, 1877-02-08

F., mMle there wns no contest aout the personnel
Of the Electors, and no duplicate returns OF
vocs can be countcti, Judicial inquiry must be
Instituted to determine whether any or What
votes arc vR}iti. -..-.-...
Co GSngssss h's f. rS.e, rs. l. qnast 4e
late count which must bo made, bnt which
cannot be malc without tho previous exercise Of
its legislative power. By Art. ]. Sec. 8, OF the
sws rheh .a e. eees.a'y &c an ioT
ss.ya1f sssysa + ae sss sssss j % states.
Tho Govornncnt Of the United States must,
o1icere, fount the rote for President, and by
nter, Il Is sor Congress to name Tho officer or
eBsss1' M iS Ss5ets tss 9oxe, sasy tat tc
United States stnIl protect eatf. State from In.
vnsion," etc. It became an Important question,
, at an carly !lav, who should execute thta guar
russcd 10 pursuance Of the fatno Art !, Sec. 8,
which ma1o It the duty Of the President to exc
& Were It not impolisc,, and In violation Of
eounlng lie Presidential vots on the President,
OF upon The Supreme Court, or upon either
!. Neither tic President, the Supreme Court.
nor the House OF Representatives., however can
be charged with this duts, without unsettlng
tns eaanes Of The con,tt9 To 1s. ssthS51s .a
tho States most important power, and give It
To tho Gcnrral Government. Besides. the dan.
ger Of authorizing the President to do It would
alton to probing his own term or to l,ano hia
successor. To Gust the luty upon tho Supreme
Court woull Inevitably swamp tl!at TRIBUNAL W
making It od!os, As the final arbser IN all polit-
ical contests. The case is simiinr with The House
Of Representatives; as that body IL required, II
= President fs not chosen BY tte Electors. to
elect ono, 1t could NOT without tho grcascst DAN
fore fore thaht contingency Should hare arisen.
g. The duty OF npponttng the Electors l,av-
ing been laid exclusively upon the States
4"each State shall appoint, r. such manner as tle
Electors" etcA II that tl,lty wcra imposed upon
my hut tho States, the adjustment OF powers
between the States and Federal Government,
stroSei, md Tho already sufficiently extensive
powers OF tho latter be dangerously increased.
g. Indeed, u any body Or person other than
the States is TO exercise. tue function In CUES
mean to determine contests arising within. the
htates rs To the IersosInsl, or the votcs. of tho
Electors, It would be fnr less dangerous for tho
senats It's rfes1nt DO y an for my
since both the Senate mud It's President arc
representatives Of tho States.
10. How carefully tho balance between the
States and the General Government, In prcst-
siltution may 10 seen IN that clauso which .lc-
clares that "no Senator, OF Representative, or
hang an of0 an o
smother, which. provides that when the House
at Representatives shnll exercise the power Of
elcctsne the President, "thc votes shal be taken
by statcs, the representation from each State
having but one yoto."
ii. As the Federal Constitution requires that
"eash stato shall apPo!nt number Of Elect
ora." ETC., and that these " Elrctork shall meet
&Ato
md Vicc-prcsdcnt," md tran.m!t to tho Pres.
idcnt OF this Senate llsts "of the pcr4ons vnted
for. md Of the number Of yotcs for cacl',' duly
.tgaed aRd certified by them, It Is obvious
actcr: Arat, as State .functionarics, in re-
poet Of their creation and Of their representa-
tive character; and, secondly, a. Federal fune-
eos:g L 5s e O. ss s qf dsa{ ass ssesa
officers. II, therefore, there is nothing In Tho
Constitution to tse contrary, tho Electors
ought TO be subject, IN oil that relates to them
Or to their action in their irat chaructor, 10 the
State authorities; und IN all that relates to
them, OF to their aetton, in their sccoul eiarae-
ter, to those OF tho ticncral Government. But
transmitted hy tho Electors 10 the pros!dent of
the Senate, Mt Washington, I" shall be conntct1f
ind nothing more. tho laws of the Union md
of tho States ought 10 bo 10 drawn us 10 leayu
nothing fns Congress to 10 bnt to regulate tho
counting. Ut votes, III, respect Of which Mi
contests have been settled by the States. THO
statcs forward each Ia Electoral vntcs; tic
General Government count them, II then,
sest!yss f aSSalt's tSslr eiestto Ice sas law
ought 10 override my MT ot Congrcss on Tho
same subject, as paksed in cuMtTaycnt!on ,nf
tho tFue spirit and nlcantng Nt the Constltll-
Non.
II, Beyond question, then, IT strict regard he
paid to the, existing balance Of the Cnnstitu:
by chnrEfnr with the ntlfCtY 4tntc function 1T