Year: 1868

"ReSolUed, ETC., That the States of Vir
ginia, North Carolina, South Caroline
Georgia, Florida, Alabama, Mississippi
Louisiana, Arkansas and Texas, respec
lively, shall not be entitled to representa-
ton in the Electoral College for th,
choice Of President and Vice Presiden
of the United States, and no electora
votes shall be received or counted from
any Of such States unless at the time pre-
scribed by law for the choice of elector.
the people of such States, pursuant tt
the acts of Congress in that behalf, shal
have, since the 4th day of March, 1867
adopted constitution of State govern
ment, under which State government
shall have been organized and shall be in
operation; and unless such election Of
electors shall have been held under the
authority ,f such constitution and gov
ernment, and such State shall have also
become entitled to representation in
Congress, pursuant to the acts of Con-
gress in that behalf"


Mr. Davis-Mr. President, between the
resolution presented by the Senator from
Vermont and the substitute offered by
the Senator from New York, l believe
there is only formal difference. The
one speaks in particular terms, desig-
mating States, and the other in general
terms, which necessarily comprehends
them. l agree with the Senator from
Vermont in one of his propositions most
unhesitatingly, that there can be but one
State within the same limits. l lay
down the further proposition that the
State, the true State, that occupies and
consists of the people within the partic-
ular boundary of State, has the right
to elect Presidential electors.


j agree with the Senator in another of
his propositions, that any law of Con.
gress or any regulation which does not
infract the Constitution, but which is
merely directory of the manner in which
the ministerial duty of counting the votes
of the Presidential electors, may be pre-
scribed by Congress but whenever such
law in any of its provisions infringes
upon any of the provisions of the Con-
stitution, to that extent it is null and
void. l will read what the Constitution
says on this subject of Presidential cleo
tors: M


Each Slate shall appoint, in such
manner as the Legislature thereof may
direct, a number of electors, equal to the
whole number of Senators and Repre-
sentatives to which the State may be en-
titled in the Congress"


Now, as to what is to be done with the
votes of those electors when they are
chosen:


"The electors shall meet in their re-
spective States, and vote by ballot fer
President and Vice President, one of
whom, at least, shall not be an inhabi-
tant of the same State with themselves;
they shall name in their ballots the per-
son voted for as President, and in dis
tinct ballsts the person voted for as Vice
President; and they shall make distinct
lists of all 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 to the President of the Senate.
The President of the Senate shall, in
presence of the Senate and House Of
Representatives, open all the certificates,
and the votes shall then be counted.


These are the portions of the text Of
the Constitution which settle the princi-
Piles, and | concede that any legislation
within the limit Of those principles
would be constitutional.


Now, will proceed to examine each
one of the principles established by these
provisions Of the Constitution which l
have read, and endeavor to compare
them with the proposition of the honor
able Senator:


Each State shall appoint, in such
manner as the Legislature thereof may
direct, a number Of electors"


The FIRST question is, what is the State
that is to appoint in such manner the
Legislature thereof shall direct, the elec.
tors to which that State is entitleS 1t
is the people Of the particular portion Of
the country organized into State, under
a constitution formed by the people who
are clothed with the political power
within that State. The hfst requisite in
the process is that there must be State
The people alone can form State To
constitute State it must have q govern
ment, a government BY constitution
and that is just as necessary as people or
territory 70 constitute State. How is
this government Of constitution 10 be
formed BY the people Of the State alone.
Congress has no power 20 form the gov
ernment of State. II hes no power to
form that government in whole or in
mart Il has no right 10 NEEDLE with that
duty and right Of the people Of the Stale,
The formation Of their government ex-