The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-23


states have the right 10 appoint electors The
Legislature has tho right to prescribe the
method; ana the evidence as TO- the. appoint
intht, rs 10 VINO has been appointed. IL left TO
appointment itself.
| Listened to the very able speech OF the Scna-
Tor from Vermont, Mr.. Edmunds, on Saturday
last. with grcat interest. If | understood him
correctly. he assilmcd that there was no provi-
SION oi the Constitution that executes itsof eN-
cept one and that Is in regard to the recovery
9i lugitiycs from labor fugitive slaves. that
the rest OF the provisions Of the Constitution are
not sci-eNceuting. hut require legisla on 10
carry them into on,raiioq: He made distnc.
uon' urn' l pelleye which Is correct, that there
the Constitutions Whcro power il
conferred directly upon any. department OF the
Guvernmcnt hy the Constitution that power can
not be taken from that department-lhut power
cannot be delegated but whore the Constitution
simply imposes u duty hut does not invest any
particular department with the performance of
that duty; then Congress may 10y law determine
who shall is'hnrgc that duty The position of
the senator l. that the Constitution created the
duly to count the N9i"s. hut did not locate Tho
power or duty anywhere. that neither the Pres
idcnt of the scna" is vested with this power.
nor are thctwO Houses Of Congress that neither
can exercise it in the absence OF u law passed
for that purpose.
And this brings us 10 n very great TACT which
Il TINT for ciglty-four years Presidents were
counted in and inluguraied without any nu-
uority in point OF law The President II tho
Senate had no power f. do il. because there was
10 law authorizing him 70 do it, The two
Houses had NJ powrrto do il. because thern was
Of the Constitution which had not been carried
INTO operation Nv l"gi-lation Now sir. "a
1t true that for cighty-iour years Presidents
were counted and inauguratcd without uu-
thority of luwp That would bc very great dis
covcry If it wern trur. II would show that the
men who nude The Constitution did not UNDER
stand it, belieyc that they Thought the
first President and all succeeding Presidents
were counted in and inaugurat"d according 10
law They may have been mistaken. their op-
portunites Tor knowing what the Constitution
Is were not 50 good 9s ours suppose they un-
counted for George Washington, John Adams.
Thomas Jefferson. and so on. believe that
i does not belong TO tho President OF
NE senate it belongs to the two Houses.
irorv E"t w9Gycr 5 vn mpy be tho Location in
power without lcgisl lation, ! think is correct. |
think the senator from Vermont occupies a
sound position in that Respect. Chancellor
Kent stated the law on this subject as | think It
has been generally understood in Congress and
out OF II until recently:
The rrc den, of the Senate the second wcdnc siay
~ February succeeding every meeting oi the electors IN
the pres nee of both Houses Of Congress opens all the
"9a ac S So osi are X SS"7S % MGo Ts
votes are 10 b counted and ne result declared In The
uon this power may be- a imporian and presume In
he President oi tie senate count, the votes ami deter
mines the result ant Mat the two Houses are present
only SPECTATORS TO wltues, the fairness and accuracy
Of ie itansaeuon, ami TO act only no choice made by
Now. conceding as Chancellor Kent seems 10
do. that there may be- Legislation on the subject
IA do rrine to which have suhscribcd-yet in
the abs nee OF legislation the President Of the
= nat" must count the votes to prevent the Cow
"rnment coming 10 a halt. and he has counted
the votes Tor cEhiy-luur years, Al least for -ev-
cilty-twO years. from l1s9 until tho tim" of the
adoption Of tn" twenly-sccond joint rule. | do
not ihi,ni now To- x into IN argument NJ t. The
vote against III" power of Congress. | am
simply stating what ] have heretofore under
stood 10 be- the general doctrine. tuut IN the alb
s"nre OF legislation the President OF the Senate
must count this vote; that II now We fail 10
agree upon bill. W. should simply leave this
ycars. and that the President of the Senate in
countin.; this vote would l" guilty Of no greater
usurpatiun than lr has been guilty of Tor three
lwlsh to say IL fcw words in regard to this hill
q thr pliwrr To count Tn, N9ie + vested IN
the ; snn'o. Tirn the duty must hr performed
~ the two Houses. II cannot b. Il 'l"Sntrd.
oi tne ar-uront Of tn" senator from vermont;
bHAuS II t' wcr' 70 admit that tho ? Ncr Is
ton. ID" wYui ie 'gml"ilod tu ndnNt good lauv-
yer q, 4o II. t4at that power cannot hr dolce
gated; But ly. placing ii A. a ioN.ns power
ihat Is loHa'. u nowhere until % is lo't,.l
hy an at Of Congress, then C1ngr"ss would
nave the right 90 deposit this power with COM
MISSION. The clmmiS-ion cr. ntHd Is a mixed
commission. partly inside and parity outside:
five Srnriuf=, ily. Representatives, and five
Judges. Ths JUDGES ars taken. not BECAUSE
LcN are Juts =. not hceaurr they arc members
"l the supreme Court, but be.au-" they are men
~ eminent chura ter who happen to occupy
by ciruns; the senator from Vcr.
mont hardy iii himself justice IN
SATURDAY, when he hearsued that they w.r, ch l-.n
by circuits GA hfOunt of Ecosrdphi'a -trlhu-
tion. They wore chosen by clrtuits. rs under
stand 10, not bc'nusc of geographical diSirihu-
ton. bat hecau7c Of the pol tioGl ant 'oedemi- of
the bill instead of naming the Juig 5, names
the circuits 1t pres uts haral 's, little sham
taat derciyr- nohoIy. Poor Judges are taken
hy the b!il because of ihcir political ants,f-
l'hts, tw4 9n each $40. Ia other words
grounds, equally divided. II IS said. In
order To max" the bill fair ono. Never
w.! - H.rii i'n II mad, m tnr Suir,me
Nn4r, N political grounds. W. are ~ deal
with the Suprsmr Court and confess looked
upon u,hl lrO POSITION whh more iAfor an the
other, | thought W. ou2ht 10 have tik.n the
W. Nln court. unl nll nj around among them
thought thai Was a blow nj the court aui wonli
90 u ni'rH lhMry than any course that could
iour JI!sc, ir, To @.lD.'t n iniHib'
M'fu--d co orirNln'", a pat hed-nu tlug; five
J. pre- 'niaiNts nv. Srndior-. four lu,.,.- nr.'.
the Cmtel Siat's. There are ns NnalNgi. !lr
u in our Con -tiuiOn, or in cur laws. or In our
that way.
live wcr1 to make this tribunal exclusively
in the two lIou-''s-mHke 1t consist of R.li,-
sentative. and Senators entirely. and stop tierc
tile question would then ari- Can W. dO IL z
II ~, i-ion of this question belong, o. the
twu Houses, CON you leave il t. u few members
ni iiO .e two Houses to agree To- hr l.uui by
W'u d,r- n- : Can ynu la7- g iGw IN that
Iil o,, '-,."' ;;,rr',~'.,'..' rr',' '',"'t "a r ~
..'-' a" "'" i"n".e il .ir.liqs unless Il j, re-
N"t-'N hN "a majority ul fHI.. ''''"'7' c.. nit
tees are Nut "a lliti,s of Cnnsr.-r, ll, M 'r
a'tl0n amounts g. nothing unlo-- rat nci IN
Congress. Thrdc'l-.uu ol O1ninrrn. o. CONF
hiilr' amounts To- nothing in point oi las until
ni but .hnu you create a comm-aion
panty ~ : nwot-' ltiuy al members, and