The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-31
One Man to Make the President Some
Views of Constitutional Law.

DO inc people IcdllZc lnc real character OF
the measure over which they are Just now
delirious with joy2 Do they understand
that the National Legislature has denudcd
itself Of the authority reposcd in 1t by tho
Constitution, and uniformly asserted when
ever its exercise has been called into requi-
Bitlon, from the foundation Of the Govern
nent down to the present time; and has
virtually delegated tho power OF making a
President, for four years. over forty millions
OF people, to one sole arbitrator
And what is the occasion-what the apol-
ogy-for the creation OF u temporary officer,
vested with the gigantic power Of making
Prcsidcnt2
A question had arisen as TO who, under the
Constitution, is authorized to count the
votes for President. BY few 1t was con-
tended that the right TO count the votes is
vested in the President of the Senate, bo-
cause the Constitution imposes on him the
duty to open tho certificates. There Is no
Foundation for this argument, unless to
open means TO count. The English Ian
guage has undergone many mutations, but
nj no stage of its history did it ever enter
The head Of any photographer that to open
meant to count. We may, therefore, dismiss
This theory as the untcnablc vagary Of some
wild Imagination.
The uniform usage, from the foundation Of
The Government seems to have been for
the Senate and the House Of Representa-
tiycs each to appoint tellers on its own be-
half to enumerate the votes, and. In case OF
disputed votes, for the two Houses, acting
separately, and without the intervention Of
any other power, TO decide whether they
should be counted or rejected. Why should
not this usage, now venerable with age, have
been continued on the present occa5lonY
Because it was believed that the two Houses
would not agree.
And so Commission, consisting Of
five members Of the Senate and five
members Of the House, and four Asso-
eate Justices Of the Supreme Court
Q. the United States has been agreed
upon, TO settle all questions about electoral
votes. These four Justices are TO select a
NTH, and then the Commission will consist
OF fifteen. Now II Is known beforehand
with about as much certainty rs the hour
and minute Of the rising OF the sun are
foreknown, that fourteen members Of this
. ,.iIl 10
videG on all material questions which will
come before them. In reality, therefore,
everything will be determined by the If
teenth member-the fifth Judge OF the Su-
preme Court H., IN fact, ,oM eject the nort
President II Is only mere difference in
form that the whole matter IS not referred
directly to him rs sole arbitrator.
We believe this Is an infraction Of the Con-
sttution and most dangerous and alarm
ing departure from the established usagcs
Of the Government
That tho two Houses Of Congress possess,
under the Constitution, the right to decide
questions pertaining to electoral votes, is a
dV'Lll NilNil iho l'N'lNf4 A4At ShhAllbu
md support OF large majority Of the
greatest names that have illustrated and
adorned the annals Of Congress. 1t is n
doctrine, which, by the very adoption Of
this bill-for bad as the bill is it must no.
cessarily rest on that foundatlon-has COM
mandcd In its favor majority Of thirty In
L.. a.
House.
II they posses that power, why should
they not exercise il, directly, as has been
done heretofore, Tho answer, as we have
already remarked, Is that, on this occasion, it
was apprehendcd tho two Houses could not
ngree. Very well, what then? There would
have been no election What Of thatl l.
that a calamity? Already in the history Of
this Republic, the Whito House has been oc-
The votes Of the Electoral Colleges. During
pno-nfth OF our entire national existence the
oGlco 81 President has been held by some
HuruOt placed directly IN IL by the votes q
a." electors. JLrTrRsON-ln his lrst term
JoHS QUlNcY ADAMS, JoIIN TYLER, MIL
LARD FILLMORE, ANDREW JOHNSON one
Di these was borne into Office by electoral
gotes. Yet the country did not go to pieces
under any ono of them, but moved on peace
Iuly and prosperously.
Ii the two Houses Of Congress- possess
The power TO determine who has boon elected
Iresid"'t-ns has just now been conceded
an the part Of the Senate, the House, and
The President then, when tho two Houses
Cannot agree that any person has received
The majority Of all tho votes it follows that
there has been no election. 1t Is quite evil
dent that such would have been the conclu.
sion probably arrived a, IL Mei.sai,t H.