The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-10
OUR CONSTITUTIONAL HISTORY.

CONCLUDING LECTURE BIZ GEORGE TicxNoH
CURTIS THE ELECTORAL SYSTEM.
Mr.. George T,cknor Curtis delivered hts third and
concluding lecture on American constitutional ms
tory in Association Hall last night He commenced
by giving brief summary OF the mode decided upon
in the Convention OF l777 for the election OF Presi-
dent of the United States and the means that wore
taken through the Electoral College repre-
sentatio, OF the popular vote; aud also sketched
the powers that were delegated BY this Con-
yeutiou 10 the President The mode Of election
and tho powers gwen to him, Mr. Curtis saiu sno"eu
that II was intended by those who framed tue oonss
tuition that President should be the representative
OF the people OF the United States and not OF state SOW
ercignties or State governments. and II was also
apparent that he should not be ehgioie
for reelection to Office. : the great endeavor o
the Convention was not TO establish
system OF federal suffrage for the election OF 'ne
President II il could be possibly avoided II WIS a'sc
sought 10 devise a system that should avoid turmon
and excitement among the people. BY assigning TO
each State number of electoral votes equai 10 ns
representatives in both of Congress Is was oe-
l,eved that the best system obtained Tor the eico
ton OF tho President.
COUNTING THE ELEcroRAL VOTE
Mr.. Curtis then went on to describe tho mode DO
cided upon for counting the electoral vote, anu sso
that r became necessary also 70 consider the appoint
mcnt OF u tribunal for the examination OF certncates
to verify the votes which they purported 20 repre-.
sent. An extreme doctrine hat been put iortn tnas
the President OF the Senate has the rght 70
certificates aud decide what votes nave oeen gwen
by the several States Tnis doctrine brought tho
country in the Presidential election as near 70
coup detat as y nad ever oseo nv sec,aiou Of the
President OF the senate, and II that had oeon 1one
Mr. Curtis saa that We should no, % LYING naao. 'os
Mr. Curtis then proceeded to consider the counting
OF the vote, and said IL am BY no means esposeu
10 deny that duty OF coyntng The electoral vote
very delicate one but Can see Tar greater oaneers
In refusing TO inquire in cases that cali Tor inquiry
iuto the right oil those who claim TO Dc ELECTORS 70
net as SUCH than see in making such IN
curry My iaoa OF the purpos; the csos' mn.sa
he ascortaiumeut Of what true and lawful elect
oral votes; while in all ordinary cases there may
thsir attestatlon may BE- cases IN
which the power do so ought 70 pc helo 70 20 M
piled in tho nature ana oD)ec.s me 20 NJ ~
termined. II is answer 10 TINS view 20 say
that the constitution has not IN express Terms
bowers Of vast extent and importance have boon
deduced IRON the general government or from some
pI,ed to the PROVISIONS oil the consttutonY NO moro
spechc and descriptive provision can DC lounood
"shs, - then be- counted" II power 10 do .
particular thing Is necessary 70 Inc accom- n;
Of so' oSss for the
in general TERMS Congress is amply authorized by
the text tho constitution to provide oy law Ior me
doing OF that thing. That II IS obviously necessary 70
MAKE INJURY in some into the commences ana
truth papers which purport or are cerlnea 70 "
electoral order that electoral votes may
not be cast by unauthorized peIsons VIZ ~ eS'S0"
by all. -A.... -
power NAV be II is not provided for AMI that this
must be regarded weak point In the electoral sys
tenn however much II may DO lamen.ed, deny the
premises and tie conclusion deny the weak SPOT
say that the authority granted IN general terms
70 count the electoral votes embraces oy =
,tAs nf hA
bowers authority to ASCERTAIN what electoral
votes have been lawfully gwen, and that there - no
ter that ought to prevent application OF tho doc
trine OF implied powers by the same deduction tnss
has been again IN ana ae,er%nng some Of the
most important powers aud unctiocs Of tho govern
ment or its various dep.rtments am l,sns so WIN
counting the electoral votes. Is OF course power
and duty that cannot be delegated to any other BODY
THE coxsUMMATEp FRAUD.
In referring 10 the Presidential decision Mr.
Curtis saia:-As a citizen OF this country, holding
no official position and oound by no savish tie to The
subject that concerns the poonc vel
farc. nut | feel somewhat ashamed oil the
necessity ior yindcatng tho fundamental principles
institutions against doctrines that nave Deen
rcsortsd to because a consummated fraud Ia ons OF
TO something that would help US out Of dfhcuity.
The details Of the acts which have brought US 10 the
duty OF defending our political system are too DIS
gushing for repetition. But lot me say
word that Will save tho honor Of vast
body oil teiOw Ctlzcne iho aCss VI whicu w
all feel the ineGible disgrace arc not TO DO
imputed the great political party Tor whose oenent
they were professedly perpctrated. They were the
acts OF individual men, influenced or connived al ~
other individual men. the people Of this country,
Throughout It's breadth and IT'S iengtn. OF whatever
party in the politics times love and reverence
tho institutions Of their native or adopted land.
They not cheats or iorgers or Drioe
takers or br,be gvers. and they will
just as surely reject all the sophistry and
casus,ry that ford immunity to crimes against the
saIe,y and perpeluy Of their republican systcm Of
government as they would defend thor homes and
hearths against a foreign Zoe.
Mr.. Curtis concluded hrs lecture by quoting tho
effect OF corruption in Roman Republics and OF
France under Napoleon III and dong so asserted
his belief that tho American Republic would be saved
nv It's people from u such disaster