The New York herald., 1877-01-24

certificates and is directed 10 open them. 10 may b.
implied that ne has power 10 eoani and theA
from Thai implied power may be implied that hc has
The lower 10 determine what shall be counted ana
then. IRON the iinpeatoa srailec IN the inpiicsuon
that he has TO declare the effect of count
aud what IL counted This vie~ certainly deserves
consideration II has found no ! this chamber
Now u Is view against whicn, N mistake not.
every member IN tins body on both sides, save two
stands on his oath recorded repeat, has found no
! suggestion Ia which should listen because be-
yond these walls the thought has been expressed by
those whose words aud reflections not lightly 10
he u. .sscd by. The doctrine OF Implication. t
stands unchaDsaby IN The law, may thus be stated
Wherever power 20 do athng permission Is I'm
Whatever essential the fan enjoymen
s,s '''ns granted Is implied Or inferred 80 be granted
Life is full OF illustrations OF this species OF intend
ment \ spot OF grounu Is granted IA the midst 0!
great field l. Is Implied that grantee has granted
to hun also right 10 pass over the intervening ground
to get 70 his. When the conatiiutou provides that
Congress may coin money, may borrow money may
establish post Offices ami post roads the power Is im
Piled 70 use .n. ways and means ana .ecorainsy 10
estate the States where post Offices may be built
That is the doctrine OF impieatoh as declared by tho
old supreme Court with Marshall at It's head, IN Nc
Culioch VS.. Maryland. Watson vs. the Cty Of Charles
ton and IN many noted cases since
When the CONSTITUTION authorizes the President, on
the call OF the Governor Legislature to send troops
upon the happening oi u certain contingency, Il im
pnes tho power Ia him 10 inquire and deter
whether that contingency has arisen. SO SAID The
Supreme Court IN the case of Mott 81 Martin. What
ever is conveniently conclusive to the execution oi
granted power may INFERRED but the terminus and
boundaries Of the doctrine OF implication are as ccr
tain AZ anything IN law can be
Mr. lrcsdcnI when tho ac. when is expressly au-
thoriz ID has been Performed, when everything aux
AIRY 10 that act has been done there is a end Of mpl
cation and the end ., the whoiv mater 1t the cnd
vi law as is III reason, and IN reason an IMPLIED
power mus. be subordinate 10 and involved m
something beyond expressly authorized. Express
power never implie, power 10 do ahy:nug whatever
| after the thing authcr,zed has been competed Ex.
press Nihorty 10 do act 0l one spec.cs does
work by Implication authority to do ACT OF another
species The auIhory to do ministerial act does NOT
mel v In
custodian OF papers does not imply power u cxercls1
transcenden acts Of sovereignty tor supreme and at-
| mate pubic determination. \ clerk OF "a court the
chief justice uf court Is made by Jaw Tho recipient ol
papers 1t is directed that they shall be sent under
seal him aud that he shalt retain them until u day
whom court Is IN session and carry them into
and open them and. and open r. a.! OF them lhen
thereof shall DO passed upon" or .rhe
facts found whereof they are cvidcntlal," or
icctuated." Would It occur any that such
that the Clerk OF the Court alone
papers or to lind OF when they werc cvden-
llu, or to approve or disapprOvcf
Let me change the Illustration. Suppose the
tents OF the packet, IN the instance suggested,
summonscs or warrants ana tho SheriI' was made Tho
custodian" o and ,Do the a~ so0r Declared TAR" that he
these writs snail then be served. F" How
should We know who was 10 serve them The appro-
priatcness OF the Sheriff would sugges. him but IL
would only suggest him. Thnt Is not the REASON
would know that the Shcrn was to do 1t because The
law declares that the Snern shal serve all such
unless he Is Interested party, and then thc law
carrs somebody else shall H. But suppose, in this
Instance Vi warrants or writs, the statute declared
the validity Of tho writ shall then DO passed
upou although the custodian be the shoriif snoulu
We suppose that the Sheriff was do IL? We should
know that the court was to do It, whyY Because Il
judicial and the law declares that judcial functions
pertain to The court
Mr.. President. apply that rulc to the bcorc u.s.
We know tho nature OF the possible inquiries involved
10 conduct them NV distinguished friend from, WIS
consin tMr. Howc) has panied US by his absence Tor
weeks because depuled by the Senate in u distant
| Stnto nnv llnP Inv uslv hp hna hael con.
ducting them. shall have occasion TO show, II l DO
weary tho patience o tho Senate that the trainers
OF the constitution wcll knew and Rravey p0ndcred
tho problems which would arise Tor solution, My
present inquiry whether the President OF The
questions OF fact, Is SO endowed with facilities
for solving problems like this, that reason
The person having tho largest number OF vo,es-oi
valid legal votes be II majority, Is 10 be the presi-
dent The question Is, Who shall NIL the Office vi Pres
idents The constitution has named, as l said. at
least i've cases IN which, although majority O: votes
rresdcntunless he be native born citizen; psr-
shall I'LL the Office Of President unless he has
es aye shall al vs tho na oes sry
ident unless he has been fourteen years resident o
the country no person shall n'l the office OF President
chosen by the OF electors who voted also foI
another person tho State Tor Vice President
no person shall III tho oico OF President VINO, havn:
has been branded by the votes OF twvthrds uf This
body and mmutably disqualified.
} POWERS TO M ExEacIsED AND ny WHOM.
These questions may arise. Higher questions may
arise Has the President OF the Senate tho power
send for persons and papers, 10 swear Witnesses tt
! witnesses II they will not give them upi
Who has that powerY Who had It when III.
body who iam,arly. IN the two honisphore:s res
had welded such power? Yes sir. the British Par
Lament tor ages nad been tho power to Judge Of the
State Legislatures on this Continent had done tho
thing II had been customary Ior the lords and CON-
TO assemble In JOINT conference, and their rule.
OF sixteen hundred and odd forget the year
stand, bclievc yet. So. after our constit ution
adjusted, II was customary for tho senate and
4 Houxe to meet together 10 receive the Mess ace
o or speech OF the President OF tho United states
The two houses Of Sta.c Legislatures assembled to
gether; they do oday famlIarly, not only TO cleo
regents Of universities, not only 10 cnoosc Senators II
Congress, but opened, canvass. ascertain
10 determine coun, OF votes and the results o
j. elections. The honorable Senator from OHIO (Mr
IS memory. IN which, II wrong hopc he will corrcc
me- Ny recollection Is that Ms carry us 1902 the State
oi ohio had IN Us fundamental law the very words o
4 constitution: -"lhc presiding oliccr shall opel
the certificates 10 the presence OF tho two houses
t the votes shall then be counted" Is that ~
|. Mr. THuRMAN-Prttty nearly.
I sir CoSKLiNG-In substance; and ask the Senate
! from OHIO II aui wrong IN saying iha
at that carly day, and always during The man
tcnancc OF that constitution, II was the settled and
contested understanding tnat the presiding oIice
houses OF the Lcgslau together proceeded To coun
| o canvass the votes Am right Ia tnutg
j Mr. TmugMAx-lhat is right ms To the Governor.
Mr. EpxrXDs--Tho Chief Magistrate
4 Mr.. CoSKrLNG--Tho Cher Magistrate Of the State
v ana the Senator reminds mo tha, was unprec.sc
!, stating the officers to whom this provision appliei
Indeed supposed It to apply to all State Officers
ask then whether the men who npoycd tho words
= sand the votes shall then counted knew OF ribuna
a or body having powers and faculties adequate 10 I'll
|. ! conduct of such u procecdlngy
COUNT.
J., II has been said that the count is nero addition
UNITS therefore, that no aid Is necessary except
4. mon honesty and common sense do n.t uhders an
4 the word to be so employed Ia the constitution
q count may bo of different kinds. To count my finger
Is "a ministerial act and very simple To count pill
J. U papers ministerial ACT To count bank notes
4 which there may be countcrfcits and separate tn
J. true from the false Is more than ministerial sc
IL requires judgment II involves faculty. TO "opc
l. a tho certificates Is Ministerial act. AS my hon
IS orablc Trend from Vermont Mr. Ednunds suggests
Il as porter might open bale OF goods, II
purely ministerial act But to count tho votes
n ihinG Mhxy s.Ali ihc ccriiicaica,l u d