, 1877-01-08

- AfAA$ ASAo4SA|4AA
oral vote Ia vested where the Constitution
| plninty indicatca.-with the President Of the
Senate; and that III tie exercise thereof his
functions arc purely clerical and ministerial,
restricted to The simple tlnty Of computing
mud aggrcgating tbs votea received by each
| candidate, and declaring the rcsnlt"
In nnwer to tho objection that this would
lcavo no power 10 exclude or reject fa1ss or
srnrions certificates he states TINT ministerial
functions require Information to 10 intclli-
gently performed, snd Tint tho President Of
tho scnato must hnve 1rima .f,tis evidence
(1) That the Legislature had directed the 1nan-
nor of appointing Electors; (e) that The
Electors had been appointed in this manner
(3) that they havs performed tho duties;
~ that The certificates are the records Of their
proceedings. Judge WEsT, however, argues
TINT there IL authority and Jurisdiction
lodged in anothcr tribunal to ju<licin1ly In
qnire concerning all nntocedent facts upon
which depends tile validity OF tho vote to bo
counted, md to Instruct, control, aud direct
the ministerial function Of the President Of
the Senate in regard to possible fnlsc, fra,1d-
n!ent. or spurious votes that may l,ave been
obtrudcd upon lin, md ,aon which Ills mere
ministerial power il incompetent to pass
correcting Judgment. Ife thinks that such
powor md jurisdiction is delegated to tho
Judiciary. 11o claims that Presidential
Electors arc Federal officers, and he then
proceeds:
When tho returns Of an Electoral College, al.
legged to l1nvo hcen thus c0rrupt1Y and nnconsti-
tnl'onally appointed, as tho opposing returns Of
rlsatCo]icgcs are presented to the President Of
tho Senate, he mnst receive Or decline to receive
them. Assume that he declines them, Of one
set Of them. IN 1t not thcn competent 10 an-
ply to the proper Federal Court for mandatory
order compelling him 10 receive and count rueh Of
them ~ nre teuc and genuine returns of 1egnl1y-
appointed Electors; or II he shall have received
them, IL II not competent to out restraining
order compelling him to reject such a. may 10
shown not 10 e tho genuine rcturna Of legal Elect
ora! In either casc would mt the dnor u tnqnry
ho thrown orcn sufficiently Wide to rcuch back anu
scrnsinlzo the nntccrdcnt facts and influences
Affecting tbs validity and leRa'ity nE their appo!n&-
mcnt. In like manner as the judicial inquiry bY
each House o! Congress touching tho elections TO-
turns, md qualifications Of tts own nelnbcra gives
1t }urfaa!Ctton over such antccctent facts, with
this difference. however, that the Inquiry wonld
be subject not 10 Influences Ut personal RMbltton.
the uncontrolled dtnctctlon Of partisan resent
mcns. bnt to the strict and orderly rules ot judi
clal iuvcstisatloni
Judge SwAN takes the ground that the
Constitution means that to "count" tho
vote il TO nsccrtain By enumeration who has
the minority Of tho votca oil ready to count;
that the object Of the count ia to ascertain
tho majority, not to revlse, contest, or rojoct
potn 10 Ala.
whoae duty 1t is to count into tribunal to
contest tho election Of an Eloctor, md Thus
dfsfranchise State. lie denies tho legality
or the justice Of tho two Houses OF Congress
converting themselves into u Returning
Doard.
We givo our readers tho benefit Of tho rea-
soning of these two legal gentlemen, and
wish to express our hearty concurrence In
MI thoy have said In denouncing the impro-
prioty Of recognizing, under any circum-
stances, tho right or power OF any one
1Iouso Of Congress- exercising veto upon
the election Of q President Of the United
statea. Tho great peril to tho American
Constitution is now, atl.1 has ever becn, tho
graspIng OF now and dangerous powers. It
IL most violent stretch OF powor, and only
sanctioned by precedents adopted when no
resulta wero at stake, for Congress by law
10 regulate and govern tho counting
OF tho Presidential votes. But to as-
sume OF admit that either House
may, by Tho objection Of mere minority,
ro}cct tho vote Of Auy Btate, and thereby de-
feat tho election OF tho majority caudidato
aud sccuru tho election Of tho minority can
lidato, or 10 lotoat tho election as to oc-
casion an election by tho Honso Of Ilopre-
soutatires, IN to nssuro a powor which the
Constitution expressly aimsd to prohibit.
Should mn election bo accomplished In 1877
by such mcauH, thon NIL future cloctious will
10 determined by Congress, and tho popular
election OF Presidential Electors will DO a
miserable farce. Thenccforth Presidents
will 10 elected oycry fourth ynar by the
majority ot aAe members Of tho House OF
Representatives chosen two ycars previously.
Tho Electoral College will sink into useless,
and nonscnsical, aud powerless p!eco Of
political machinery, while tho ,uolnbsr. OF
Congress, who llayc alrea1y graspsd the civil
service Byatom, will then naku the President,
without tho least reference to tho popular
vote or tho popular will.
To-DAY'B DEMOCRATIC CONVENTIONS.