, 1877-01-06

ilnfnmtnt Of President by Conerrts fails, where
nrnn that Office dcvolvc. upon the representative
branch alonc.
This ia simply an effort to revive tho twen-
ty.second joint rulo without prcvious
agreement Ly the two Houses Of Congress.
The distinction which tho writer is either too
much Of blockhead to understand or too dis
honest to ntlnit is, that the counting OF tho
veto is necessarily mtnisttral, aud the legis-
1ative authority Of Congrcas In tho n,attcr In
confined to the manner in which the count
ing shall bo done. Thus Congress might, IT
tho two lIouses could ogree upon II, rovivo
tho tventy-sccond joint rule and enable
either House to reject the vote Of any State;
bns 80 long as the two Houses fail to agrce
upon any such statute or rule, certainly one
IIonsc cannot by It's own motion assume tho
powers such statute would give It. Tlis
would DO to mako tho provisions of this nnii-
republican joint rule constitutional priv.
ilcgr,-which 1t certainly is not, because the
Constitution leaves tho manner Of counting
in'leterminate. II simply requires that the
votes shall be opened by tho President Of
the 8enato In tho presence OF tho
two Houses, and then enjoinB that Tie coffs
shaN b counted. The Legislative power Of
Congress is confined to determining, in the
usual form Of Legislative enactments {viz.
by tho separate and concuuentaotion Of the
two Housea). how and by whom, the count
ing shall be done. Congress could undoubt-
edly by agreement confer this power upon
the President OF tho Senate, upon tho Speak,
CT Of the House, upon committee chosen
from tho two Houses, or upon any person OF
porsous they choose. This power is incident
to tho general power Of enacting lawa to
carry out the directionsof tho Constitntion,-
tho only direction in thiscase, nfter tho votes
havo been opened by the President Of the
Senate, being TINT they shall be count.
ed. The United states statute quoted
merely directs that, whom the votes
are opened, they shall b counted,
"and the persong 10 fill tho Offices
Of President md Vice-Presidont ascertained
and declared agreeable to the Constitution"
But how ascertained and declared? That ia
tho question. 1t is for Congress to dotor-
mine. It may determine to do SO isself In
tho manner described by the 7imes man, but
IL would require minority of persons in
both Houses equally idiotic with himself to
bring 1t about. But II Congress fails to
predotor1nine how, aud In what manner, and
under what rule the votes shnll be counted
before tho 18th Of February, when they are
required TO meet to witness the opening Of
tho returns, then tho counting cannot pro-
coed except upon tho strong implication that
the officer who opens tho votes Is the person
to count them. And, 1t tho President OF
the Senate does not count them, they will lie
there uncounted, awaiting some &C.
tfon Of Congress; aud, II uncounted
when tho 4th Of March comes
around, there will be vacancy
in tho ofticoa Of President and Vice-Preai-
dent, to bo filed by special election ac-
cor1ling to Inv. Il tho TImes can induce
Congress 10 readopt tho twenty-second Joint
r1tle, or enact any Inv, or agree upon any
regulation permitting either House to ex-
clude prin,a Jacts Electoral vote, VIC ahalt
have to abide by it, though It's unfairness
and wrongfulneaa aro patent. hut it is su-
promo folly to contend that the terms Of the
rule aEe vested in either House by constitu-
tional right, when tho Constitution merely
leaves 1t to Congress, i. e., both Houses, 10
adopt some rule for counting tho vote.