll detail Icy the act OF
1892 But since essential that the votes Of the
electors, transmitted to the President Of Tic
Senate should he properly authenticated, this act Sec
ton - provided that the Executive authority ~ rach
S4tp should tuTec ss OF the names OF electors OF
SUCH state be mad, certified, and delivered to the
electors On the day Of meeting and the electors
should annex OF said lists to each OF the lists OF their
votes.
LAT NJ all 70 <
ton meeting orranzahon proceedings, and pay of the
electors. One a-important power given fhen by STATE
laws only f itself conclusive purey state thor
ty and character Of the eectOrs IL the power 10 NIL VA
cancics The method OF appointment, whether by popu-
lar legislative judicial choice; whether by restricted
suffrage or Ivy a suffrage supervised ny returning board
or court o? Justice question exclusively OF STATE con
cernment with which Congress has more to so than
the election of any OTHER State officers lis junction
ends when il fixes the day I'll cO0sn- electors ana The
day when ihcy shall vote. Wnen they have met ahd
acted and until it called by the happening Of the
contingency of the failure 10 choose President and
Vice President Congress has nothing whatever TO do
with the electoral machinery. except TO he present s
separate when the certificates opened and the
votes counted of which proceeding they 10 BE- simply
spectators and witnesses.
Surprise has been expressed that the Constitution does
not declare ny whom The electoral votes snail he counted
The reason plainly that counting intended TO
DC nothing bat IL clerical computation o numbers read
of from tho ust-opencd certificates by any one whom
the President of the Senate might designate III II md
been supposed that question OF acceptance or rJec-
ton of the of the cercates was to be raised or
decided we may safely assume that the Constitution
would have entrusted the decision Of such question to
some other BODY than Congress This s apparent from
the jealousy exhibited in the convention to the theory OF
q choice Of President by Congress The whole electoral
machinery was devised In hostility to that theory, ana
the powcr TO elect President only gwen To- the
popular branch after that machinery shouid have failed
to do its work. II il had been suggested that Tor any
reason the House Of Representatives could pronounce
Judgment on the appointment, organization, or validity
of the votes electors Of any state, and by refusing
IN allow such votes to DC counted could draw TO them
selves the power 10 elect The President, We may well
suuposc that careful provision would have been made
against such possibility power snbversivc of the
whole theory and working OF the Constitution III the
momcntous matter OF choosing the National Executive
cannot DO .sued the Of any word or war
rant II such power Is to ne found ana eNeieSed'
we have probably our last election OF aiF'Sheht
by tic electoral machinery. II one branch or both
branches Of Congress may supervise the STATE action In
the appointment of electors, AMI for reasons OF their
own reject the lawfully authenticated return Of such
eectnrs Congress- Simply becomes a returning board Of
Last resort, without the methods or local knowledge
essential effective Investigation, and without the sense
or judicial responsibility essential to just Judgment In
face OF the constant strenuous, ana sa-aciouS hI"uIV
OF tnt toDstItuiI ~ Oohti" VI 'u'
choice of the Executive IN tue Legislative or ans other
dcu,rtmcut OF the National Government except
IN the contingency of failure OF The
States TO. clOOse) this modern claim to edch
Central seems nOnstrOus. In the light OF
constitutional history and teachings, OF the warnings OF
constitutional eXpoau lers and may add OF all historic
record OF TIC election of executive by legislative rulers
tho ronosition Of my distinguished friend Judge Black
viz that the power given to the House OF Representa-
tivc IN choose President in the contingency Of fail
ra ot cho, by the electors necessarily implies the
ovcr of rho House to determine when the contingency
bopnrps il the most startling Bit OF revolutionary cen
of the age curious feature OF this new
d,, of control is that Its advocates are
cousucunu. strctconstruciion disciples of Mr. Jefer
ann II they can find warrant for converting Congress
MIC an appellate returning board to revise me election
al STATE off er they need not DC frightened al any stfie
of Capitalization. And II they can break down the Dull
ark Of the uncontrolled right OF the states 10 cho1Sc
t. pr, .ideut and that great office fragment OF
Yrossona patronage, they iced not be frightened III
the eoriion Of returning boards, for Congress VIII
soon better the Instruction. Indeed, TO guard against
t obyIous danger The provision was inserted requiring
that H. by the failure Of the electors to choose that duy
should deyolye on House. the House should choose
Immediately by ballot" 10 the end that Intrigue ana cor
ruption should have time To do their work
Q Where then, does the power to Inquire ana deter-
mine whether electors fairly and lawfully chosen re-
sde Inevitably in the States themselves The author
inv which proydes their appointment must take care
tlat the appointment u honestly aud legally made Ii