New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-06

A LETTER FROM EX-JUSTlCE CAMPBELL.
THE RIGHTS OF CONGRESS AND THE PRESIDENT
PRO TEN, AS VIEWED BY DEMOCRAT In THE
LIGHT OF HISTORY.
WASHINGTON, Jan. Ex-senator Bayard of
Delaware has furnished for publication letter to him
from exJsce John A. Campbell in regard TO the rights
of Congress and the authority OF the President OF the
Senate at the counting OF the electoral vote. 1t Is his
torica and critical and takes the Democratic view OF the
whole case Its leading features as follows:
Ex-Justce Campbell begins by saying that the
inquiry as 10 the powers OF Congress must start from
the Constitution and cOtemporaneous history Gong
back therefore the convention which framed the Con-
stuton in 1857. he says that numerous propositions
were submitted TO that body in regard to tile mode OF
eectng a President and Vice-Presldent Of the United
states Among these plans for committing the
election TO the Executives Of the States To the Legisla
lures OF the States, to the people divided into
districts 10 electors chosen by lot from Congress-
and to the Congress itself None OF these
satisfied the convention. A plan was nnally
presented as a compromise OF conflicting interests and
contradictory opinions which proposed an election by the
people through the agency OF All electoral college, TINS
was the plan adopted it being about the last thing the
convention acted upon it adopted because 1t met
the objections raised against the other plans arising out
Of the conflicting interests OF large and small states
ExJustice Campbell then sets out to define the ofci IL
character of the President of the Senate As bearing upon
the question OF his authority to open and count the
electoral votes. He says:
II was imposed as duty upon the electors TO sign
certify anu transmit under seal 10 the President or tle
senate of their votes. The President OF the
Senate 10 open these III tile senate House a ses
sion of the senate desire you the fact that
these be sent 10 the President nor secretary
of War General Of the Army They were 10 ne sent
Ia the President of the Senate, not 10 any Sergeantd
Arms Jeremy Bentham tells Us In every pohtlcal
/ employ" he says "the word president In preference
to any other term which the EnElish OK any Other
press the function have In view learn from nm
mat marshal the appelati9n by which the Pres-
orders which composed the swedish body.
aud in the provincial assemblies OF the noblesse
instituted within the Russian Empire. Bentnaln
saws the Office Of marshal was originally that of an
oser or groom, but by degrees command over norses
mas Involved as IA matter Of inferior consequence com
mand over their riders. But TO command mlltariy 10
command despotcay Accordingly, I'D the SWEDISH thir
marshal, named by the king, speak or hod their
tongues. solder turns to the figh' or 70
the left commander gives the word
lie concluded that OF all words which were OF
aer cNnJ ne DEVISED TO denote the president Of
sembly which Is not meant for an army or puppct
snow the word marshal Is that which ought most sd
ousy 70 DC AVOIDED a MIN S rs a r Of the
Senate, and that his gaYe has not Deen con'ereu 'o
The trainers of the Constitution adopted the most ap-
prOprae word in the English language to describe tne
officer 10 preside Over t ,n1 p anate Re was 10 be-
senator selected Dy body which had pcnary power 10
lie its res for proceeding and punish its mem
s even 10 EXPULSION for breaches In the
nerformanco of his duty the President OF the Sen
are i'm settling points OF order, announcing the
result of votes receiving communications PETITIONS or
addresses tie mandatory or the senate ana Is ~ az
times subordinate TO their control IL would De an III
version or their relation and Alternative OF inc COLI
ston of Senate were he To have power 10 IMPOSE
mis- will uEOu them III solitary case. Wnch inc com
mittee of the convention reported IA Recommendation
thnt the electoral lists should be transmitted 10 the
President OF the Senate and which were not 10 DC
opened BY him until session OF the senate,
they were familiar with the duties OF the
presiding officer and with the usages OF deDeratye as
semblIes Had they designed To make change III the or
binary duties VI the presiding olceT TINS W9uiu nave
lyeen clearly expressed. suppooc snc PIoOe-
denis OF the British Parliament were mole familiar 10
fne statesmen wAO were engaged ut Philadelphia III
framing the Constitution 10. estaDlsh justice,
secure TRANQUILITY, and promote union. "hen
Charles came into the house OF
Commons ard demanded the delivery 10 MN Oh nNe OF
the patriot leaders including Hanpuch anu w. tno
sneaker I,nthall replied TO him IN speech when con-
fains an epitOme OF the whole law OF the relation De
tween the senate and It's President MAY please your
Majesty, have neither eyes 10 see nor tonee ~ spoh
IN Gbs place but us the House Is pleased 10 direct me-
wnOse servant l am here; and huinDiy peg your
Maiesty's pardon that cannot give any Otef answer
10 what your Majesty is pleased to demand oi INC.
I. We find In No contemporary debate nor suDse-
auent usage the assertion OF the enormous power Vi W.
cIariug 10 the Senate anu the House OF Representatives
his n nal and absolute judgment that the eiecIOr co
leves had made an election OF President anu Nce
dnI and that this Judgment was independent vi any
control of tera and both houses were To be silent
and upcOncened spectators OF his dictaJora prooooo
iugs ut the time OF his performance OF that Iuhcoh
The letter then reviews the action Of the CONSTITUTIONAL
Convention In regard choice Of President by Con-
eress In case of failure 10 elect by the people IL do
cares that strenuous opposition VIA manifested against