The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-06
TIE POWERS OF CONGRESS
TINE OPINION or iN Ey-JTDGE or
THE STPhLNE COtRT

the Election ot irr-idcrt The Dunes ANA
Powers Of Congress Clearly Defined
WAsHfNGToN. Jan. Ex-senator Bayard
has furnished for publication the letter OF the
Hon. john a. Campbell of Louisiana. formerly
u Judge u the supreme Court Of the United
States. on the powers Of Congress and Of tho
Iresden; Of the Senate with respect to The
counting Of the electoral votes. judge Camp
hell first gives history of the deliberations
vhicn preceded the ado; ton OF the article In the
Constitution governing tho election Of Prcsi-
dent. From this II appears that the plan adopt
cd hy the Convention which framed the Consti-
tuition authorized each state to appoint electors
In proportion to the whole representation In
Congress; hut In the event OF the failure to make
an election In the Elector College. the election
was to lie made by the Senate the Assembly OF
the siates-in which the quality of the states
was still maintained. The Convention had pre-
,iously cxamincd propositions TO commit the
Legislatures of the ~ ties to the people, Ovid
ed into districts to electors choscn 10y lot from
Congress; to the Cong cas- Itself; aud none Of
these had satisfied the Convention. The plan
above presented WIS a compromise OF cOnnict-
ing . ,n aver s.n s e eas,J"Go 20, %.
Confederation and In the Convention. The plan
discloses the nature Of the duties the President
Of the senate has to perform in these words:
The President OF the senate shsi In that
House uhe Senate. open all the certificates, and
the votes SHALL then and there be counted
Judge Campbell goes ON to say.
Therefore 1t was imposed as duty upon the cleo
president of INC senate siaicmrnt OF their votes
he r'ident Of tue senate ~ss to opea these "a ine
20 note the fact ha, thrse were not to e sent The
Army. faty wcry to sent to the Presiaeni Of dc
framer. of the coIsiituiion ad ied the most appro
pr word Of the Ensllsh language to describe tue
eeive commune ,tions designed Tor the senate
body When had penary Power TO prcssnbe
s rpueS for brse a"a ' M oer h@ pc
io,,nanee o. MS duty toe prs,ideti q the senate In
receiving communications. petlo or addresses
ordaaie g their control i oaG BE- an inyeron q
their relations, alteration Of the constitution OF
upon SS S ec SSSn he oSs re s "
s csSiora pIa 6S be to 'a he
res deat OF the sen,te, anu wlich were not to
s,e my T.Ie faan',r with the QUITE, o. Ne
assemtlie- HAD they de,is,ed to N. sc change IN
nave SrG eea clearly e, 5He h S1Ii
therefor, thel ne Pieslaent Of the selac sig
them TO ne senate at sul.r session. tecause this
ease. me senate Vas neeessay party me only
beeam Their dnS To- ascertain whether the electoral
COLI ma and cast ,r votes so as TO elect
the senate N 'her senate II use, were 20 perform
lie plana submitted wa. altered so to dcyolve on
,es sSnasnh n; nj p, e guy "m S1 .e
and -, Other na5 va, caaased ~ % u.s. Of heprc
that tue House Of Ecpfese"tatsts WAS % to receive
beS ,1 ' r r y Tue ila Of sgp'sm
that he hOud he eA.ofiIo President OF tie senate.
no coa,u or1ry deS ,e nor sass aaent US se tie as
pc snd tue House q r ,enstses he Ina AMI ao.o.
eIec of Pre.ie and ,c. S ne mi a g an
Judgment Wa ihdercAdeni a. aLy control u thes,
ofhis performance Of that function.
The eventual election Of the President by the
Senate met with decided opposition. Charles
IinckneN said Tine dispersion OF the votes
would leave the appointment with the Senate,
afiu as the Ere slieutS lelppOitt wgll1 de-
pend On the senate, he viii be the mere creature
aeaius' the House Of Repres entaiives." George
iraam'ssible lie would prefer tn Government,
Of Prussia to one whica nut oil power mo the
hands OF seven cr eight men and Fixed an arts
Jam villain saI AcceTdi TO tSe nlsn "a
itnov stands the Pres .ent VIII not be the man
of tie zen to-" The divisions IN thu Conventio
weIe COMPOSED ma the Constitutional article
adJustedi ny succes nj motion Of Roger Sier-
man t. stfike from the report the words " The
"Ihe iInise 81 Rspre 'entatives shali immSd,,
Mt" ~ ch11sc iN ilot one Of them for PTesi-
dent, tue members irom each state having one
vote, winch motion was sustained bv III the
States out one. Judge Campbell continues
ok vi b. seen 20 ne de ais mat the evils which
hppcAr.i most cYn.peh u'j % the MUD OF the Con.
reesiien M Nc,.Pr silent were, inal there would
under a. Go',rhm'nt' AMI lhat tho'e men soud
AZ, I', .ra, t fsn9 i2 l., an
pti, a. r cae Iiics, suI iai ~ was necessary to re-
eSs q, g,,ga ,r Bsaeic bic from the pres
wei s.'l 'he i,rn.dAnle array made against the
s ,ss Mason M , or Ms9',sT
~, vs. .iii Ign, ccrliy an transmit scaled TO the
The rre,ien Il the senate AID he Pedeat o tb no
senate snail n Ai n Ne o9,n al the certlcatcS. sud
tHfN tc- saa ! hen ana there be c u4tDd," power
iAe INT cam'd " a Lou.iani or South Carolina Re.
hiv dfAssrl lh ven mons beast from his hidns place.
Saycn TSSs me- 9s the mai seAnen' OF ae
rs u, nna 'r9'rr 'na Re en- rn,c re.urn or coant
rre'a, a. of e nae Would never fan oeciae as
70 81. GAYS, don, A,s deyoye The senate We
power Ia, We're At once ' aa 'i 10 Si me
nno nsn % r. 50 ta sap,er1i ut AZ nnisru
Al, nt-i ilee nooty aAd spoil by violent selzgreo OF
urS u wor any a' i tnrfs d 4Ss
tsi 81 m s en ,9rT go os S,qsgs'on iawe;
" l,op e. !. .ann 4 ne covered or CONCEALED BY
county may be M as BY S out sS SSs
power cannot c9n'1ol or drpiIcn the nirli.ence Of
s,na', ,, WA not not am o. ge 1ch possT sna ma,
q tAepo - H. and subject 10 the dl'po iton OF both
M' o ~ az c, = oa ~ oi% session Taes9 two
f. ,ne gi"' or oraanism., aud are vested with the
h relation to very cxerce sss ave power Tney
ohl. Lyon acI WIN oe"eds from them must be
1" cn, iey a. 1,l,d apon % perform Is one OF
,cci.f pp5 iei BY ll5 Seyera states Of the Gnl"n.
70 me rinle their Legislatures mai have directed
an. ccc,ul ID completed thr or-aLizaIon OF the GOV.
erhA ra' ~ c lntcd tate. by the cAOice Prrsi.
dcn and Vice Pea lent 10 hold thOsc One for The
tcurf 'pNrye hc-- thc-c llOu-ch sh mud va ID
ana ~ tiuN a. lul, llen they required pa.
rdr, ana inc House Of IL s'ntativcs vii choose
Iip,l Atl lhr -rulte VIII cnOD-c Wee lresi lent
Tie votes e. uNlun Cdftd To them counted In
t,ir pir.rnr from the count aud inquiry this
eli ~ ;.-i Doe ma &C.. In tils decision there a
Clucfr r nee VI both Houses.
No lr icnt Or Wee lrc.lent show any lille for
III oifle as derived from tue yOtc Of tn .ioral
G. , rrNr thHt ucrly ID fr IN judgment Of the
~ ~ lust, OF Congress. No JudlClu authority
.i / Nil4 oNttei inquire OF auy other TIE The
Ji'-iIt4t T. rai aOsl.uie ami 10 be .cceptcI q
tth' Ia cniAns u Their conClu-i ion, ! know OF no
limitation uIu4 iur C.itclD %: the Houses
CUR, 20 IA, Go form a judgment These two
biai N experience and iabii continuity EN-.
ploi "a sunrrinieldiug authority over every
bihtN u i.uNr standardization The wclLbeng, nay,
We en- o. iir nip irl n's IN a MEASURE upon the
colVi ics- ana ,ufrccl - OF their opiuIons OF law
rfd 90 ftt 10 lhe ty"rcse Of The powers vested IN
them So That tiry haNr ut their command all
tnukrc' ~ accumulated experience to nscrriain the
tfl'n Nu"ifrr - law or Of fact. No important
tuiJ ri iNr inquiry cii Atisc Ian the they
C.ie ur ID to dcterHi.e. II there be concurrence
Of nl' iNn, ne Judgment l. Conclusive aud all the
enc - iIe Judgment Hrr tH-iiy a,certnlncd
u' ~4i uuHr there Dee tiutrthce Of opinion ire
CtnflnhIr dn'rrn'c 80 opinion between the Houses
u BE- fr tl cfhrr tal4idhc eau make any the TO
tie uiuc' ~ lr'l en- 90 Nl.clrrsiicut under the
Ngi,,n Of c'ior. IN The M ctorl Colleges. ms case
OF DIVISION D. huf an uDtonuOn one wucrc there are
w. or nurr luiogll ppl the assent of Hll luz