The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-08-18
JEFFERsoE c.; COUNTING TILE ELEC-
T0RAL VOTE.

BCTVc lot T0ItTC0Tp ~ luH ucAL CCDICuulhls
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JEFFERsOg ca COUNTING THE ELEC-
TORAL VOTE.
OF course no discussion as to the method
Of counting the electoral vote is of any i'm
portancc or interest as connected with the
recent presidential election. In the very
terms Of the constitution the certificates
we're opened by the president of the senate,
in the presence OF the senate and house of
representatives assembled for that purpose,
and the votes were then counted In strict
compliance with the letter and spirit of the
law passed by congress a majority Of
whom were democrats, and Rutherford b.
Hayes was declared duly elected president
Of tie United States. His title to that Of
hce Is as incontestable and unquestionable
as is that of Horace Fairbanks to the office
of governor OF Vermont. But the law by
which this result was constitutionally and
legally reached was passed for temporary
purpose, is now without force, and, in
fact, settled none of the questions in con-
troversy at that time.
Just what, and how much, power the
president of the senate, the two houses, or
either house have, in what manner ques-
tions OF disputed elections, ineligibility,
etc., etc., shall be settled still remain open
and must be detarr,inad nil - ~nV.hef
election. Therefore all the light that can
be obtained from the fathers of the repub-
lie is of interest and Importance. There
has been recently brought to light-the
New York World publishes a fac ansik of it
"A memorandum, said TO be in the hand
writing of Thomas jefferson, which is sup
pose 10 have an important bearing on the
question, and to give his views thereon.
The paper or memorandum was discovered
by Miss Sarah Nichols Randolph-daugh-
ter of Thomas Jefferson Randolph, the
grandson and executor of Jefferson
among the papers Of her grandfather,
Wilson Cary Nicholas, an intimate friend of
Jefferson, who was United States senator
from Virginia from 1870 to 1904, aud sub
sequently member of the house. The
document is without date and is as follows:
WHEREAS, On an election of president
or vice president OF the United States ques-
lions may arise whether an elector has
been appointed in such manner as the legis-
lature of his state may have directed
Whether the time at the time at which he
was chosen, and the day on which ne gave
his vote were those determined by con-
gross Whether he were not at the time
senator or representative of the United
States, or held an office of trust or profit
under the United States ? Whether one at
least of the persons he has voted for is an
lnhabitant of a state other than his own ?
Whether the electors voted by ballot and
have signed, certified and transmitted to the
president of the senate list of ali the per-
sons voted for and of the number Of voters
for each ? Whether the persons voted for
are natural born citizens or were citizens of
the United States at the time OF the adoption
Of the constitution, were thirty-hve years
old and had been fourteen years res
ident within the United States. And
the constitution of the United States haV-
Ing directed that ''the president of the
senate shall in the presence of the senate
and house Of representative open all the
certificates, and that the votes shall then
be counted" from which is most reason
ably inferred that they are to be counted
by the members composing the said houses
and brought there for that office, no other
being assigned them, and inferred the moro
reasonably as thereby the constitutional
weight OF each state In the election of those
high officers is exactly preserved in the tri-
bInal Wnlcn is 70 jIjge of its validity, the
number OF senators and representatives
from each state composing the said tribu-
nal beins exactly that Of the electors of the
same state.
Be 10 therefore enacted. etc. THere insert
the former clause. Provided, That the
certificate of the executive Of the state
shall be conclusive evidence that the re-
quisite number of votes has been given for
each elector named by him as such. Here
add all other limitations or the preceding
questions. which may be thought proper |;
stating what the two houses shall not de-
eide
And be ID further enacted, That whenso-
ever the voIo of one or more of the electors
OF any state shall for any cause whatever be
adiudged invalid, 1t shall be lawful for the
senators and representatives of the said
state, either Ia the presence Of the two
houses or separately, and withdrawn from
them to decide by their own votes to which
of the persons voted for by any of the cleo
tors OF their state Cor to what person. the
invalid vote or votes shall be given for
which purpose they shall be allowed the
term of one hour aud no longer, during
which no other certificate shall be opened
or proceeded on.
The document 10, AZ we have said, with