The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-10
MORE THINGS "AGREFDu To

The New York Tribune, in its "PoliticaI
" notes"-tha. most excellent place from
which to steal elegantly written editorials
gal gentlemen, that tho constitution does
not specifically provide for the complica.
tons now existing relative to the president
ill election that there is 'an almost unan-
"imous agreement that the only solution
of the question is the adoption of some
measure mot specifically directed or pro-
vided for in the constitution !" and that
off this is not done'-tha. is, if some
measure, not provided for in the constitu-
ton, is not adopted, ald the question
solved regardless of the powers granted or
prohibited by the constitution-'the only
" solution is a new election, which, what
ever clse may be said Of it, would be
" strictly constitutional
Ii may he true, in one sense, that there
i5 no explicit provision in the constitution
exactly covering and providing for all
the complications of the present emer-
"gcncy'; but it is true, only in the sense,
'ha. there Is M ''eXplicit provision" for
laying and collecting taxes, imposts and
duties Tor %b,froTing money; regulating
commences coming money! establishing
POSSIBILITIES and post roads; establishing
counts or other tribunals inferior to the su-
prema court; declaring aad carrying on
war Tor the rendition OF fugitives from
justice for providing and maintaining q
navy; and q hundred otler things which
might be mentioned. The constitution
simply gives power to congress to do these
things, aud "tO make all laws which shall
- be necessary and proper for the carrying
" into execution of these Towers. Not
with5Jaading that congress has the power
10 do all these things, legislation is neces.
sary TO make them effective. Money can
no. be coined without legislation, neither
can taxes, imposts or duties be levied and
collected, or any Of the other things be
done without legislation.
So it is that while tue constitution docs
not, in one sense, contain an "explicit pro-
q" vision covering all the complications of
the present emergency, yet it IS not true
that the only solution of the question is the
adoption OF some measure not authorized
by the constitutiou. The constitution de-
clares and the provision is contained in
the original instrument and was r~e-adopled
in the twelfth amcudment-tbat Tho
. president of the senate shall, in presence
" OF the senate and house of representa-
" tiyes, open all the certificates and the
" votes shah then be counted" The con-
stltu.ou leaves the matter here, not declar-
aug how or by whom the votes shall be
counted; but it does provide that congress
shall have power to make all laws which
shall be necessary and proper for the car
rying into execution all powers vested by
The constitution in the government Of the
United States, or in any department, or Of
Seer thereof. And the power of congress,
under this clause, to l~egisla,e and provide
by law how and by whom the electoral
votes shall be counted has never been de-
nIed or even questioned. Those who have
claimed that the president Of the senate
should count the votes, have SO claimed
Only on the contingency that there should
be no legislation upon the subjec', and have
as freely conceded thai it was not only the
right, but the duty Of congress so to lepis.
late.
Moreover, it is not by any means certain
that congress has not the power, under
The constitution, to create a tribunal out
s'de OF itself for counting the electoral
yo'e' aad determining all questions relative
thereto The certificates must be opened
ny 'ne president of the senate, in tie pres