The New York herald., 1877-01-21

| OF the United sisles, :. Any -ignt exists
We endeavored &c De 50 careful 20 injure 10 mans
rights under the constitution eyeL in me courts OF
law Afterwards by Any declaration that might be made
pursuah. this oil. Of Who is President provide
WITH he universal assent OF ali the seniemrL As |
have said OF ali parties that after all tbs been
through with aud We uave found who apparently. and
~ tar as ocr executive. Ministerial or arJudicisl
functions may 60 the President OF The United states
II there be nov under the constitution ant the laws
zee right OF true President To question the title OF An
untrue one. aialse one inai right sna. sl exst TN
pre;udcea by any influence thai might be ara from
The passage o. ;as oil aud The sciioD ander IL Ihai,
s.r, Il what Iae committee propose.
noEs rHa coSsriIurloS wAsgAST ~
Ihe nesi question s-aEi had not Etepded 10 take
so much % your time n the opening explanation of
TINS matter-whether VIA b.l. warranted Wy The
constitution of the United States IL the constitution
OF the Unied states authorizes Any Legislation at AL
IN order TO GUIDE OF regulate he ascer,aiumcnt OF
what .s the constitutional vote vi state iEeL take
10 nobody wi, deny, prooaoy. that this on. Is const!
.ltionai BIG. ~ as has been conieniec ny
rignt OF iecdine who - 10 be the President Of the
lated States II lne fact that Il las committed Tho
rgh, 0. deciding what IS the constitutional vote OF
Sia;c TO some more persons Or bodies, lAen i Is
SAID inat ths oil wihdiaws tnM rign' vi decision
from ,hl person or body, and thereby invadcs sac
constitution thai - Oh ;,s face ccsisncc 10 promote
and 10 execute - ,aaI be .rue. y .s ata b! - Is
Os MOI trre hen there IS the more reason why The
law should provide Tor a course 0! processing aad he
sscerlainincn, o. .he the u,ioE
mol specifically pointed put the Steps 10 reach
ran PRESIDENT ~ rHE sANArE
Now shall cons der tor few inmates tie p-cten.
siOn-and not tina, 10 o!cnG body, oIt
~ snort one-ihe prctension TIA, ihis great and
most responsible power - dcso!ved apon whoever
occupies tho char ina, you have happily ard so
hcnoraDly nllec for so long time lare say We
could all agree ,nat T.: :he constitution reposed
tins deciding power II THAI char se could nos
wish .oi better Judge 20 Nj ihe pace;
hut If II has not eposed II IL the occupant o. your
cnar sir. .hen matter how eminent or how learned
the gentleman may be who dlls Il. no matter how
completely he may command The rcspec. and conh.
dencc .: AZ The people OF the United states OF all par
lies, would be equally an INVASION o' the best rights
0i government 4 he were to exercise H.
The constitution declares that .hc electors Of the
eral S.aies who recognized a. oiicers junction.
& az
as does yours OF ours SHAH seal az and certify and
inc United states Ilrec,cd to me Prcsiden.
OF tie Senate the certificates OF The votes which aave
been given sos President Then II declares ,ha, the
President OF the Senate shall, N the presence Of the
Senate and House OF representatives, open all the GER
uhcates anc The votes shai. then be counted You
| vii. perceive Mr.. President, tina; II she makers
OF this constitution had designed 10 reposc
in the Presden, the Senate tho power decide what
was vote snd 10 determine its disposition, as they had
taken pans ~ every other part oi tho constitution ~
tie cearest language TO say what the senate sht and
might do, what Ills powers should be and those OF
the House OF representatives. As they had taken
pans IN the cearcst way ana with The mi
powers the President o. the United states should ex.
erc,se and what should exercised by any
authority and when IN respect 10 the judicial branch
they had also, with the same industrious d,gence
concrrng delegated powers, carefully enumerated
every power o! !he judiciary, how unfortunate II was
had 'hey designed TO confer that power upon that
Chair that they had not used the TWO words ina would
have enabled ihcm 10 do 30 II would have saved
vast deal OF dispute, anu scarcely imagine II
possible that body OF men. who IN every respect had
been critically exact IN the devOution the
and powers oi this government. Should have renamed
by mere accident, SO silent upon perhaps the mos.
porssnt pur for tho pcrpc.u..y o. The Republic IN
created or bestowed say, SIR that 1t stRggers human
ereduliiy ha, 4 that body Of men had Designed TO
IN the most critical %! all cases for the
well being q The Rcpusic, and IN . case
sell would ue at FIRST. and perhaps anerward, as -
happened tho very man who was TO prodt or 10 lose
by his decision. II stagpers human ncrsdu',y tia,
| that Chair they should not have said so.
WHAT The CONSTRUCTION DOks SAY.
But, after all must 10 governed by what the
constitution does say, and admit II you can imply
certificate implies the power 10 determine upon the
legal nature OF It's contents when is opened then tho
President Of The senate must have that power because
the power is delegated TO him and to else to
open all the certificates II then proceeds 10 say
that The votes shall bc counted which disclosed
by tho opening OF the certificates IL does not say
they shall be counted by him. fit had BEEN intended
thar they should be counted by him two words would
II Il had said they should be counted by him
we should have been great ways yet from that unda
mental and prior question as TO what IS the legal
ture OF the thing that he is TO enumerate-to count
not to decide rhe Judge IN tribunal decides; the
agrees does say the President OF tho Senate
shall have the power 30 count cvon in the arithmet
that he shall have power to decide anything il says
that he shall open all the certificates. Now sup.
pose pose we, we 80 back little and INQUIRE does
admit that the power TO open does not necessarily
imply power to count, because 1t IS aot necessary
count IN order 10 open, and an implied power only
arises wncn ~ Is necessary that the s0.called imped
power should DO exercised ~ order TO the perform
ancc oil The power THAT is given The power shat is
gwen BY the words oil she constitution is the power 10
''opcn."
COUNTING AND OPENING.
Now the power count is essential 10 the power
TO open. You eau open without counting. II the
language had been reversed. and 1t had sa.d that the
President the senate should count these votes the
certificates beng sent to him. OF course the ,mp.ca
tiop would have Al iscn that he must omen tho SCI.
rt he ha
did open them But u happens that the
language IS exactly the other way. lie shall open
them and then the counting shall tako place without
stating By whom IN terms Those VINO contend that
II is an implied power from the power to open must
show by inevitable ogic that the power to do the first
thing being granted IL necessarily iolIcws .ha, the
power TO 90 the second is covered by Implication la
short that the power 10 do one thing plies the power
TO do two. have not been ablc TO was
very clearly logical proposition Plainly II is MOI.
Then let US 20 back step and come TO where think
the fundamental question really lies. The President
OF tho senate IL 10 'open all the certificates II may
DC DC SAID ana u must ce sad that he s got authorized
to open anything that not "a certificate
The constitution only commands hn 10 open ''cer.
ihcatcs.' and 50 !, Is argued he must decide there
fore, which Is certificate, and his decisoa must be
binding because the constitution has rcposed him
me power 10 open certificates and nothipg else.
How long would that stand the test OF cx.
annationy The same article IL the const,. I
!u'on says tha. he . 10 open wha,
you extend tho rah, TO decide right back the
electors. You say he cccor thcn N the const.tu-
ton. by the very same argument s 10 decide what
the certificate Or {! you SO forward where do you
md YOURSELF
rns uorsB or RErREsEsrArvss
You hrd the very mex, clause Is that u thero is u
failure OF an. 0ody 10 get majority OF al the votes
the House OF Representatives shall elect On the
argument you are bound 10 Say and you cannot AVOID
ii-nobody car--tha the House OF Representatives
IS the sole and exclusive Judge o! when
the contingency occurs that entities II to
act, and II one OF these candidates had
received thrcc-iourihs OF the votes, ana you
der this CLAIM oi power IN the constitution had decided
ths. he had and that they were all valid votes
AID that be the President the House
could retire INTO It's own nall snd in the
very same language OF the constitution
turn round and say. by The same authori.v de-
cie On the same reasons exactly 'tliat nobody has
majority and We will elect our President Then II
yoa would follow a i:tc iurther IN the game nne
II says that ~ OF failure 10 elect tho
N.cc President shall be President SOMEBODY comes
lincdatcy III ana II the N.co President