Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-03-01
Secretary Fish on the Electoral
Compromise Bill.

Stutesultus NOW PuOhN NV -
Fish of New York. For many years he
has made study of public affairs, and his
vision Is not limited to the narrow techni-
cal vision of the pettitogger, fault OF too
many of our Congressman and other po-
liiical men. Cautious. conservative, per-
haps little too much inclined to compro-
mise at critical emergencies, he excels in
the patriotism of common sense. his dec
larations generally will be found to rest
on the solid basis of fact, and are not made
without careful investigation. He is un-
derstood to have been the only member OF
Grants Cabinet, who favored the Electo-
raj Bill. In response to letter from Cen
ersl Dix, who maintained the right and
the expediency o.. the counting OF the vote
by the President of the Senate, under the
date of Jan. 23, 1877, Secretary Fish makes
a clear statement of his reasons for favor
ing the Bill. The strongest and best por-
ton of the letter is that showing his full
conviction that the Constitution was de-
signed by its trainers to give the counting
OF the Electoral Vote to the President OF
the Senate The following is his Ian
guage;
II cannot resist the belief that the intent
Of the Constitution was to give to the
President of the Senate the counting, as
we'll as the opening. of the votes of the
Electoral College. 1t provides for the
delivery to that officer of the returns,
who shall. 10 the presence of the Senate
and House of Representatives open all
the certificates, and the votes shall then
be counted II is silent, 1t is true, as TO
who shall count the votes, but 1t is equal
" silent as to direction that the custodian
into whose hands 1t committed the certifi-
Gates shall part with them, or allow any
one but himself TO count them. They are
In his hands. and no person is to take
them out; they are to be opened in the
"presence of the Senate and House of
Representatives, and the votes are then
to be counted. By whomP Who but he
in whose hands they are placed can claim
power under the Constitution to count
what that Constitution has placed in his
hand. without authority to any other per-
son. body or power to receive or to take
them from him to countP
This view of the power of the President
of the Senate TO count, as we'll as to re-
csive and open, the votes for President, is,
think, sustained by the resolution OF the
convention which framed the Constitution,
embodied in their report, dated Sept. II,
1887. signed by Washington, as President
OF the Convention. that after the ratifica-
ton Of the Constitution the Senators and
Representatives should convene. and that
the Senators should appoint President of
the Senate for the purpose of receiving,
opening. and counting the votes for Presi-
dent"
They did not contemplate that Congress,
or either branch of it separately, should
take any part in the count. A President of
the Senate was TO receive. open, and count
the votes. Such was the understanding
and such the recommendation of the franz
ers of the Constitution. Its safe TO believe
that those who framed that instrument
knew what 1t meant, and 1t so chances
that this very provision as to the per-
son who is to count the votes is, perhaps,
the only provision of that instrument TO
which its trainers have given practical
construction by deliberate resolution and
by express recommendation.
The votes given in 1889 were opened
and counted in strict obedience to the Con-
stitution and to the recommendation of
the Convention which framed It," He
then shows that the present difficulty has
grown out of the repeated efforts of Con-
gress to usurp and assert power that does
not belong to it. and makes conclusive
how strongly the trainers of the Consti-
tuition were opposed to placing the cleo
ton of the Presidency in the control of
Congress, except in the failure OF the peo-
pie to make the choice. AS certain per-
sons have very hippantly called the plain
Constitutional right of the President of the
Senate pretence, it would be well for
them to read the opinions of Hamilton
Fish.
To get out of the difficulties which the
various efforts of Congress have tended to
create he favored the present measure
merely as temporary expedient. At the
conclusion of his admirably tempered let.
ter he says;
sin normal condition of affairs, or as a
rule for all time, should not be inclined
to favor the pending measure. l do not
propose to defend il in its details. In the
condition of the country. and in the cir
cumstances which surround and which
threaten US, accept il as the best attaina-
bic means of avoiding serious troubles.
Could prescribe the course of action. |
could find one that would be much more
satisfactory to me than that proposed.
But we cannot always have what we think
best, aud possibly we NAV ourselves be