New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-19
GOV. DJX'S VIEWS.
THE ONLY SAFE WY Is FOR TUE PRESIDENT o
rlL.: rL: nLsDLL uis CONSTITUTION

THE SENATE To DISCHARGE HIS CONSTITUTION
Al DUTY.
Ex-Gov Dix has sent 10 THE TRIBUSy copy Of
the following letter. which he has addressed to
Representative Kasson of Iowa:
Nyw-YoRK Saturday. Jan. ~. 1877.
The Hon, JOHy A. KAssON-Mp Dear Sir: since our
Interchange views in regard ~ the ormaly OF count
ing the electoral woes, have given some t0ught 10 te
subject and without much expectation Of saying any
thing which YOU, desire never eses 70 sttte
tine result of my rehectons-especiay eOncr Mug the
action OF the Federal Convention IN framing INC No"'
ON the 4th OF September 1877 the clause providing
for opening tho certificates and counting the votes was
reported % the convention In TINS form - .. ,,o
nn ia Toc. a he then and there counted.
(see pace 1856 81 Vel, Manson PapersJ 100, -,
On the 61h or rue same lnonsh see page l'1VO 'H'
following passage occurs N the journal: ~, ..,a,.
motions the words I'm presence Oi tne Saht
and House Of Representatives. were Inserted aor THO worn
TgrlIG. 10 PAGE .5l3 the clause Is reported thus;
The President Of the senate shall IN the pTT h ors
and AND d the Votes ,S Tl hsn bs coanca Oi
Ttis Is Tho form in when stood and still stands IN the
adopted Constitution Why HE words the presence
Of the aud House OF Representative were IN
serted before and after the wOri cJunlcd as re-
quired by the amcnent does not appear by the Jour
would have read As f1llOws - -, -.s.,
The President q the senate shall open all the eertcaes
and the votes shall te be counted IN The p esece OF the SEN
The hrsI action OF trainers OF the Constitution in
regard this clause that IL NOT contemplated
open the certificates and CONT the votes IN the pres
of the House " Representatives. and tha0 their
nal action only designed To Drug both Draices O
corns t. the Interpretation 81 tho clause ny JUG
Kent Judge story and other eminent public iurlsts and
not ~ confer On them any authority III regard 10 open
Is the certificates and counting tb0 votes
This Interpretation OF the Constitution Is sustained DIV
the action OF the Government during the hrst ~ years
OF existence asia natiUn.
Tho senate tie United States the first session of
Congress elected John Lanylon as its President, for
tho sole purpose OF opening aud the votes Tor
President OK the United states" Tho votes OF the 10
plates which took IN the election wore counted by
him, and II was announced that George Washington was
unanimously elected.
members ~ The houses n tie Hrst CjuGless. IhU
OF Il subscribed 10 the Constitution. and six
present members " the senate when the GER
tcaes opened aDd the votes counted Oy s Presl
dent Thus the conformity 81 the proceeding 10 the Con-
s'itution has NOT only tr sanction Of conerperancous
exposition, hut practical and authoritative iuerprcta
lion OF the OF that instrument by the trainers
From that time uBtil 1929 at each election Of Pres
ideut declaration made by tie senate AT the close
the votes that President the did, the
presence Of senate and House or Representatives
open all the certificates and count all the votes ~ tile
electors for President and ccPresldenL" The only
exception in the election Of ISL, ia which me
declaration does not appear IL the Journal although
The action Of the senate in the first Congress i. thus
sanctioned aud confirmed by the practice Of the Govern
en during the first forty years dfteT the adoption OF
the COnsl tutiCn FROM IN period nc lOriHaIy seems
pliJ Of President tie Senate OF opening the
ilfcates ana delivering them 70 teifers Appointed
by the two houses To examine and ascertain
the number OF votes and report the result To
him, to be declared ~ their presence AT sub
seGuent periods Congress has in several instances
sed decide that the votes OF certain Stttes should
not be counted bat this interrogation 81 auhori had
for ia object determine whether the States lion
were lawfully In the Union when their votes It.
~ i. neyrrbeIess manifest that there has bcen grr
eucroachncnt by Congress the power conferred bT
the Constitution tLo President OF the Senate Al
,ho,,ch # has never been carried 20 far as 70 70
behind me certificates for the purpose Of calling In
question Of the States there enough show
H. tendency under our scm Of government n. under
every other Of representative character, the part ~
1n,ate powers Any Interference with tne rule es-
sboiu ~ the
proplc thrOUg the adoption OF that instrument Is not
prlv d1ugpious ,rIItiOn Of authority but an unwar-
raTtabe lVseiou Of tho sovereignty - the states.
There is prasew rty socitude on the part OF sober
minded citizens or ali parties that there should be
,aace,,1Ie -sue out Of the unhappy complication in
which we are Involved but We must take care that
odr desire accomplish tbs object we do not violate
Fundamental Obligations. | ran Ohy safe way
OFT or existing perpiexty and that Is 10 leave the
President Of the senate 10 discharge, without interior
ece the duty eDjOued Hin The requirements OF the
Constitution are to be sacrediy observed matter
f.ctad All legislative devices, schemes, and
plaus however unexc" ptOnable their purpose which
-rogae from the constitutional power Of thc President
OF he senate unwlrrible and perilOus tho per
petuity OF The Government. IL would be Is great a
Yrong and rs dangerous an lYasOh OF the Constitution
for tho two OF Congress 60 Disregard aside
any its requirements 10y compromise 10 Il would be for
by separate action 20 Stt tnen ~ deuAce have
been amazed To observe mat II has been proposed
icct every electoral which is not approved by the
House 81 Representatives, nave Deeh StiH more
amazed TO observe hat tins proposal Is supported OF he is
correctly gep0rtej BY senator from this state No
tor ar RepTespu tye be eecOr and yet IL is pro
nosed 20 give House ~ Representatives the power
the action or the electoral bodies
Ioilest assumption OF power ever attempted under
Government IL would be virtual ransier OF the cleo
tinr az President the states % branch OF the
Ies,ive body-an assumption 5ubYcrsiye GI the sOver
cfy Of the States ami leading directly 20 anarchy and
lrIr1cq II by the fundamental compact too large r.
nNer has been conferred by its Trainers the President
IF the senate let the De corrected by cOnsCitu
tionaI amendment; and in the mean time let submit
Ike good czens the nnal judgment or the Federal
convention in regard to OF the most delicate ques
tious 1t had to decide.
nave had no apprehension at any time that the exist
in complication would lead 10 deeds Of violence. Public
oriu,on which chectually the popular
movement OF the country than any party devices will
not endure any other than pCaceahle solution. Moth
ir c1n moro clearly manifest the determination OF the
that the public order shall be maintained than the
recant aBOrtive attampt To up meetings, the
nI e,iet OF which would have been nhdme the pas
sinn in exists which every having the good OF the
country al heart desires net spirit of cOncla
tinn ana frbesrance and IN strict Obedience the
Environments Of the fundamental compact. am dear Sir,
very truly yours, JOHN a. DIX