The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-24

II 'Nprcsstu. IL mas boon SAID. think, that the
President OF the Senate may, in II closet or in n
corner. a month IN advan %. adIudgc, deter
mtlne, and conclude the ELECTORAL count by re.
fusing to receive any certificate except that
which he designed in the end to count-that IL.
he might decide that he would receive two from
Oregon. that being populous as wei as large
state. but thut one must suffice for all the
other States, and he would take but one. The
President of the Senate. dlscharging. as he Gus
tomarily does, with conscience and prOprety
the duties resting on him. has already as am
informed, received contcsting certificates
M irS% R @S c tssc Or ha CSr hs scs from
argue that. having received them. II will he his
duty to suppress or conceal them, and therefore
proceed to consider whether by implication
he has the power TO .adludgc the count 10 de-
termins what shall become OF them. The ar
gument, may say here. as ! undcrstand II, is
because the President Of the Senate is the Gus
todian Of the certificates aud is directed to open
count. and then from that implied power. may
he implied that he has power To determine what
s nn y ere GG%a 6n E ana nnP t the inpEra
power to declare the effect Of the count and
what Is counted. This view certainly deserves
chamber now. 1t is Il view against which. If
mistake not, cvery member OF this body, on
voice in this debate, but l accept i
respeHlully az suggestion to which
thought has been expressed by those whose
words are not lightly tg be passed by
ehangcahly in tho law may thus be stated;
Wherever power is given To- do hing permits
sion ~ implied 20 use the means 20 do II. What
ever X essential to the full execution or enluy-
mcnt OF thing granted II implied or Inferred
10 he granted also. Life i full Of illustrations Of
this species Of amendment. A spot Of ground is
granted in the midst " a great field. II is i'm
piled that the granter has granted to him also
right To pass over the intervening ground Ia get
TO ms. When the Constitution provides that
Congress may coin money. may borrow money.
may establish post offices and post roads. the
power is implied to use the ways and means.
ANA nrcordihglyto establish mtuts. to establish
banks, Ia acquire real estate in the States where
post offices may 10" built That Is the doctrine
uf imphcatiOu AZ declared by the old supreme
Court, with Marshall AT it, head, in
McCulloch W. Mary lund in Weston ". the city
81 Charleston. ana in many noted cases since.
When the Constitution authorizes the Pres idcnt
on the call of the Governor or Legislature. to
send troops, upon tue happening OF a certain
quirc and determine whether that contingency
has arisen. So snid the supreme Court IN the
case ot Mott W. Martin. Whatever IL conven-
lcniiy conducive To- III" execution of granted
power may he inferred, hut the terminus and
boundaries OF the do trine of iupiiwtiun are
as certain ~ anything IN law can b". Mr.. Prrsi-
d'nt, when uic a., winch = expressly al;hor-
" II has been per, rm"d, when rNrrNtni ny nuN-
Hilary tn that act has been done. there il an end
OF impli alton. and the end Of the whole mutt'r.
IL 10 the 'ud ot law a- II IL in reason. and in
reason an implied power must he suhordinat"
pr"ssy authorized. EApreSs power never
imph's power to- do anything whatever
Express authority O. do an act of one species
docs not work, hy implicit ON. authority 90 do
an at 81 another species. The authority To- do
inAllsir rlal at uut- not imply power Ia at
judi Tally. Authority tuu a. the custodian of
papers dos not imply power To- exercise trans
c'udtu' ats OF soNrrciEuiy for supreme and
ultimate public d termination. \ clerk of "a
court OF the Chiof Justice of u court IL made hy
law thg recipient OF papers. II - dire .trd that
they shall be- sent under seal To- him. and that he
shall retain them until a duy when court IL in
session ana carry them into court and op n
them. and open all OF Ia IN. Then the statute
declares. then the contents thereof shall
tc passed upon. or the facts found
whereof they are cVdcntial.' or the
proceedings be dlSuDpruNrd or approved
or clt"ctuatcd.' Would ID o.~ur To- any one that
such statute mount tnat the clerk ui the court
alone. or the chef Ju-ii'" alone W"r" 10 pro-
coed To- pass upon the papers or a. lind tho IL .
- which they were cNlt initial. or t. approve or
disdpproNct Let mo change In" Illustration.
suppose the contents of the packet. ia the in
sthn r -uHs, 4 81. were summons or warrants.
anu me Sherili was ntdr me custodian, ami the
Mw declared thni L.. should open then IN court.
ana saiu anu tir-o wrlts shai then h"
s'rv"I now should We Know VINO Was t. serve
an'ih mo appI"pIiairher 81 the Shurii
Wyuin ~ Sug-'sl nun lut II Wou,,l ohlN suggest
mn ", w - no, ,e Ieasoh. W" would hhYw
va, 'ii, Niirli WIS w. ,i'' " "Chus' 'lr Jaw IT,
."r'7 "ial me Nn"tui sldi' S'-iNc an SuSh VIRUS
na.' - IT, - an ih',if1t'u parry, nhq ul'h N.
l"M ~ '..'s spii.h''y 'le" Slan 20 II. but
,uppS., ia I'M i5'"iV' 90 NaIiH,nt7 n4 Wits,
v, tii i'm h "n ,,, Wy F"ii ,,Sy, tnc