, 1877-01-17
JUDGE CATION on TIE COUNT,


moved to contribute his quota to tho liter
aturo OF Presidential elections in fo,,r-col-
umn paragraph. The publication in Iur
rRlursE OF tic argument Of Judge WEsr, Of
Ohio, furnished tho occasion for Judge
EAros to reply through tho columns Of tho
Chicago 7Ists. 1n tic paper Of Judge
CATION occurs tic following assertion Of the
present Democratic argument, given more
clearly md intelligbly than IL generally tho
caso with those who hayo written oil t!.at
sido:
Cn1iorm practice haa decided that the two bodies
shall act separately In the decision Ut every ques-
tion which may a.Isa. Nothing can be done, then,
Affirmative action can tHku place, w!,..unt tho
concurrent Ana affirmative action. either expressed
or implied. Of botl bodies. To atcettAIn and de-
teEminc Tint toto IL genuine, lint It Is BY duly
qualified md duly appointed Eleetor. and IL for q
tny qualE,tra person. inc. tho! II IN vote IN.
Titled TO bs countcd, IL en- affirmative arL and,
from The very 1rcrh$ity NJ tho casr, requrca tlle
concurrent art Ut both Houses. Wu may consider
It unfyrrsai parliamentary Law that where no
rule exists declaring otherwise that where thr
yoc Is equal the affirmative - os.. This mist hs
so iii tHtne Que can lnytnt tulu tly which one
cHuHl halt Il EreateF than tho other rnt hall Kr.
tnriber, the ncsttun cannot hc whether pastlcu-
lar vnks shall be rejected until Il hui frat tcrn n.
mfstcd, When Il hah atce been declared \ proper
and competent sotr hy thr Affirmative art!om uf tho
tw., Houses. then It has acquired LEGAL standing
btfurs thr ranyatbrrs, Aui r1Dn0t nftcrwart! Lc
Rejected without like Affirmative snte. When 10
qurston n thfse.! ahunt yutr. Ils acceptance IL
implied hy lie silence Hf The two 1tuuhtA, and 10
tbs yute when opuneA Ia handed 10 tho lcllrr4 with.
aut ab}ptsait. bai WAea .'ttrttIuu h raised, m
such assent IN lfnprd. and IL T'rnfrrs f"rInh ad
atirn,ati.. aettun oG the twn lIou<es hcfosu tic
vote can ". Countcu.
Considering t1at Judge CATos Is Demo-
crat mud lawyer, 1ess eaa lc parloncd In
him tllGn In those whoso conversion to
estate ltiglts" IL of recent tlnte. Tile
Judge must know ts.as the right OF State
to appoint Presidential Electors, aud the
right Of those Electors to voto on tho .lny
aud in tho MANNER designated, nra not rights
resting til tlsu will or caprice OF ono or nslser
h:ancl! ot Congress, bu. ura plaillly uutl
CLEARLY written on thu face OF the Co,,stit,l-
tion. That sa,no Constitution provides that,
having voted, The Electors shall seal UP tho
record Of their action properly certified,
transmit it u tho President OF tho Hennte,
who HLall keep tho sau,o until the day fixed
by law, When l.s shall open The certificate,
which "shaN t1tn bt counted" The right of
tho State to appoint Electors, Of The
Eiecsoss to vote, aud Of tho State to
have the votes of Iii Electors counted
is fixed In thu Constitution. The
question is not and cannot be, ''Shnll sht
Electoral vote Of tho State Of Illinois 10 uL
u,itscls' because tho right OF tho State t.
hare its yoto admitted is settled by the su
psetne law Of tho la,nl Tho question Of I'D
lnitting the ,ote Is already nfirn.atiyely set
tied by law. When the President Of tht
Senate opens the certificate Of thu vote OF
tho Electors Of tho State Of illinois, proper],
Infested, Tho. certificate is Of right admit
ted. On its face it beara tho authority Q
The National Constitution, declaring thu e1
elusive authority Of the State OF Illinois Il
appoint Electors, and Of tho authority Of til
Electors to vote, and Of the State and OF tA
nation to havo that SotS counted. Tho vot
must be counted, u a matter Of course, un
less II 10 rejected No motion that tho yot
Of tho State Of Illinois be coautcI Is iu ordo
Vt needed; the Constitution declares tina.
I.aH Be counted. Tie ouIy motion that Gu
be nude IL TINT tue vote be rejected Or 10
counted. That il an affirmative proposition
; aud that is just where Judge CATox's ez
: | plsnatioa Ut parliamentary = law bt