The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1877-01-04

ETC., to get the expression Of their
opinions upon il. Tue result of thi:
has been the following communica
ton and the publication of the "Leqd
Vielcs." J.P. BISHOP.
CLEVELAND, Dee. -
Hon. J. p. BiSh0D:
DEAR SIR I'VE have read and consIdere.
your Legal Views OF the Presidential Con
in the positions taken. and In Inc con-
illusions at which you arrive.
In view OF the great importance OF the
questions, and 20 aid in their consideration
ana discussion by the public, We recon-
mend that you permit the argument and
opinion 70 De published. Respectfully,
). j. ASDkEws,
n. FOOTE,
JAMES Mason,
] SAMiL 3. PRENTISS
/ BAA'L WILLIANsOS,
| CHAs. E. PESNEwELL.
Having reflected over the Prssiden-
tial election question as it now stands
Dec, 1879, l give the result Of my
reflections, which, though it may not
satisfy others, Is nevertheless salts
factory 70 myself.
CONSTITUTIONAL PROVISIONS REAR
ING ON THE QUESTION.
Inere are only Two.
Article III, section Of the COnstitu-
tiOn of the United States provides
that ''Each State shall appoint in
such manner as the Legislature there
Of msy direct, . number Of Electors
equal to the whole number Of Sena-
tors and Representatives to which
the State may be entitled in the Con-
gress."
Article XII of Amendments pro-
vides that the Electors 'Shall name
in their ballots the person voted for
as President and in distinct ballots
the person voted for as Vics-Presi-
dent. Aud they shall make distinct
lists of all persons voted for as Presi-
dent and of all persons voted for Is
Vice-President and of the number of
votes for each, which list they shall
sign and certify and transmit, sealed,
to the seat OF Government of the
United States, directed to the Presi-
dent of the Senate. The President Of
the Senate shall, in the presence OF
the Senate and House OF Representa-
tives, open all the certificates and the
votes shall then be counted I; the per-
son having the greatest DumberJof
votes for Presidsn shall be tine
President, IL such number b. q ma
jority Of the whole number Of Flee
tors appointed"
My firm and and decided convic-
ton is as follows
las TO ELECTION OF ELECTORS.
The Legislature Of eacl State may
prescribe this. This is the extent of
the Stale legislative power over the
subject. Anything further may be q
good rule TO observe, 8 good formula
to pursue, but it is not binding it
is not imperative. Apply this to the
present emergency. The election
took place under the laws OF the
States as they formerly existed and
now exist. The first question arises ::
How are you to know tOhO are elect
ed or this will remark before
close, promising that as applied to
Oregon the certificate Of the GOVer-
nor as to who are Electors in the face
of the fActs, and especially 10 the face
Of the fact that the Governor is not
the returning officer or eanvessing
board, is nugAtory.
HAS TO RECEIVING BY THE VICE
TIFICATE5 AND COUNTING THE
VOTES.
Under ordinary circumstances there
oo4ld be no difficulty, and the two
Houses may adopt any rule they see
fit. But extraordinary circumstances
require extraordinary measures. AS
during the time OF the ''grest Repub-
lIcan" the Government had to make
ifa nrnaoHanfa fhn
then never having before arisen, so
now In this emergency there is no
precedent.
There are two sets of Electors in one /
or more States Oregon, for example. |
What list shall the YIcs President re- /
oeive, produce, and open ia presence |
OF the Senate and House of R4presen-
Iatives ? Certainly only the regular |
lists snc returns coming to him. Tbs |
returns coming to him from seif-ap- !
pointed Electors, or Electors appoint /
ed without authorities OF law, cannot !
be recognized otherwise ons-hun- |
dred irregular or unauthorized lists !
might as well be produced and opened /
as one irregular or unauthorized list |
Of Electors with the votes given by 4
them.
The President OF the Senate then |
decides th6t he can and will recsiVe I
only the regular returns and lists /
to him, sud these he produces !
and opens as the Constitution pro- /
vides, IN presence Of the Senate and /
House OF Representative.
III.-UoUNTING THE VOTES.
The next and final step under the
is: "And the votes shall |
then be counted" Who shall count /
them Certainly not the House alone.
Not the Senate alone. Not the two |
The Constitution does not |
prescribe this. Not q committee |
elected or appointed by one or both |
Houses. The Constitution does not !
so provide. 1t may then be done in
any manner and by any persons 50 as |
to preserve the evidence of the num- /
Der OF votes each candidate has re- |
ceived. 1t is not needed, so far as |
the Constitution provides, that the |
Senate snail go to the House to count. |
1t may be done in either the Senate /
Chamber or House Of Representa- |
tives.
To obviate objections the Senate
can go to the House /; but the Pa ssi-
dent Of the Senate has the custody of |
the list and returns of the Electoral |
votes. He opens them. In opening |
be can call to his assistance whom |
he pleases. As each list or return is /
opened it may be ascertsined what |
the number of votes is and for whom |
given, and an announcement thereof |
may be made by the Vice President |
as each State is called and the ceTti- |
tieates are opened. This being done |
the final count is made by reviewing |
and adding up the votes of each |
State as already aseertained and an
The declaration is needed as to
who is elected President or Vice Pres
ident. The Constitution fixes and |
preseribes this, to-wit: the one hav-
ing the s'greatest nun Der OF votes for |
shall be the President" etc,
'iif such number be q majority Of the |
whole number OF Electors appointed" )"
The number OF Electoral votes re-
ceived by each candidate being thus
may be announced by the |
President OF the Senate, who, If not |
made by the Constitution, certainly is
by usage under it, the presiding Of
icer at the meeting OF the two Hous-
es to witness the count Of tie Eiee- |
toraI votes. Even this announce
ment is not required. All that is in /
fact needed Is to preserve the evidence
Df the count and the number Of Elee-
toral votes for each person voted for,
either for Presidsnt or Vice PTesi-
lent, and the Constitution itself de-
,lares the result. Nothing further
then remains to be done but for the
elect to take the Constitu-
.ional Oath and his title to The office IS
complete.
IV.-THIS CONSTITUTIONAL PRONlS-
ION Is SSELF-OPERATIEG.
Thus il will be seen that the Con-
,litution is self-exeeuting and was
Intended to be so by the trainers OF IL,
and not to be subject to any law, rule,
1r regulations Of Congress, or Of eth
sr branch of Congress.
To show that the Constitution Is
as to counting and de-
,lariDg the result Of the Electoral
votes, It is only necessary to refer to
section 142 of the act entitled "Presi-