New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-15

sibiGty Of question Of the validity OF the vote OK
State even when it was properly certified; because
IT, in ms words, the votes OF Vermont hau o0e''
fouul to contain somo fatal vice." power Ilu'V
have existed somewhere outside OF the State 10 de-
eide that the vice fatal. Mr.. Madison gives uSho
intimation of where he thought that power resided
l.. W.
TUP ELECTORS CHOOSE A PRESIDENT.
WIEN TIIr HOUSE CAN ACr-1HT RIGHT or lou
Is1ANA To HAVE IFS VOTE COUNTED-Irs Flee
TORS LAWFULLY ENTITLED TO VOTE.
To IN, Rdttor Of The Tribune.
Sir: The mode of clecting President was more
uaturely considered by those who made the Consti-
Triton than any other question before them. Inc
first proposition was to make him elective by the
ioint action Of the two houses Of Congress. There
were 50 many objections TO this plan that 1t was
abandoned. One Of the principal objections to 1t
WIS that President thus elected would be but the
tool of the power which had elected him. and which
vould Lend 20 intrirmcs and coTrptcns destructive
alike e. the independence and dignity Of the great
office The Electoral College method was adopted
as tho very best in their opinion. that conld be de-
yised by them The States given hy the Con-
gtitufion the power d" to appoint the electors III
snch manner "a the Legislatures thereof may
direct" Congress has no control over thor
appointment, nor can IL in ANY way interfere with
ere ne supreme in The performance Of their duty az
the Congress is in the discharge OF its duty. When
evcr the electoral colleges Cf AL tho States confer
rnaicritv Of theirvotcs on Hny ono man. he becomes
cnusttn'iunally the President for the term OF tour
wears Prom this decision there can b. no appeal,
bccau-e 10 p~cyis ion has bean made by th" ConSt-
tuition for an appeal to any supreme authority Inc
only way in which the House can have anything to
do In making q President is when The eleci"ra! col
Iegcs shall fai to give any one man majority OF al
+bc votes njycn These views are sustained as well
by Judge story and Kent the great cXpoundeis az
the Constitution rs by the common sense construc-
Ton Of tLat instrument. After providing for tie
procedure of the electors aud for the certificates
az Ito number of the votes given and for
whom given being sent to the President Of the SEN
ate the Constitution says; The President OF The
Senate shall, in the presence Of the Senate and
House Of Representatives, open all the certificates
of the electors of the several States and the votes
shall loo counted aud the person having the greatest
number OF votes for President, If such number be
majority Of the whole number Of electors appointed,
shall be President" In commenting on this pro-
vision of the Constitution Judge Kent says: That
the two houses to he present only as spectators
70 witness tie fairness and accuracy of the transac-
lin, THAT Is 10 see that tie votes are correctly
added m and announced, and tho House 10 act
only # no choice he made by the electors" Judge
Story IN relation to tie same provision. says: No
provision is made Gu the Constitution for The DIS
cnssion OF decision Of any questions which may
arise ~ to the regularity and authenticity OF the
returns of the electoral vote. To the rights Of the
persons who gave The votes or the manner or err
cnmstanccs in which they Ought to he counted 1t
seems to have bceeu taken for granted that no
qnestiou would arise the subject and nothing
more was necessary than "a open the certificates by
Il l..tl.
houses. aud to count the votes ~ rturnod" 1t
seems 10 me that no man understanding The English
language. whether learned in The law or not, can
come to ans other conclusion.
The admitted rule for the construction Of tho Con-
s,itu,Ion laid down in Judge 1urkcr- Common
tories on Biacl stone i. that it shall De construed
strictly IN I'll cases where The rights Of the states
nav Dee drawn in question or are involved" The
rirht If . state a. participate in the election Of
President and 80 have its electoral vote counted %
cast and rcturncl Nv its clectci. constitutional
right which cannot be questioned disreglrded. IL
cannot b. deprived Of this right NV any act Of Con-
Qr,ss or any other power. when the Constitution
saws hat the vote Of the electors shall be- coure1 it
is absolute and imperative.
To accomplish partisan purposes. even strict
siructionist. now contend that the words The
VOTES shall be counted" imply that they shall not
"b. counted" should objection Dc made 10y The
House Of Representatives. in effect that the House
has . rnwor superior 90 the Constitution This they
call the doctrine of obtaining power by implication:
that il that the words " shall be" inply % shall
not be-" As well contend that the word white
implies "black :" that is white becomes "black"
by implication To this absurdiy are these
Founders Of tho Constitution reduced! resort 10
any means bv either house Of Congress or 10y joint
action 10 prevent the electoral vote of State being
counted would be u usuTpaton. destructive Of the
mode established by the convention for the election
Of President Congress wonld then make the
President, - thing which the trainers Of the Consi
tuition determined it should rot do, except where
the electoral colleges failed provided for in the
Constitution.
Now ~ 10 the recent Presidential election. II is
contended bv the defeated party that, inasinnch
the face Of the returns o. the election in Louisiana
indicated that majority of the voters Of that State
had voted for Mr. Tlden, therefore he should be
The next President. let look at the facts they
exist That State has the undoubtcd right to
APPOINT electors in such manner as the Legislature
thereof may direct" The Legislature did direct
that the question whether not the electors were
legally elected should be determined by returning
board established by law For this purpose the
board was authorized 10 inquire whether intimida-
tons and frauds upon The ballot-boxes had taken
place previous 10 or the day of election If from
the testimony adduced the board convinced
that such means Of carrying the election had been
resortod to- they were compelled by their oaths Of
Office 10 do just what they did do. Ii seems from
the peculiar condition of affairs in that State
the Legislature thought it to be necessary ard
proper TO give this power 70 the board.
L.. bntb tot,ct nov