Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-02
. THE; ELECTORAL BILL.


reIefreQ 10 the laws OF the various states,
and Showed that 81 of the 3S provided that
tho executive officer of the Government
should count and declare the votes fof State
Gihcers, and in these 81 States this was held
to be an eSecutjveact. He cited case in
Ohio W here the election >of Governor de-
| pended upon tho vote of disputed county.
Wncn tic vote came to be counted, the
| Lieutenant Governor, being President OF
the Senate, reached down. took the votes
from the hands of the tellers. counted them,
| and declared the result When the circle
OF States Is called, and the voice Of the
| people ascertained, there is nothing lett
but sum in arithmetic. The trainers
oil the Constitution designed. in Great
ing tho Electoral College, to make a
President, and made the machinery
to produce the result. Congress may do
many things, but it cannot ergraft judi
ciary system upon the word count" or
build upon it Star Chamber Ii the work
OF the Nice-President ends with the word
count" the presence of tho two Houses
ends then The adoption Of the pending
bill, he believed, would overturn the pyra-
mid created by the Constitution and stand
1t upon its apex. 1t authorizes the commits
sion to 90 down to the election returns,
and vests it with authority to consider
all manner OF reports. Ii makes it the duty
OF the President of the Senate to invite OBJ
JectiCns TO returns, and leaves it in the
power OF the two Houses to throw out
the vote OF any State, no matter how reg
ularly ITS vote may have been cast. Under
the third section he showed that certificates
might be fabricated by any body and sent to
the President of the Senate, and such fab
ricated certificates would form the basis of
an objection which would turn that State
over to an irresponsible commission.
Mr.. Morriii supports the Measure = .
Choice of EviIs.
Mr.. Morrill,, Of Vermont ION Wednesday
night. said that whoever contributed to
rescue his country from peril, whether real
or imaginary, deserved well of the country,
and would receive her plaudits. The
remedy proposed was for that which had
long been held as weak point in the prac-
tical workings of our form of government.
Most OF the Senators of both parties were
committed to the necessity of some legisa-
ton on this subject. uo was one of those
who believed Hayes and Wheeler legally
elected. He spoke of the objections to the
bill, and said that too much had been sur
rendered to the Democratic party. 1t gave
that party chance where it was not en-
mission assumes that fourteen fifteenths
Of it will be partisan, and both parties base
their hopes on the uncertain one. fifteenth.
lie thought. if the case were to be sub
mitted To any tribunal. it should be to tine
entire Supreme Court. Instead of this,
there Was geographical selection of four
Judges, according to their political afhni-
ties, and a fifth, who is the great unknown.
Something more was required than a mere
expedient to bridge over the presen. emer-
gency. y measure of broader scope should
have been provided, applicable not merely
to next month, but to the coming century
or all time.
Notwithstanding these objections, he was
inclined to support the bill. as without it
we were in danger Of drifting without pilot
| or rudder. lie referred to the fact that, last
March. only three Republicans and four
Democratic Senators voted for an amend
ment declaring that, IN case of disagree
ment between the two Houses, the Vice
President had the right to count the cleo
toral votes. Therefore. as no remedy was
provided Tor the probable impending dis
agreement, ard AZ this measure had been
framed by so able Il committee of both
Houses, and as mari!Cstly no other measure
.or the settlom' ~ "f tie difficulty could now
be expected, Lv i..: cUEslained to give il
his vote.
Ma BIsINKs POSITION
Mr.. Blaine. OF Maine, spoke against the
measure. He didn't believe Congress pos
sesse1 the powers which it was proposed to
transfer to the commission, and urged
upon Congress to prepare. at the pres
cnt session, and submit 10 an expectant
people, constitutional amendment which
would relieve the country in the iuture
from similar difficulties.
Speech OF Hon. George r. Hoar
Mr.. IIoar said Three considerations
make me deem it incredible that the trainers
of the Constitution or the people who ac-
ccpted it ever meant or could mean to en-
trust the power Of deciding these vast ques-
tions to the President Of the Senate, subject
to no control of the two Houses of Congress
or OF the law-making power: First, they
were generation of men that dreaded above
all other things the usurpation of executive
power. Second, they expected that the
President of the Senate would ordinarily be
one OF the candidates whose claim to the
Office was to be decided. They provided that
two persons should be voted for for Presi-
dent, of whom TINT one having the second
highest number of votes was to become Vice
President and President OF the Senate. The
President of the Senate. therefore, must
within four years have been leading candi-
date for the Presidency of the United States.
Their habit of continuing the same persons
in public station doubtless led them to an
ticipate that he would be leading candi-
date for the succession, as has happened
when Adams succeeded Washington, when
Jefferson succeeded Adams when Van Buren,
succeeded jackson. and in many cases Of un-
successful competition. The same sugges-
tions apply to all eases where the Vice
President is candidate for reelection As
in Great Britain. from which our institu-
tons were derived, Parliamen. for centuries
has regulated the inheritance to the crown
and determined all questions of right to the
succession, so in every American State in ex-
iStence when the Constitution OF the United
States was adopted, the Legislature at that
time within itself elected the Governor, or
counted the votes Of the people and deter
mined all disputes a. to the popular choice
AS the Vicc-President, says Alexander
Hamilton, 'may occasionally be u substitute
for the President, all the reasons which
recommend the mode of election prescribed
for the one apply with great, if not equal
force, to the manner Of appointing the
other"
There are three other theories, with none
of which is this bill in conflict. First, that
the President OF the Senate must count the
vote, in the absence OF concurrent action by
the two Houses or of other provision by the
law-making power; second, that, under the
power expressly conferred by the Constitu-
tion upon Congress to make all laws which
shall be necessary and proper Tor carrying
into execution the foregoing powers and all
other powers vested by this Constitution in
the Government of the United States or in
any department or officer thereof, the law
making power may provide method OF
counting the vote third, that the power Of
counting the vote is vested by the Consttu-
tion in the two Houses voting separately.
| admit that those persons who believe
that the Constitution requires the President
of the Senate in all cases to perform that
Office must deem this bill unconstitutional.
| do not expect the votes of such persons tor
the bill, unless they think that the recent
almost unanimous ncqulescence OF the Sen.
ate and House in different construction
supported by current of great authorities,
including John Marshall, Daniel Webster
and Abraham Lincoln, may induce them to
trent the question NJ concluded, or, ut least,
50 far to weld their individual Judgment a.
to deal with it aS one OF doubt.
The two Houses of Congress are the tribu-
nal which, according to this bill, Is to exc
cute this grave authority. If they have 1t
hy the Constitution, IL il left undlsturbed.
Ii it needs the forces of the law-making
power To confer it tins bill conters it. The
only case when any other aid comes IN Is
when the two members of which the hnal
tribunal Is composed differ in their Judg-
ment Certainly it ~ within the law-mak-
ing power 10 provide what shall happen
when the members Ol Constitutional trlbu-
nal composed of even members are evenly
divided IN Judgment. We may surely pro-
vide by law thai, If the Supreme Court.
composed ol six or ten members, be equally
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