New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-08-23
TuE counting OF THE VOTE.
PLAN OF THE CONSTITUTION.

.,nn consists of three distinct steps. First the
rcafon OF the electoral colleges; second, the vote
~ Colleges: and third the opening and counting of
their votes This is the simple plan of the Consti-
tuition. RI, Ii, :. r.. ,,.,
che States within the five limitations | had the
honor "a, mention 10 tae House few days ago
Syst II must be State that appoints electors
second the State Is limited as to the number of
electors they may appoint third. electors shall not
be members OF Congress. nor officers of the United
States fourth the time for appointing electors may
he fixed by Congress: and fifth. the time when their
anpointrrent is announced which must be before
the date for giving their votes, may also be fixed
by Congress
These FIVE simple limitations, and these alone,
were laid upon the States. Every other act, fact,
and thing possible be done in creating the cleo
toral colleges, was absolutely and uncontrolably
in the power of the States themselves. Within
fhesa limitations, Congress has no more power to
touch them in this work than England or France.
That the first step.
The second is still palmer and simpler namely.
the work of the colleges. They were created as an
independent and separate power, or set OF powers,
for the sole purpose of electing President. They
we're created by the States. Congress has Just one
thing 10 do with them and only one; 1t may fix the
day when they shall meet. by the act Of 1892,
Congress fixed the dav as u still stands IN the law
and there the authority of the Congress over the
COLLEGES ended. ,
There was later act, of $40, which gave TO the
States the authority to provide by law for filling
vacancies of electors in these colleges; and Con-
cress has passed no other law upon the subject
The states having created them, the time of their
assemblage having been fixed by Congress. and
their power to fill vacancies having been regu-
lated by State laws. the colleges Independent
I'm the exercise of their function Is any depart
ment OF the Government within its sphere. being
thus equipped. their powers are restrained bV rev
smul Limitations laid upon them by the Constitu-
ton itself first. they must vote for a natlve-born
citizen; second. for a man who has been fourteen
wears a resident of the United states; thlru AT
least one of the persons for whom they vote must
not be citizen of their own state fourth, the
mode of voting and certifying their returns Is pre-
ecrlhed by the. Constitution itself Within these
simple and plain limitations the electoral colleges
ere abs "lutely independent OF the states ana Oh
Congress. l....:, r
venton. which have not seen not iced III any OF
the recent debates, illustrates very clearly now
careful fathers we're 10 preserve these coieges
from the interference of Congress- and TO protect
their independence by the bulwarks of the Constltu
lion itself In the draught of the electoral system
reported September (. 1871 il provided that
Congress may determine The time of choosing and
assembling of the electors and the manner OF cert-
fyng and transmitting their votes
That was the Language of the original draught:
hut our fat lers had determined that the National
Legislature shOuld have nothing 10 80 Win the nc
ton of the colleges; and the words that gave Con
cress the power to prescribe the manner OF certify
Ing and transmitting their votes We're stricken out
The instrument itself prescribed the mode mus
Congress was wholly expelled from the colleges
The Constitution swept the ground clear OF all IN
1rnders and placed its own imperial guardianship
arourd the Indepeudepce OF the electoral colleges,
bv foriiNding even Congress To enter tne sacreu
circle No Congressman could enter; and except
IL fix the day of their meeting, Congress cou4d not
speak to the electors. , -.
These colleges are none the less sovereign and IN
dependent because they exist only 1or iaV'
They meet on the same dav III all the states; tIey
do their work summarily in one day, ana dissolve
forever There is no power 10 interfere. no poN1r
t. recall them. no power TO revise thelr a'uon'
Their work Is done; the record Is made up. Slged
sealed and Transmitted; and thus the second greaI
at IN the Presidential election l. con pleted.
ought 20 correct myself the second act IL the res
ideutial election. The election is finished, the hour
when the electoral colleges nave cast thcH NOtes
and sealed up the record.
reese sealed certificates of the electoral colleges
ar forwarded 10 the President of the Senate. where
r8af g.
than TWO months. The Constitution assumes tDat
the result of tDe election l. s5lll unknoW DuI on
q dav fixed bv law. and the only day, OF ali the
DAYS i'm February. OIL which the law comm mus
Congress be session, the last act III the plan OF
eIectlng "A President Is 10 be performed. ,
How PLAIN and simple are the words that describe
this third AID last step. Here they are
The President OF the Senate shall, Ill the pres
ence of the Senate and House of Representatives.,
oDen all certificates, aud the votes sha then DC
Here is no ambiguity Two words dominate and
INSPIRE the clause They are the words open ana
ooaat These words are not sh!ouded IL the DiAek-
understood 10y every man who speaks 0Nr mother
tongue aud need ~ lexicon or commentary.
Consider the grand and simp.e ceremonial Oy
vicn tie third act Is to be completed. On the Gay
fixed BY law TIE two Houses Ci congress arc as
,r-,bied Tire President OF the Senate, Wh) o. me
Constitution, has been made te 3ua,oiSn ~ nc
sealed certificates from an tne ele'ioIal coiaekes'
takes his place. Ine Constitution ! quires q per
SON. and presence" mat person. Is 'no
President OF the senate aud lhadsr pIcsehD,, -
Inc presence of the TWO Houses. Then TWO things
ar to be doae. The certificates are to be opened.
and the votes are 10 he counted. IhTse are
MOI LEGISLATIVE ac1s but clearly aud plainly eXecu-
tive acts. challenge any man 1" una ANY WneIe
GI accepted definition OF an executive act l1at uoes
1,ot include both these. They cannot DE tortured
into a meaning that will carry them beyond the
boundaries Of cxecutive action. Ana one OF ,iiese
ac.s the President OF the senate IL lercHptol,iS VI
a.red 10 PERFORM The ConsututIOn commands INN
10 "onen all he certificates Certificates OF What
Certificates of the votes of the electoral coLeEes.
Not any certificates that any body may choose 10
send but certificates OF electors appointed py ne
States The President of the oehaT j. PIe9unou -
know what are the states III the OIIloh Huo "io
t,.ir officers: and When he opens the ceiiihcates'
he learns from tue official record VINO nave Oeeh aP-
pointed electors and he finds their votes: ,
The Constitution contemplated the Ifealdel' "
the senate as the Vce-President of the United
States elect of ali tue peope ana 10 nt t t,
copfded the great trust the custoulansulp OF tile
only official record Of the election OF PRESIDENT
What Is II 10 open the certificates III W9uIa DC
narrow and inadequate view oil teat woiu 10 81,
thar n means only the breaking Of the seals. 10
omen an cuvelope IS not 10 open the cer'lncacs.,
The certificate is not the paper on "a r,
the record made; 1t Is Tue IcSoIu ''sYii:
open tho ertiicac is not physical, DdO an ih'cl-
lectual act. II Is 10 make patent tne Iec"t ~
publish IT, When that ~ done the election o. res
dent and ce-Presdent l. published. Dut one
thing remains to be done; ana mere me lauH"ase =,
the Constiruuon changes from the actlVe 10 ue
passive voice from the personal 10 the l'hPriS ~
10 the rus custodian of the votes succeeds tnc
impersonaty of arithmetic the votes NV peo ~
made known there remains Only Tue eoihlut tt VI
tn Constitution: They shall be counted thiii 49,
the numbers shall be added up: m c...,,,.;o,,
No further act II rrquiIou' iHO
Itself dr.iares the result.
The person having the greatest nupber OF votes for
PTesi1eI sla be President, II sur nuuDer ~ HJ'i
iiy Of the v hole number Of electors app oiuteu
II 10 pSrs0u has such mgoilty, the [oun d -
REPRESENTATIVES shall Immediately choose Iitsi-
dent NOT fbe House As organized for legisIallHh'
but "A new electoral college rs created OUT Oh Ihe
members OF the House, by means or Whcn eacH
State mar one vote for President and only one.
TO review the ground over which have triVele s
The several acts that constitute the elee'lon %
President nav he svmholized by pyramid consist
ing of three massive separate blocks. The hrst tne
creation Of the electoral college by me states, 10