, 1877-01-13

vftthtr nv r,r. ton,iHa,ionai'v or properly
gi,t"; Thls right q Determining On the man ~
tlufry into the qualifications, and the Q.lastls
tlcrtssary 10 prevent ,litquaii1cti nr improper
men to.Ing, md to Insure tho votcs Icing lc-
rally gives, ressa an1 Is exclusively vested In
gaard. a.,inst In,rropcr elections Of Electors,
and II Institute tribunals 10 inHuire tnto their
qualifications, with tho Statc Legislatures, s1nl
Will, them alone, rests tho power r. institute
them, aud thry must exercise Il. To E!sc TO
Congress, even when assembled In Convention,
right to reject ur admit tho yotes Df statrf,
w''pd liayc been ~ grnas and dangerous an
nry a. & hs ,anfrs s. d ,iy the Gpn'f1t.r Hox
could they expect that, In t;ccdng on the c!et'-
ttan Of President particularly where k,tch clec-
tIou, Was strongly contested, party spirit
Did they mt knew how ea.v It WAS to tatsc ot-
icctfvns against the ylcs of particular elections,
nntl that in determining upon these It svns more
thnn probable the members would Tccolleet
times their own interestsl Or must they not
hare supposed that in putting the ultimate and
final decision u the Electors IN Congrcfa, wlo
were to decide frreyocaf,lY and without appeal,
ind prevent ll1s assuming and exercising That
independence in the performance Ut i,lh duties
upon Which tl,u safety a1l honor Of tho Govern
Incnt must forever restt''
HE 4i4HSb AldkASt1QHalt ~ VAH
IN tlfs debate was ntale by Mr. Baldwin, OF
follows:
"lic did not agree wlth the gentleman from
the close Ut the eighth section of the CoIlstttu.
tion, which gives to Congress power to pass all
iaws necessary and pEopcr TO carry Into ELECT
tle foregoing powers Of TINT section, and oil
uoscrnfncnt of the United Stascs, or in my de-
Tart'ncnt or ntccr thereof, could lie extended
To t!lis case; that speaks Of tho use VI tho DOW
cr. % vested BY .''c constitutIon-tll!s reso!ution
lblll rclntes to the formation Of a competent
and essential part Of the Government itaeif:
ii1at speaks IT the movements of tho
Goverltnel!t after f Is organized; thl;;
relate; t1 the E.cetye 11a.fi and
work, aal to ne done, Il Mt III, in lie lie MANNER
pointed out by The Constitution, hy proposing
an article uf amendment to the ConetItutfu,
Sn @ at iat 'fs e a ors III: s'Fn 1a 9nq% 3 ns pf
visions on tllls subject wcsu already sufficient;
were ~ safely lcft to 81 the CT decision q The
that could hr devised; anil that the members
Of thu Sellato nlld of tlr House Of Representa-
tires. wirM lIlct together In orc room, should
receive the att Of tic Electors ~ they would the
t;oycrnn,cnt, to Judge only OF its authent!va.
tfut, nttl then to prDrceu to count the votes,
!lrcetca I'll the sctond nstic1e Of the Constf-
tutt0H."
In conclusion, and In further support Of the
vicw TINT the opening uf t1.: certificates and
counting Of the votes transmitted IL merely
mInisscrial duty, remark that this Is dcclurcd
III ntl amendment rrf,p0setl 10 tho bin under
discussion; and that tic appointment Of teslers
IN the part of the two flnuscs does not take
from the President of tho Senate any power, nr
give to the two Nuuscs my power to g, behind
the returns. ns wttnsss the following language
employed By Mr. Jefferson In 1sGi, In certifying
~ ills own circti0M there having been telcrs OH
tho part Of both lfnuscs}:
t'e It kuown etc. etc. The undcrwrittcn. Vice.
SENATE. dbl In thc nrcscncc 81 .ali s"nato a. nn Mn,
lIor+c Of Representatives. of'tH alt of he ceri!n-
edft& amt count al The rofts o! t1e Electors for
i'rertslent; whcrcnpon It appeared that Thomas
Jefferson. nf Virginia. md Aarnn 1snrr. pf New
York. had majority OF tho votes Of tho Electors,
ctc., etc.
Tlmt ought to bc good enough authority for
our Democratic friends.
WILLIAM UENnY SMITH.