The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-10

ence of the two houses, but not, necessar-
lily, counted in Their presence. To author
ize the certificates to be otherwise opened
would require an amendment to the consti-
tuition to authorize the appointment of a
tribunal TO count the votes after the certid-
Gates have been 50 opened would not seem
to require a constitutional amendment,
only appropriate legislation. The power
would seem to rest In congress to consti-
tute such Il tribunal from the clause of the
constitution which we have already quoted,
as well as from the power given to congress
" to constitute tribunals inferiorto the ELL
:" preme court, and the constitutional pro-
vision that the judicial which ex-
tends to all cases arising under the consti-
tuition and laws OF the United Sia.es-shall
be "yeslcd in one supreme court, and in
" such inferior courts es the congress may
d" from time to time ordain and establish"
The only doubt there is about this whole
matter is upon the one point which this
political notes msn Of the 7JiJune de.
clares to be strictly constitutioral"-that
is a new election. The constitution no.
where provides for an election of president
and vice president except Tor the full term
of four years; and, indcei, the act of 1892
only seems to provide for a new election in
case of a vacancy caused by the removal,
" death, resignation, or inability, both of
g the president and vice president" In the
debates in the constitutional convention.
which framed the constitution, this matter
Of a new election was referred 10, and il
was then considered doubtful whether any
power for holding on election, otherwise
than for the constitutional term, had been
granted. Tucker, in an appendix to his
edition Of BlackstJne's Commentaries, saws
thai a non election either BY the electoral
college or the house would work q dissolu.
ton Of the government, because there is no
authority to supply a vacancy so OCCASION
ed. Rawle, in his commentaries on the
constitution, says that "thcrc is no proyi.
" sion for the choice Of new president ex-
" cept a, the regular period; and Story
says that at may admit of doub. whether
" the language q the constitution rca,hcsp
a case where there has been no election
either OF president or vice president-tbat
lie, whether it grants power to congress to
provide by law who shall act as presi-
dent in Gaze Of q rev election of both
president and vice president and that
while it has not as yet been ''solemply pre-
g scented for decision how far the exercise
power, by congress, to provide for a
new election, is constitutional, and while
g every sincere friend Of the constitution
g will naturally feel dcsirous Of ipholdipr
g the power, as far as lie const.tutionallv
g may yet "it would be moro salisf,c.
g tory TO provide for the case by some suit
g able amendment, which should clear
g away every doubt, and thus prevent a
crisis dangerous to our future peace if
: not to the existence of the government. -
And yet all this is not saying that q new
election will not be held if congress shall
prove too cowardly or too partisan to pro-
vide by law fer the counting of the votes.
md II, in the abeenc9 Of all legislation, the
president of the senate should assume the
light and power of counting the votes and.
hereupon, one or the Other OF the houses
ihould take a revolutionary course so as to
prevent a counting of the vote and a de-
OF the result before the fourth dsv
II March. Because such new election
- .------..4-.
If displaying such wonderful veneration
the constitution as 10 lead Us to expect
hat a constitutional prohibition wonld
necessarily, or even naturally, prevent the
Of q given act-but sufficient unto
he day is the evil thereof. =