Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-02
THE PuEsIDENrALE ELECTION.
An Open Letter to Hon. Roscoe Conh =
ling, senator.
Ia

ling, senator.
New YORK, Jan. %, 1877.
Mr.. Senator i address this letter to you,
not as partisan, but as Senator and a
lawyer of great ability and great expert
eDce as statesman and jurist.
RESPECT TOR LAW.
That profound and philosophical yet prac-
teal statesman, the late Albert Gallatin,
says Of the American people that their
principal characteristic is the happy union
of tho love of liberty and independence with
that OF order snd profound respect Tor
law" lie devo:es his inausura! Address
before the New York Historical Society to
a review of the great effects produced by
that respect for law which distinguishes
the American people. and is 50 habitual
that We may not be fully sensible OF It's In
estimahle advantages.
Ii il in this hsbitual respect ior law that
will be found the peaceful issue OF this
Presidential controversy, which has sprung
up since the election, and has been unduly
aggravated with the apparent desire to
overbear this inestimahle respect Tor law.
There il no question really III dispute but a
question oil law.
Why the attempt to acitate? it Is quite
pertinent to ask here why there has been
this attempt to agiiatc and disturb the
public mind, at this time, by the threats
of armies to march upon Washington tn
decide TINS question of law by the bayonct?
What il there in this election which l.
peculiar? Nothing bat lis closrneSs. lt
seems to depend upon one vote. j. not the
law as easily applied III the case ct Il
majority Of one az of u majority Of one
hundred? The law il the same always.
Nothing can depend upon the amount of l
majority Ii il he Il majority it is enough.
There was Governor OF Massachusetts
elected by one majority. and 1t did not
make ripple on the surface OF society or
politics. The great English reform bill
that great step toward, equal Suffrage
was carried by one vote. Before IL was
decided the nation and Parliament were
fesrfully agitated. When the majority Of
Que was declared the successful party
cheercd and shook each others hands con-
vulsively the defeated party looked solemn.
And that was all.
The Speaker OF the House is but one man /;
the President is but one man. Out upon
this nonsense about one-man power !!
Every intelligent act is done by one man
and no more, on his own intelligence and
his own conscience.
threats and agitations? Is it 10 secure the
right or the wrong?
Let not the habltual American respect for
the local as well as the general law be over
borne by departure from the law as known
aud practised from the beginning of the
Government. IL it wise in such time to
make new precedentI whose present effects
and whose possible consequences none can
fores ee but all must learp
ELECTION LAWS AND REGULATIONS.
The object OF popular elections is to AS
certain and carry into elect tho will OF the
people in the choice OF public,oifcers. The
mode OF ascertaining that choice Is every
where regulated by the Constitution and by
the positive statutes of the States dlferin.,
in details, but all aiming to secure the OPP
portunlty of free voting 10 every citizen en-
titled to vote, and to exciudo all Others.
The result obtained in the mode prescribed
By law is the only legal result 1t IL enti-
tied 10 the peac, ful, habitual Respect whicd
is of such inestlma5le value.
OF these regulations In different States
some may be better than Others-ail may be
imperfect, and they may be sometimes
avoided, or violated, or perverted. "A per
feet form of Government and perfect admin
istration are unattainable BY Imperfect
creatures. ~ Gai!dtIn.
These elections all take plaza in the
States. and are conducted by State officers
and under State regulations. When the
election has taken place at the time and IN
the manner required by law. and the result
has been ascertained and declared in the
mode prescribed by the laws. it is finished
Now in all the States-quIte as legally in
S,nth Na-nltpo EInrti, and | 81 =
in New York, New Jersey. Connecticut, and
IndIaua-thc elections have taken place and
the results have been ascertained according
to the laws of those States respectively.
These elections in the States. according
to their laws, are the safety valves Of the
complex machinery OF our Government. 50
widely extended and 80 diverse in Its local
Interests and sympathies. They canhot
safely be dlsregarded or suppressed.
There are those who contend that the two
Houses of Congress. In their separate ca
pacities, have the right To supervise tire
elections OF the Electors. TO go down into
the States after the election il closed, and
the result is ascertained and tihcially ceril-
fed, and to revise 1t and reverse 1t. No
error can be greater or more ptrnlclJus. Il
is subversive of our system.
BY the Constitution and not otherwise.
"Eaeh House Is the Judge If the election re-
turns and qualifications OF as oicn mem
bers," but not Of the members OF tho next
Congress, nor of State officers. nor of Flee
tors OF President. Oycr these it has i.o pos
slble control.
The Consultation declares that each State
shall appoint Electors I'm such manner as
the Legislature thereof may direct" Lam
guage cannot be more comprehensive, nor
clearer This direction embraces the whole
manner up TO the time when the College OF
Electors Is full. II there be vacancy it is
to be filed in such manner as the Safe
Legislature shall direct. And it is under
stood that the State Legislatures have d.
rected that the Electors, when assembled to
vote, and not before shall fill any vacancy.
Thus the iull College Of Electors appoint
ed by the State lin such manner ~ the
Legislature thereof has directed must be
and remain the only Electors who are TO
exercise the fanctiOn OF the choice of Presl-
dent, and it is they and no one else by whom
the certificates can be sealed up and sent to
the President Of the Senate. and they can
not be sent to any body else.
10 every State the Legislature has direct
ed the manner and in every State that man
ner has been pursued-and there is not a
word in the Constitution by which the
power can be subjected to a rowing COM
mittee of either House or both Houses of
Congress or to any rule or joint rule or even
to an act Of Congress.
Ifthere be anything which is regulated by
the Constitution, all will cOncede that Con
gress has no power TO chanee It. IL there
be anything regulated by act of Congress
the House oi Representatives cannot change
T.. b. !, 4
OF Congress together by any rule or joint
rule, without submitting il to the fresl-
dent. Each House may determine the
rule of its own proceedings" This Is their
whole constitutional power as to making
rules, and it covers the whole ground OF
making rules. The Senate cannot regulate
the proceedings of the House, nor the
House those of the Senate, and each can
change its rules at pleasure. These rules
have no force Of law.
The constitutional powers and duties OF
the President OF the Senate are beyond the
control OF the Senate or OF Congress; much
less arc they subject TO the control or dlrec-
ton of the House. The Senate cannot deny
OF regulate his right to preside over that
body, nor can il deny or regulate his power
and duty IN relation to the Electoral votes.
Neither the Senate nor Congress can con-
troll or regulate the duty Of the President of
the Senate TO receive or to open the sealed
certificates of the Electoral Colleges. And
if the Constitution gives him the power TO
count the votes, neither one nor both
Houses can deny or control his exercise OF
that power, nor can Congress.
THE COUNTING OF TIE ELECTORAL 'CIEs.
and the vote shall then be counted.
What il it to count the votes IN the sense
Of the CONSTITUTION Is 1t TO say one, two,
three. up to 1863, whole number OF votes
369? Not at all! 1t is to ascertain and de-
Clare the persons voted for US Presidcnt,and
the number OF Tutes tor each, and to Show
the majority. IL is 10 reckon, To compute,
to cast together several particulars. to as
certain the amount, aggregate, or other re-
suit OF all tho votes in the certificates sent
to him by the Electors, and state the result |
Of tho Presidential election. That result Is
the whole purpose OF oil these arrangements |
in the States and ct the seut OF Govern
ment.
This is t. be done "in the presence oi ,he |
Senate and Huusr OF Representatives