New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-10
THE LECTURE.


process OF forming the Constitution, which re-
suited in the adoption of the Federal princl-
pie for tho Senate and the National principe lor
the House Of Representatives am now to describe inc
formation OF that great office, the Presidency OF inc
United States Recent events have made this subject
one of the deepest interest and utmost Importance
Measuring my words in most exact manner OF which
am capable while shall not discuss the conduct OF In
divduas who concerned in the late transactions at
Washington. by which 1t determined which OF two
rival candidates the Presidency should have the
Office you will expect me TO maintain my loyalty to
sound political truth TO give you an accurate account OF
the formation of this part of our Government ana TO
make the great deductions which II teaches
great latitude of choice to the mode of appointing
an elective Chief Magistrate and the duration and tenure
of so great Office brought out the widest dverses OF
opinion IN the Federal convention. 1t is interesting to
note how the Office grew its full proportions which at
length made equal in power to many monarchies and
in some RESPECTS made it greater than the power Of some
constitutional kings Perhaps there is no part OF our
Constitution which is better entitled TO the praise OF
success than the mode which executive officer OF
such great power made an elective officer, ana
made consistent with republican government AT first
the idea of having the Executive chosen by the people OF
the United States at large hardly entertained at all
In the convention because 1t was assumed that the prn
cpal if not the only function Of the President would
be that executive agcut of the legislative WILL
Accordingly it first proposed that the Legislative
Department should appoint the Executive AS the evils
OF this plan were developed proposed to give the
election of Chief Magistrate to the people, who would
have TO vote In their respective States according to their
their state rules OF suffrage which differed very consld
eraOly or else there would .bave to be
National qualification OF voters for this special
purpose. The suggestion of an intermediate body OF
electors to be appointed for the express purpose Of
choosing the President presented alternative method
which revealed the necessity for making the President
lmpeachabe while I'm Office TO obviate the dangers
Of his cOrruptng the electors % secure reflection
tine Committee OF Detail in its report proposed that the
National Legislature should appoint the President for
term Of seven years. and to make the incumbent inelg
BILE for second term. proposition fol direct cleo
ton by the people negatived by large majority of
the States.
The relations which II was found necessary to estab
lsh between the President the Senate in the
matters of appointment 10 office and the negotiation
ard ratification of treaties, and the Presidents veto
power the enactment OF laws as well as his junction
of Executive Magistrate, compelled the convention to
separate his election in the first instance entirely from
the Senate and equally from the whole Congress. An
Intermediate body of electors therefore, seemed advan
tageous and was left to the State Legislatures to de-
termne in what manner the electors were to be aI-
pointed, but made the whole number Of electors for
the people of each State to DO equal to tho whole
number Of their Senators and Representatives in
Congress. Nothing is apparent or conspcu
Gus in the efforts OF those who framed this
electoral system than their socitude to from
all corrupt influences For this purpose, they got as
near to the people they possibly could get with
out prescribing in many terms that the people should
vote Dill eey for the President For this purpose they
assumed that the electors would be appointed by the
peope whom no one could corrupt or that they
would be appointed by the State Legislatures, which
would be less likely smaller body to be corrupted
and whose members would themselves be chosen in ac
cOrdance with the political sentiments OF their cOnbu
pnfs. q 10
wishes OF their constituents operate In the choice OF t
Presidential electors For this great purpose, too OF
securing the Will of the people against corrupt defeat
In the Electoral College itself the electors III al the
by ballot and TO certify and seal up their ballots
There have developed extreme opinions as TO
the mode Of ascertaning and declaring the votes given
by the Electoral bodies for President OF the United
States One these is that the President Of the Senate
Is perform the whole duty OF opening tue ceuHcate
of examining and declaring what votes have been glVen
and prOnOuncng the result provided ne does IL III he
presence Of the two Houses But as thls OPINION mas
been generally rejected by the sense or Inc Nation II
opinion this assuming 1t TO belong to the two Houses
assembled in the Of each other TO discharge the
, re- eoh er presenSe YET If there are two certi
rites from the same state, signed and certified by d
ferent bodies of persons acting as electors, the two
Houses can ouly receive and act upon the certncae
Of the proper official representative OF the state
5aa no at SeSe Ers duy
and lawfully appointed as electors; and that IN
tOrous fraud can there any inquiry into the fact OF
who the persons were that duly appointed electors
call this an extreme doctrine because 1t involves eX-
IRENE consequences OF which is that the attesta-
of officer assumed TO speak the sovereign asscr
NAV nave been raudulently atested DO the words in
the Constitution and the votes shall then be counted
mere arthmetical enumeration or 90 tney mean
That they imply more Is apparently Gonceded by
the very doctrine have been considering The tribunal
fbat is to count" them must look beyond the mere
certified of the votes, beyond the signatures OF the
electors evidence that the persons who purpot
TO give the Electoral votes OF State had lawful right
TO give them.
STATE SOVEREIGNTY NOT N QUESTION.
Now II Is said that the best and the only evidence Of
their right to give the votes Of the State the assertion
of the state ITSELF speaking through its official represen-
tatye that the act OF voting in the Electoral College is
an act Of the State sovereignty and that it would be
dangerous encroachment the rights OF the state TO
allow rs oeis ateses1n h Si ced IN S9eo The
decisive objection this doctrine Is that the act Of
act OF the state sovereignty at ALL but act Of the peo
pie OF state in their individual character as portion
We're 10 elect President through then agents aud
tees the Electoral College can discover IN the form
ments for the construction Of the Executive
Department, no theory or design that wi, WI
an act TO be performed by the States in their sovereign
cap o the ee ee y do Of The
of the Constitution is that counting inc eectora vote5
votes and while ordinary there may be no oc-
casion 10 look beyond the certificates and Their accom-
hover 10 do 80 ought TO be held to be implied in the ma
ture and objects OF the proceedings by which the pr
mary election Of u President is TO be determined II ls
no answer 70 tins to say that the Constitution BIAS
not i'm express granted such power 10 the two
Houses 1 saw that the authority granted III general
FERNS TO count the electoral votes embraces, by
proper application OF the rule Of implied powers author
Nv To- ASCERTAIN what electoral votes have been lawfully
given and that there is State right or State soyer
eighty involved in the matter that ought to prevent an
application Of the doctrine OF implied powers ny tnG
same deduction that has been again and again employed
without complaint in determining some OF the most I'M
porant powers and functions Of the Government OF us
various departments. .-.--
III the people this country acquiesce IN the doctrine
that the two Houses of Congress under no crcuD
stances inquire into the truth Of electoral certificates
that are inpeached for fraud precedent VIII nave
been established that will certainly invite repetition
of lust such acts as which have lately been re-
- llA..Ll Ill nIII.Il