Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-01-17

elther as 10 u chOice OF electors or III
to qualifications of officials voted for
there is n case for judicial and moi
ministerial action. The guarantees o
the Constitution, if violated, may b,
inquired of in the same manner If
for instance, State by its statutes OF
through its returning boards refuses
by reason Of bis color TO certify that 0
colored elcctor who had n majority
was chosen, could not the tribunal "a
count the vote make the proper inqui
ry and correct the wrong? Or II q
State has by its laws undertaken so ia
constitute its election tribunals as "a
nullify the provisions Of the Consiitu-
ton guaranteeing privileges and i'm
munities TO citizens of the United
States, is their to be no remedy Must
the vote still be counted2 Or if the
State sends one return and in its trans.
mission to the President OF the Senate
another and different one is substltu-
ted, must the latter be counted2 Or
il between the act of the people in vo-
ting and the opening OF the return by
the President of the Senate there is in
terposed under State law n tribunal
without responsibility TO any power
and above judicial control, which, vio-
lating the guarantees OF the Constitu-
tion, deprives the man chosen OF bis
place as eleclor and substitutes another
in his room; or, if plain mistake or
palpable fraud be shown TO exist in
the paper upon which the tribunal is
called 10 act; is there slill no power
to inquire and decidc2 Such an Or
ganization would be constituted TO nnl.
lily the popular will, and not to ascer.
tain and declare IT,
The power to count the vote is given
in express terms. II Congress has this
power il rs to judge Of the means proper
to reach the end sought. Those means
are to be Legitimate and necessary TO
that end, and must be necessarily i'm.
piled from the character of the power
conferred All of these instances in
my view imply the necessity for other
and higher power than mere minis.
terial action. The enactment of an
act Of Congress might be, and proba.
bly, is, ust means to simplify the
manner Of reaching the end sought !;
but there is no act of Congress that
can be drawn that will cover every
case that may arise, and relieve the
tribunal vested with power to count
the vote from necessity for the cxer.
else of its judgement and discretion in
such contingency as is now upon us.
Our safety now consists in the patriot.
ism, sense Of justice, and obedience to
law Of the two Houses and of the peo-
pie.
The two Houses of Congress are
vested by the Constitution with the
power of judging of the necessity and
means to be used in several instances.
fhcy may admit new States. Con.
gress alone can Judge of the fitness of
the State or of the character of its con
stitution. 1t may deliberate and Judge,
reject or admit. The writ of hdbeas
corpus may 10 suspended. Congress
must Judge when "in cases OF rebellion
or invasion the public SAFETY demands
it, 1t may deliberate and Judge, sus-
pend or refuse to suspend.
Upon this suhject cannot do better
than TO quote in ertenso the language
of Hon. John Sergeant, one Of Penn
syIvania's post gifted juiists, in the
Missouri case in 1920.
I have aid that It Is derpgatory to the author
ity Of congress and wholly inconsistent with the
,cno. Of its IDEAS and capacities 10 suppose that
h ~ merely to perform the humble ministerial
office Of opening the door, upon demand, for the
admission Of State, without any discretion what.
ever. No instance can be found where the Con-
stituiion has assigned to the legislative power the
performance Of such duty. Thus construed II
Is not power at ALL The eases that have been
put are 10 no respect analogous. The power Of
Congress, upon the death Of the President and
Vice President, to declare what officer shall act
as President of the United states l. very high
power. involved In its exercise much discretion,
a discretion Commensurate with various and i'm
portant trust. conhded to the Chief Magistrate.
II can with no proprioty be said to be minis
terial, and lis being deposited with Congre IS Is
the strongest proof OF the confidence reposcd IN
tnAt OuuN. Inc ounce uI cunning the UhliulN
upon the election Of President and Vice President
simple as is may seem, aud easy as In ordinary
cases IL IL, Is nevertheless an Office Of important
trust, and including some judicial discretion, as
well rs q most serious responsibility. IL isa ht
Office to be executed by the highest body Ia the
nation. Tie power Of impeaebmcn u not min
istcrial but Judicial power, aad i b-longs not
TO Congress, but to single branch. The same
remark applies with equal force, to the right
which each branch possesses Of judging OF the
election and returns Of It's momoers, judicial
power, incident to every body composed Of cleo
tive delegates and Que Of It's inherent privileges
In all these cases, however, II may no, be aniss to
observe that the Constitution gives ouly the prn-
cipal power. rhe incidental powers, such as send
ing for person. an papers, eaiorciug the attend
ancc If witnesses. aud the like, are implied IRON
the principal grant
The fourth proposition, which is;
"rhe power to count the electoral vote
is in the two Houses Of Congress act
ing concurrently us independent bod.
les" may be sustained by three classes
ci arguments; those drawn from the
structure of the Government, those
drawn from the words of the Consli-
tuition, and those drawn from tho pre-
ccdenis The two Houses are the
best fitted to perform this duty, for
they have local knowledge which be-
comes valuable for protection of the
returns from wrong and fraud. The
duty 20 be performed is high and
important one. IL is the recording of
the popular will. Without its perform
ancc the government would stop and
anarchy ensuc. To the Congress are
given all Of the great powers OF the
Government. II can make laws, dc
clare war, tax the people, and raise
armies and navies. To the Vice Presi.
dent, as President Of the Senate, the
Constitution denies vote in the body
over which he prcsides. Which is the
more likely dcpositary of such power?
The votes TO he counted are those for
President and Vice President. In the
event OF n failure to elect the former
the House is given exclusive power to
choose. On a failure to elect the lat
ter the Senate elects n Vice President.
Soch extraordinary powers given in
contingency which may arise demon
stratcs that the two bodies were to-
gether to ascertain the popular result,
then to act separately # the necessity
arose.
The two Houses arc equal in power
article !, section l.)
Congress determines the time Of
Il tto al..t t..ra a,I tla t... n.