New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-27
Communicated
The Electoral Vote,

vldes that Each State shall appoint, in
such manner as the Legislature thereof may
direct number OF electors equal to the
whole number of Senators and Representa-.
tives to which the State may be entitled in
the Congress" etc.
'The Congress may determine the time of
choosing the electors, and the day on which
they shall give their vote, which day shall
be the same throughout the United States
In case OF the removal of the President from
office, or of his death, resignation or inabil
ity TO discharge the powers and duties of his
office, the same shall devOlve on the Vice
President, and the Congress may by law pro.
vide for the case of removal death, resigns-
on or inability both of the President and
Vice President, declaring what officer shalt
then act as President and such officer shall
act accordingly, until the disability bs re-
moved, or President shall be elected"
In article twelve of the amendments it
is declared that "The electors shall meet
in their respective States, and vote by bal
lot for President and Vice President, one of
whom, at least, shall not be an inhabitaDt
of the same StatA with themselves; they
shall name in their ballots the persona
voted for as President, and in distinct bal
lots the persons voted tor as Vice President,
and they shall make distinct lists of all
persons voted for as president, and of all
persons voted for as Vice President, and of
the number of votes for EACH which lists
they shall sign and certify, and transmit
sealed to the seat of the government of the
United States, directed to the President of
the Senate. The President of the Senate
shall, in the presence of the Senate and
House of Representatives, open all the GER
tlticates, and the votes shall then be
counted. The person having the greatest
number OF votes for President shall be
President, if such number be majority of
the whole number of electors appointed;
and if no person have such q ma
iorlty, then from the persons having
the highest numbers not exceeding three on
the list of those voted for as President, the
House of Representatives shall choose i'm
mediately, by ballot, the President. But in
| choosing the President, the votes shall be
| taken by States, the representation from
each State having one vote; a quorum for
| this purpose shall consist of q member or
members from two-thirds of the States, and
majority of all the States shall be neces-
ssry to q choice. Andif the House of Rep
resentatives shall not choose a President,
whenever the right of choice shall devolve
upon them, before the fourth of March next
following, then the Vice President shall act
as President, as in the case OF the death or
| other constitutional disability of the Presi-
| dent" etc.
These are the constitutional provisions
relating to the election of President OF
| NlOusiJ JueJ W uOb COulcE any pOWcI
upon the Congress to count the votes
of the electors or to provide any
Instrumentality for counting the votes.
| By section one, article two, above quoted,
| the Congress is authorized to determine
the time of choosing electors" and fixing
1.-THE day on which they shall give their
vote" and to provide by law "fOr the case
of remoJ al, death, resignation or inability
of both the President and Vice President
The enumeration of these powers conferred
on the Congress by the constitution ex
cludes all other powers on the subject
"LnCtuSiS 1itiaS erClatSiS atterluS," The
amendment above quoted cOnters no power
on Congress. In one contingency only the
power is conferred on the House to elecl
the President. But as there were but two
candidates voted for at the late election
and as an election was held in all the
States, the contingency mentioned can nO
arise, either Governor Hayes or Governor
Tilden necessarily was elected. The Con
gress, therefore, mas not the right to eDact
the bill proposed by the joint committee
because the power is not expressly granted
nor is the exercise thereof necessary tt
carry into effect any other power granted
to it, even if 1t be denied that the power il
prohibited to Congress by necessary implt
cation as stated above.
But there is another and an insurmOunt
able objection to Congress legislating or
the subject. 1t is this:
! The constitution has provided the mode
of electing the President, or of ascertaininG
the result of the election, and no othel
| mode can be resorted to without amending
the constitution. Any attempt to do thil
would be in derogatiOn of the constitution
"Each State shall appoint, in such man
ner as the Legislature thereof may direct,
the electors; and "the electors shall NEE
in their respective States, and vote by bal
lot for President and Vice President" anC
they shall make list of the persons votes
for as President and Vice President, and o
the number of votes for each, which list
they shall sign and certify, and transmi
sealed to the President of the Senate, VIII
shall open all the certificates in the pre-
ence of the Senate and House of Represeu
tatives, and the votes shall then be cOunte
he election OF the electors is regulatet
by the laws OF the States, and the result O
such elections is asoertained and prOclaimet
in such manner as the Legislatures of eae
State may provide. In Louisiana, for ID
stance, it is by the Returning Board. Tn
ministerial duty of the Governor ia to Civ
certificates to such as are declared eleete'
in the manner provided by law. Who hav
, been proclaimed by the proper officers Q
each State as having been appointed eleC
tors is, of course, a historical fact, which
presumed TO be known to the President G
the Senate.
By the constitution it is made hls duty;t
open all the certificates of the electors (tha
is, of those officially declared to be electe
by the State officers) in the presence Of tn
two houses of Congress-; and the cOnstitu
tion declares that the person who has IT
ceived a majority of all the votes shall b
President. Is it of any consequence VIII
, counts the votesl They are opened i
the presence of the members of Congress
who may keep tally sheets if they choose
or they MAY appoint tellers to do this-tha
is not material. The constitution require
the electors in each State to give hst {
the number of votes for President and Vic
President. The count before the Congress
therefore, can only be the addition of th
votes given as stated by the certificates {
the electors from all the States. That th
Senate and House of Representatives are I
be present only as witnesses is stated in 81
press terms. Something is to be done
their presence, not by them. 1t would b
absurd to say that an act to be done by
: should be done in A's presence. There
l not cGsus omiSSuS in the constitution 9
| maintained by some. The cOnstitutio
directs that the votes shall be delivered
! the President of the Senate, who shall Ope
l the certificates before the witnesses-th
votes shall then be oounted-and the reeu
of the election is proclaimed by the eonst
Z tuition itself.
"The person having the greatest numbt
. of votes for President shall be President,
(. such number be a majority of the who
!, number of electors appointed" Thus, whe
the President of the Senate opens the ee
. tiheates in the presence of the Senate an
!, House of representatives, whoever sha
. have received 1855 votes, as shown by Il
Z certificates of those declared elected by Il
!, State authorities, whose duty by law it
to make such declaration, shall be Pre-
i l. 1 r.ek ~.