Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-01-24
The Presidential Compromise.

devisng a mode of settling disputed cleo
toral votes, have united, Senator Morton
alone excepted, in recommending plan to
each House, which provides essentially as
followsi ~ The President of the Senate
is to open the certificates from the states in
alphabetical order, and declare the results
when ascertained. (2) The tellers are to
count the votes. (3) When only one re-
turn is received from state, the votes must
be counted unless ordered otherwise by
concurrent vote of the two Houses. (D
When more than one return shall be re-
ceived, the President of the Senate is to re-
fer them to a commission, consisting OF five
Judges of the Supreme Court, one OF whom
is to be selected by Judges Clifford, Strong
Miller and Field-two of these being demo-
Gratis and two Republicans-and five mem
bers of each House, who are to receive and
decide upon the certificates, petitions, and
evidence relating thereto, acting under an
oath to discharge their duties faithfully ac-
cording to the constitution and laws. The
decisions of this commission are to be final,
unless overruled by concurrent vote OF
the two Houses (j) 1t is provided that
nothing shall be held to impair any existing
right under the constitution and laws to
question by proceeding in the United States
Courts the right or title of the person who
shall be declared to be elected President or
Vice-President, If any such right exists
These provisions, with other details, are
embraced in bill which at the first blush
has been received with much favor. Ger
tainly if both Houses snail agree to it and
the .dges consent to act, the country will
not be disgraced on the floor of Congress in
counting the votes, and outside partisans
will be forced to submit. The chasm will
be bridged the world will see that our gov
eminent is adequate to meet any emergency;
peace will be preserved, business men go on
with new confidence, and the credit of the
nation abroad be greatly strengthened. 1t
is this prospect which gives strength to the
bill in popular opinion; and on these grounds
Senator Edmunds supported it Saturday last
But there is a weak point in this bill Is
that it is, because Congress may make all
laws necessary for carrying into execution
all powers vested by the constitution "in
the government of the United States, or in
any department or officer thereof" The
President of the Senate is an "ofiicer," and
the conclusion of the Senator must be, that
Congress may tell him either how to count
the votes, or prohibit him from counting
them and the bill does little of both. But
some astute Congress may claim that it is a
department" of the government, and on this
ground has the right to authorize itself to
count the votes, and in so doing to admit
or reject at villa thing certainly nconsist
ent with the constitutional provision that
the states shall elect. 1t cannot reasonably
be claimed that Congress gains any power
from the clause relied on, against any Other
provision of the constitution. 1t has been
argued in this paper, from a long line of pre-
cedents interpreting the constitution, that
the President of the Senate has the right
by the constitution, to open and count the votes
and declare the result. Since the articles
referred to were printed. Senate Miscellane
Gus Document No. 5, Of the present session
has been received, on the manner of counting
the electoral votes from the first to the las
election. 1t fully confirms the statements
made in this paper of December 9th anC
January 10TH The convention which framed
the constitution in 1857, and Congress at til,
first, third, fourth, fifth, sixth, seventh
eighth, and tenth elections, either declared
that the President of the Senate should o
actually did, open and count the votes; ant
Congress at the second, ninth, and at eacl
election from the eleventh to the twentieth
that is, to the adoption of the twenty-seconC
joint rule-distinctly defined the duty of tn,
tellers to be to make list of the votes a
they shall be declared" by the President o
the Senate. For seventy-two years, there
fore, there is an unbroken series of prece
dents, of interpretations of the constitution
in favor of the constitutional right of tn,
President of the Senate.
1t may well be said that there is now
peculiar exigency dangerous to the peac
and prosperity of the country which mus
be averted. But cannot the danger be con
sttutionally averted, other than by this bill
In the WATcHMAN of the 10th instant, tn
point was suggested whether any legal ques
tions, arising on an election declared by tn
President of the Senate, may not be decide,
by the United States courts. The provis
to this new compromise bill recognizes tn
possibility of this being done, and reserve
the right, if such right exists. Why nc
solve the doubt by an act of Congress declal
ing that section two of article three of tn
constitution covers such case Wthou
such an act there seems to be nothing I
prevent the courts from taking jurisdiction
but since the days of Patterson and Chas
the judges have been cautious Of poltic'
issues. Can there be more importar
judicial question than that of the validity
the election of the two highest officers in III
government? A case involving few thol
sand dollars, between Hayes and Tilden, ca
betaken to the United States courts; VIII
not the weightier case
The compromise bill goes far towards g
ing this power to the Supreme Court. Pra
ticaly it gives it to five judges, who,
they act at all, it may be imagined will Co
suit all their brethren on the bench Whyn,
leave the President of the Senate and Co
gress to stand precisely as they have stoc
for nearly three-quarters of a century, vii
the courts to settle the disputed question
arising under the constitution 1t won
be permanent constitutional lule-a pc
petual warning against illegality in h
elections in the several states. 1t won
simplify the matter, to say the least III
proposed commission certainly is liable to d
objection that the opinion of one of its mel
bers may decide who are TO be President al
Vice President. The intent, from the selt
ton of the four judges, seems to be to
vide the board equally between the t,
parties, with one judge, who is to be chos
by the four named in the bill, as the umpi
Senator Edmunds pleads that they will
be sworn judicial officers not politician
but the members of Congress are alwa
sworn, yet they have been in the habit
acting as politicians. Can the leopa