The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-03

hoy regard IL as including the power 70 pass
upon tho constitutional and legal validity Of the
electoral votes which arc disclosed upon tho
opening OF the certificates by the President Of
the Senate. But il MIR. NcKnight is correct, it
r. Of comparatively little consequence bv whom
the votes shall be counted for his view is that
the right to open the certificates cenfcrs upon
tho President VI tho Senate the right to declare
which are the lawful votes. Alter this has
been DONE their enumeration 70 simple
matter enough. Hero the best rcfutltion Of
the authors PROPOSITION is supplied by the
language Of the Constitution itself The au-
thority to open the certificates is Il simple.
naked power entirely capable Of execution by
itself and not necessarily involving any other
act: but. in order that the votes shall be
counted 1t is. OF course. absolutely necessary to
Determine what are votes The Constitution
docs not expressly direct who shall make this
determination. any more than 1t expressly di-
reefs who shall subsequently count the votes,
but II is the natural conclusion that both func-
tons were intended 10 be vested In the same
body.
Notwithstanding the fact that tho Constitution
In terms simply empowers the President OF the
Senate 10 open all the certificates Mr.. Me-
Knight finds in this language authority not
only to open the certificates. read them and
make their contents known to the two Houses
votes ms ARE illegal and declare what nrc the
legal votes. His whole seventh chapter IL de-
voted TO this proposition. We think 1t is erro-
neous. There IL no recognized or tolcrablc
principle OF construction which would justify
such an enlargement Of tho meaning OF Ian
guagc as 1t demands.
While we thus dissen, from the main thesis OF
this treatise on The Electoral System of the
United States 1t must not be understood that
the book is without value The spirit in which
1t is written Is admirable The author has not
allowed his party predictions we believe hcisa
Republican, to warp his judgment. and he deals
very fairly with most of the questions he dis
cusscs. He has nothing but sturdy rcprobation
for the Electoral Commission. it, formation and
Its acts. Such n body is unconstitutional In
either event whether II is the President Of tho
Senate or Congress which is to determine what
are lawful electoral votes. The contradictory
rulings OF the Commission have been ex-
posed. criticised. and denounced before: but
no one has better shown the Inconsistency
in rejecting evidence that nm alleged ecctor
was nn officer of tho United States nj
the time Of his appointment. because such
evidence was dihnde the certificates. The
truth is that at the counting OF the votes in the
presence OF the two Houses of Congress many
questions really outside tho certificates do in
fact arise. and are tacity decided. For exam
pie: =" Is this certificate from n State Is the
State entitled to this number OF electors Is any
one Of them Senator. Representative. or officer
OF the United States ? Is one of the two persons
voted for not an inhabitant OF the same State,
is the person voted for a naiural-horn citizen
OF the United States Is he thrty-fve years Of
age Under the law OF 1892 is the ccr,iiication
made Ivy the Governor Of the state And was
the certificate delivered to the President of tho
Senate by or before the first Wednesday in Jan
uaryr' As Mr.. Mcknight says. in the late cleo
ton every one of these questions arose either
tacitly or openly and was determined accord
ing TO the facts. except in the case Of the incl
iglbe electors. where the Commission refused
10 ascertain the facts
1t * not only in respect TO events connected
with the Presidential election Of 1876 that the
author manifests judicial discrimination. The
Constitution Of the United States provides that
Congress may determine the day on which the
electors shall give their votes. In pursuance Of
this provision. the first Wednesday in Deccnl-
Der was designated by the act Of 1892. In 1856.
the Wisconsin electors were prevented from
meeting on the appointed day BY aviOlent snow
storm. which they described Us an act OF God.
They me- on tho following day voted. and seat
IN account Of their proceedings tothe President
Of the Senate Attic count. underline 'oint reso-
luton OF 1897. II motion was made to exclude
inc NOlt OF W lE'fuHU Oh TIC rAfiAilA mat II idu
not been cast upon the day prescribed by law.
The presiding officer Mr. Mason. the President
OF the Senate would not entertain ;Ae objection
or permit debate upon H. and the vote II Wis
cOnsin was counted. Mr.. Mcknight declares
that this was wrong, and We agree with i'm
There Is no propriety. he says. in charg-
ing the negligence Il the electors to the
account Of God. Besides. the law prescribing
the day of voting being enacted pursuant 10 a
specific provision Of the Constitution. Is clearly
mandatory, II the requirement to vote on that
day can be disrcgarded in one instance, it will
BE- disregarded in others. and a broad path to
fraud would thus be opened.
On page los. in "A note Va find the wc-knowu
letter Of Mr.. Justice Strong. in which he sHys
he does not believe that Congress has any con.
stitutional right 10 inquire into state elections
for State electors. This l. mentioned as having
appeared in the newspapers generally. i
was originally published solely in The SuN
however. as Mr.. Mcknight ought to know II,
points out with much force that four days lie
fore its date. Mr.. Justice Strong. n "A member
Of the Electoral Commission. had. in the Gus,
OF Oregon. exercised the very right 10 inquire
nto State elections for State electors which b,
denies to Congress. iBut If Congress had Il,
such right. how did the Electoral Commission
acquire 1t?
This volume probably contains the utmos
that can be said in behalf of the Vice-p president
right las President Of the senate to canvass
the electoral vote so long a. that RICH, flnd,
supporters, 1t is likelyto be read and consulted
Still we DO not anticipate an adoption Of thu
electoral law submitted by tho author. in which
the authority of the President Of the Senate II
distinctly recognized. and liz exercise regu
lated But aside from all this the book pos
scsses positive merit In tue interesting, 4
somewhat disconnected. view which it present.
OF events that ought 10 be better known to stu
dents Of American politics.
Ancient Life History of the Earth.
One OF the most successful attempts tC