Year: 1873

/


| GENERAL PRESS DLsPATCB.i


| WASHINGTON, Jan. 17.--Mr. Morton of Indiana
called up Senate to-day h resolution nstruoting
the Committee Privileges and Elections 20 inquire into
the defects Of the present electoral sysem and the best
means for rcmedylng them and addressed the Senate
upon IT, lie reviewed the constitutional position OF tho
States the choosing Of Presidential sloctors, matter
he said entirely beyond the jurisdiction of the Naona
Government entirely without remedy redress on


It's part whatever disorders Irregularities or failures
may occur IN the appointment OF electors In any state


No provision is anywhere made for coutesng the cleo
ton OF electors ana whatever returns shall be made up
although produced whole in part by fraud or vo-
ence mus stand, and the vote be counted upon them
returned in tme There Is imminent danger OF revon-


ton 10 the nation whenever the result OF Presidential
election is TO determined by the vote OF State IN
which the choice Of electors has been Irregular or Is al


legged TO have carried by fraud or violence There
ought TO be such machinery Of government provided


that II would impossible that any man should ever
reach the Presidential char who not legitimaely
chosen thereto.


Clearly the trainers OF the Constitution did not con


template that President Of the Senate, In opening
and counting tho President and Wee President,
should exercise discretionary or Judicial powers In de-
termning between OF two sets OF electors or
upon the suficency validity OF the record OF the
votes of the electors any State bnt that he should
perform a merely ministerial act, Of which the two
Houses were be witnesses and 10 make record But
tho exercise of these high powers may devolve upon
him er necessiae rel aud whatever decision he may
make between the OF electors upon the sur
fciency aud validity record!of the voteswhether
the evidence of the right OF the electors to cast
votes or whether they have been cast in the manner
prescribed by the Constitution-hs decision Is final


There are said TO sets OF electoral votes at this
time the hands of the VcePresden from tho state OF
Arkansas and two from the State OF Louisiana; ana
which ever these he decides is the proper electoral
| ha
be received; and from his action there Is no ap
peal The action OF Houses in 1871 in regard to
counting the vote OF Missouri is no exception TO TINS
view OF the power the President Of the Senate for the
question in that not as to any trregulary
In regard to the electoral vote OF Missouri
but whether Missouri at that time State In the
Union and entitled to participate in the Presidential
election ALL which also the question In the cleo


ton of 1877 regard Indiana and in 1869 In regard 10
Georgia The President OF the Senate may indeed, be
impeached for high crimes and misdemeanors, should
he grossly violate his duty and thus fraudulenty count
or reject electoral votes but that would not amend te
record which had been made undo the wrong, help the
Presidential candidate who may have been cheated out
OF Office nor protect the nation from disorder ana civil



HOW WILL OF THE PEOPLE MAY BE DEFEATED


should happen upon the recurrence OF any one OF


the considered that the decision OF the President
Of the Senate should determine the result and give the
Presidency to the candidate who would otherwise have
been defeated or throw the election into the House OF
Representatives whore the candidate who had been re-


eced by the people should be elected by inc vote O e
States all can understand the imminent peril In which
the nation would be placed. BY the olnt
rule of the Houses adopted III lS55ln tne SPEAKERS
Judgment most dangerous cOntyance 10 the peace
of the nation ever invented by COneress-b ~
provided that whenever electoral vote Is objected
TO- the Senate shall rore to its Chamber ana eaeh
House shall separately consider the oolection,
the shah not be counted unless the two Houses
concur 10 that effect. IL the Houses disagree the
vote Of the State is lost THIS may result IN nc or III
defeated, in preventing either OF the canuuaes
from having majority OF all the votes ana thus throw
ing the election into the House OF representatives,
Each House decide the question without debate IN
a summary manner without investigation and without
adjournment Here Is "a powerful temptation 10
the House representatives. by uOneoncurrence, to
throw the election nto s own pouy anu & ,Is baI hsan
overwhelmingly beaten at the polls Ihe Two houss u.s.
nd bV noiticans ambitions exasperacd and tbirstng
for power who thus enabled by mere non-conc1r
and seize the administration of the Gov
ernment into the hands Of their party
The rule is an invitation TO partisans to make captQus
and factous objections. II makes the concurrent action
of the two Houses necessary where ~ should not De
and, to sum up its peIllous aosaTdity ls honsirons


lOgc its dangerous uncOnsttutlonaity IL places IN
the power Of defeated party which may happen to
Rave majority in either House, TO defeat election
by the people and to take the chances OF anarchy or OF


victory by throwing the election into the House or
REPRESENTATIVES.. But this extraordinary provision by
which either House is empowered 10 reject the vote Of


oinf rne Of the two Houses The Constitution provides
that each House may determine the rules OF ITS own
doing those Things which By the Constitution
aud laws, 1t has rghI 10 dVi buG suiiy 'S i cause
enable either House TO dsiraDcse states by rejecting


their electoral votes. The provisions OF this rule 10 nave
any validity must be embraced IN law enacted, which
has been submitted to the President for hs apprOva
and even as law II would be the most fearful enact
ment on the satuteboOk, comforting II does upon
either House the power 10 block the wheels OF govern
| ment and plunge the nation into anarchy.


The proposition that Congress has power to sit as can
vassng board the electoral votes OF the states
admitting rejecting them Tor reasons OF Us own sub
the whole theory by which their appointment was
conferred upon the States makes Congress the judge
OF the election and qualifications OF President and vice
President and by the operation OF the 22d joint rule
gives that to each House separately in Of
It's own members. There is such express power given


To Congress in the Constitution nor Is necessary to
carry any express therein gwen and It's
else would be i'll direct conflict with the known purposes
of the 20 make the executive aud legislative
departments nearly independent OF each other as
possible.


THE ELECTORAL COLLEGE USELESS FOR GOOD.


The theory of the Electoral College that body of
men should chosen for the express purpose OF eecng
President and Vice-Presdent who would be dstin-
guished by their eminent ability and wisdom, who would
be independent Of popular passion who would not be
Influenced by tumu caba or intrigue and that in the
choice OF the President they would be left perfectly tree
10 exercise their Judgment In the selection of the proper
person. In short the idea was that small body OF Sc
iect could be more safely ntrusted with the eec
whole body of the people. Now that democracy is
better understood, and popular government has been
more thoroughly tested we have learned that large
electoral bodies be safely trusted than small
ones that while it may be possible 10 corrupt small
the danger OF tumult, which ever present in the
minds of trainers OF the Constitution, arises chiefly
from the exclusion OF the masses from power
and conferrlng it upon few. That the
didates for electors should be pledged in
vance 10 vote for particular persons
only contemplated by the trainers Of the
Constitution. but expressly excluded by their
theory They to lie independent not Influenced by
preyous cOmmitas engagements 80 that when they
came together they could deliberate with perfect free
dom for the best interests OF the Republic. How
peely this theory has been overturned In practice for


more than 20 II ~ unnecessary 10 rece. the Elec
Colleges have turned out to be wholly useless Every
reason given for their original establishment has


nelY failed In practice. But while they pOweress