, 1877-02-01
Some Suggestions Regarding the Count.
ing Of the Electoral Vote.
The Joint Commission Cannot Go
Behind the Legal Returns.
An Interesting Letter from the Hon,
James P. Boot,
To ihs Ettso~ sf TAs Tribune,

ltepuul1can5 caHhet obJect. But when Oregon
Is reached the Democrats Will propose the same
rule, md insist that the returns with the Cor
crnor's certificate Is the only rorrett one.
The true answer to this proposition, Il seems
tn Inc, Is, that tho Commission Ii Caf,vaasing
Board: that Congress could be nothing more ;
that !! is not competent 10 confer upon this
t:ou has conferred on the two llpusca ;
that 4 lms not dono - by the
art: that. being d tanvass!ng Board, It /. guy.
eIenc1 " tic laws a:rl principles lnt isient 10
turns: that It can only decide which arc tie
proper returns, ud t!'cn proceed to count; that
II VIII il!ii that The canvas. was male br tic
fToIe,5 loaId Il! fl.'r!a, South Carotna MD
"utsaf.t ae'or.ia1IE t. The laws uf tlu,e Stntcs;
that In Orc.aH the tjovernur Is not one Of the
canva.sets, and has nothing to tiu with it, a.
sebt 70 he present, bvt tlnt the Secretary Uf
state Is the sole canyasseT-ihc Governor Sim
p'J being present; ia; III: Secretary Of s,nte
q tic Guycrnor, and tia. hc found it,at tic
three Hayes Electors were elected; that Cruult1
WA not elected; that the tioyernor hnl 10
{"iicial power: Tint tho Legislature of Drrgnn
had provided fur tho appointment Of ELECTORS
by a vote Of the people, and lad determined
how the fact should bc a1ccrtatned, VIZ; hy tl,e
eahTass OF tie Secretary Of State; that he d!!
aseertatn; that IN Louisiana the Legislature
provided for GoaTl; il!at this l'oard asccr-
that the Boanl had power to ASCERTAIN III tho
manner they did.
Iii true the act Of Congress pror!lcs for
certificate ~ lie Governor, but suppose It did
not, wot,ll alter the faett-tliat tv facts were
aserrtaIncA III the manner provided hr tic juws
q Louisiana and Oregon rcspertvclyi Can
Congress, hr awkward ur fmpgovitlcnt lcgisla-
ttoll, prevent the cleetlon or change the fact.
II tbe ia,a that tle Electors we're appointed aud
the result ascertatnc provided by the lars of
those Htas:s. can Congress cahge the evidence
of the fart by requiring an impo.eihlr certificate
Or ~ rccngniztnga false onet Tic Secretary nf
state pt !)rrRolI wls all otiiccr of the election,
because lie was charged with duty CONNECTED
Herewith. te-w!t: an asccrtaIninent Of The re.
suit, hut tue GArcrnnr was not all oicer NJ tho
election. See United States 70. Clayton, Nc
Grcary Laws Of Elections, Sec. o.; American
Law Register, Vol. 10, page 77..5
But II 1t IL insisted that the Commission Is
something more than Il tacre Contrasting Boas.l,
and therefore tan 20 behind tho returns, il1r,l
tue question! ari:cs, How lar bel,iudt What
could the President Of the Senate, The two
mlicc whether the Electors had been appointed
III the manner provided by those States re-
spcctiTelys Tie manner Of appointment eu.
hrarss a1s the sttn. NECESSARY tD ascertain tho
result, which IS nothing .nure or less than tho
until tue Doar'l, wliIcl, IL 10th Canvashtng aud
tontesing Board, f:t* completed It's lal,ors; and
~ orc.on the manner Is completed when
The Secretary has esuyasscd aud then
contest i provided for fA't i" That '0s sta's' no
ullt| Fl, the inal eanvassers, whether they be lie
pfrstleut Of the sr1iute, the two Houses, or tho
Gotnnll*sson ean only inquire ii to whether tlc
Electors WIRE appointed FL The manner provided
The ccrtiiiratc Of the Governor Is 10 part OF
the manner. The act creating tile Commission
refers tu them I'LL pAhcrs, rcrt fteatrs, and re-
turns. .tinoug them is tic certificate Of tie
tHfn -,
nllt vas not elected. I'll. act authorizes them
y consider this certificate; 1t uaY treat II Us cy-
t}rnrc n,nl entirely disregard tie certificate Of
the Governor. 1t may consider that the present
quircs the Guvernor'a certificate.
Ol!nar1lya Contrasting lso.rl Inav decide
whether the returns nrc III due iorn. and t,1y-
luz. Ioilc t4, 1ts only duty Is to t,lilt III surb
case tic lizard is to determine whether the re-
turns are 1T dnc form VI law, hut cannot gu be-
hind them. The present act changes the rule
only to the cxtcnt that the returns ,lcrI not be
In the exact fuFm hitherto required. to-wit:
with the ctstifAtc Of thc tioycrnur; hut. having
determined that the returns show that the Elc4t-
or* WIRE III f:trt aps,fntcti In the manner pro-
ylar by thu Legislature, rs business III then II
count, .r rather 10 decide how they should be
counted.
The certificate Of the Secretary Ii, Oregon Is,
tint state, absolute ryhic'scc oi the canvass, aud
no contest las Teen nr cul be had by the laws
nf bregon. The certificate Of the Canvas sins
l3"lr'l-it heinz botha rctur1'ul. and ra:ly..ss-
li!E unc-in Louisiana, Fluri,iu, unA South Car
t,i'na, Is conclusive and li.al, hrcn,hr in those
stLtes 1t Is tnalc so by law. Thrrc ean br 10
contest If The rcrtitn VI Elesturs exrcft in thu
State, for IL Congress could interfere and pst,-
vile for contest. It wluitl thereby ovcrrt,l, tho
proceedings III ullscrs And tribunals established
hy state Legislatures, and then the u,oslu u!
appointment wnulA lh ntrrfercu.
~ Kentucky TIE tmtnlr u! voting is viva yoce,
NH! the fact ID 10 Electors wcrc VOTED fur; but
Will Democrats atml, that the Commission clt,
~ l,ehlnl tht certificate Of The officers or iuarl
n.ltfloEIxca!b by tlle la%t III Kentucky tu CANVASS
thu returns for EIertulst
Mr. Conkllng saA III his spcceh that he did
nut think that tEt fr..niers Ut tic Constitution
rusint the vote; anu that ii they had So intended
two small wur.ls would 'layc fixed 1t. lie I,tuk-
ably meant "by hiII," ~ that It would read,
"alhl the vote shall tlr. h. rollntct! ~ him"
SuppOrr tllesc words Wtre tn, can IL he
clals!c.! thas any ouc else would l4.sr The
puwrrs Certainly nut. Then what would bc
Ills dutyf Why, sinply aS i cauy.lseing-ollsrcr,
70 asecrtntn which WIS Tic rtrrect rclurs, nnl
tIeu count It., S"%, wflat Is .,'rrcct rcturni
sian!lcrtly thai which Ahows the election OF
Electors IN The nlanntr provided by the l+cEis-
laturc Of the State, ~ PROVIDED by the Cunstt-
tutfuh, and he you'll not tt b0uut to take
false return betausc 1t WIS sisucd by uoyeEn-
or pursuant to MI aet of Congress. 1t
would he sufficient f.r him to know that the
returns were evidenced BY tho certificate If tic
officer autt!nrizrl t,y the Legislature Ut the
State to ascertain nllu declare the fact.
This would bt giving "(1,ll faith md credits
within thu ncaning Of tic Constitution, nor
could Congress prescribe any rnio to tho con-
trarf.
Nov, suppttc the Constitution provided that
The rcturn, ehon!l be oIpslcI ail shou!d hr
then counted by the Two lIsl,lses I'll Congress;
he twn ll"scs would l,use 10 more power than
wn!!a the President vi the senute In the aul,~
posed ease. They would eeupyplcclscly the sat,ic
!a'sltiol.. II the power were thus III the two
Fd"tlsts by the Constitution, 1t could nut ho
transferred ut Ali to Commission, ntl Tie only
d1reicnsc OF authority nov l. that the two |
Houses anh tho President Ut the sruatu may
lequcsec tn the iinltH. Of tho Commission, aud
hereby validate the proceedings. hut II woull
% wonderful stretch Of puwcr to nssuIuv
Int, u thu Constitution nuw reals, thu
Pfcshlcit of The Senate, the TWO Houses,
'r the Commission ran exercise judicial |
,owes III the premises, fur, II ills
we're true, thu rigl!ta which thu State |
Legislature has umrr the Constitution would |
,c eutlrcly eontrayrnrd. II the State should |
,roYldc a lnude uf tulI.cst, and contest we're |
@ utenr cycu In the highest tribunal VI the |
state, the uerisluns uf that tribunal cuuiu ba
lretfnltr4. Tie t1Hl ftIlli In, only tvIlrr,. fha