Year: 1868

power never dreamed of before, and full
& Of the most porilOus consequences. Let


US see what the Constitution itself says
! on the snbject of the Presidential election.
4 The Constitution provides that s.lf r n.
4 'fEsch State shall appoint, in such man


per ss the Legislature thereof may direct,


q number of electors equal to the whole


number of Sena tors and Representatives to


which the State may be entitled in the
+ sfhe electors shals meet In their respec-


I've States, and vote by ballot for Presi-


dent and Vice President, one of whom at


least, shall not be an inhabitant of the same


State with themselves, they shall name in
= their ballots the person voted for AZ Presi-


dent and in diainct ballots the person


voted for as Vice President; and they shall
make distinct lise Of al persons voted for


as President, and Of all persons voted for


as Vice President, and Of the number of


votes for each, which lists they shall sign


and certify, and transmit, sealed, to the


seat of the government of the United


States, directed tc, the President of the Sem


ate the President Of the Senate shall, in


the presence Of the Senate and House Of


Representatives, open all the certificates,


and the votes shat then be counted, the


person having the greatest number of votes
| for President shall be the President, if such
| number be msjol:ity Of the whole number


Of electors appointed.
| ''The person having the greatest number
of votes as Vice President shall be the
Vice President, if such number be a ma
jority of the whole number Of electors ap-
pointed.


"That Congress may determine the time
Of choosing the electors, and the day on
which they shall give their votes, which
day shall be the same throughout the
United States" $685.


The above contains all the provisions
Of the Constitution in relation TO the
manner of making the election, From
this recitals the National Inteligepcer
it is manifest .-.s .....r


/. That it is imperative On each State
to participate in the election, the words
of the Constitution being mandatory
" Each State shall appoint y 4 a
number of electors" It is not Leach
State may appoint, " but e. each State
shall appoint" This injunction of the
Constitution requires each State to vote
in the Presidential election From this
obligation it cannot release itself Bat
yhile this injunction to vote is imperative
on each State, it is also equally impera-
tive on Congress. If each State must
vote, Congress has no right to forbid it,
either directly or indirectly. Instead Of
en- deaVoring to prevent State from
voting, 1t is the duty of Congress to facili.
tate the exercise Of this duty on the part
of the States Take the case of Virginia; |
she is State in the Union being such |
State in the Union, the Constitution COM
mands Virginia to vote. Congress, it is
clear, has no pretence Of right to COM
mand Virginia not 10 vote If Virginia
is required by the Constitution to vote,
any action by Congress inconsistent
with the command of the Constitution in
this regard is nugatory. ..


2 As to the manner of making the
election, that is left ID each State. "Each i
State shall appoint, an such manner as
the Legislatures thereof may direct,
number of electors" etc, Congress has
nothing whatever to do with the manner
Of the election, except that Congress
may determine the time of choosing the /
electors, and the day on which they shall
give their votes. With this simple and
comparatively unimpOrtant exception of
fixing the time of choosing the electors,
and the day on which they shall vote,
Congress has nothing whatever to do
with the manner Of the election. 1t is q
matter left exclusively to each State.
Each State has authority to make all the
legislation necessary to execute the duty 1
Of voting imposed on i: by the Constitu-
ton. Each State must determine for it
self the manner Of the election, and all
questions arising as 30 the legality of the
election, and the action of each State is
conclusive on this subject, IF there is
any controversy about the election, it
must be decided by each State, acting by
its own legislation in regard to its own
vote The certificate Of the electors of
each State is conclusive upon all per-
sons as to the vote Of such State Each 4
State decides upon this matter for itself, i
and the certificate Of its electors is res i
adjudicdta to all the rest Of the States,
and every department Of the Federal gov
ernment This was one of the great
rights reserved By the Constitution to
each State. No one haa right to 20 be-
hind the certificate of the electors Of
each State, such certificates being made /
by the Constitution conclusive evidence
Of what it processes 70 decide.


g. The only duty Of Congress in this
regards ministerial simply to be passent
and attest the counting of the votes as
certified by the electors Of each State
"The President of the Senate shall, in the
presence of the Senate and House of 1
Representatives, open aH the certificates,
and the votes shall then be counted. the 4
person having the greatest number of
votes for President shall be the Presi- /
dent if such number be a majority of /
the whole number Of electors appointed
The President of the Senate is reqaired
imperatively to "open oHthe certificates"
and "the votes shall then be count
ed No discretion is left to the Presi-
dent Of the Senate he shall open all the
certificates the certificate from State
is conclusive on him, and as such certif.
Gates declare the votes, the resul of the
election is arrived at


4 From what we have written, it fol-
lows, we think, beyond dispute, that the
duty Of the President of the Senate and
- II