Letters and Literary Memorials of Samuel J. Tilden, v. 2Tilden, Samuel J. (Samuel Jones)
History
Letters and Literary Memorials of Samuel J. Tilden, v. 2
Tilden, Samuel J. (Samuel Jones)
Tilden, Samuel J. (Samuel Jones), 1814-1886
Yours sincerely,
"AUGUST BELMONT."
* * * * *
The editorial of the _Sun_ here referred to, after giving in detail
the provisions of the Constitution for the counting of the electoral
votes for President and Vice-President, proceeds to give the advice
which so disturbed Messrs. Belmont and Barlow:
"We[16] now proceed to state what, in our opinion, the Constitution
means by counting the votes. It is to be noted that the Constitution
commits the choice of a President and Vice-President, in the first
instance, to a body of electors who are to be chosen in each State
as its legislators may direct. These electors are to meet, to vote,
and to make and sign and seal up a certificate of their votes. These
instruments, denominated in the Constitution 'the certificates,'
are to be transmitted to the President of the Senate 'sealed.'
They are, in our opinion, not merely _prima facie_, but they are
conclusive, evidence that the Electoral Colleges of the States from
which they come gave the votes which they purport to certify.
[16] New York _Sun_, Wednesday, November 22, 1876.
"We can conceive of no reason why the Constitution required the
electors to make and sign and certify lists of the votes which they
gave, excepting that it was required in order to give legal verity
to the contents of the certificates. For the same reason we hold
that to 'count the votes' so certified does not import or imply a
power to inquire into the legality, sufficiency, or regularity of
the appointment of the electors whose appointment is duly certified
by the State authorities whose duty it is to give to the two Houses
of Congress legal information of that appointment. It will never do,
in our judgment, to draw analogies for the government of this matter
from the practice of legislative bodies in judging of the rights
of their members to seats. That practice rests upon an express
constitutional provision; and it is from that express power to
determine the legality of an election that their whole authority to
go behind the certificate of a sitting member is derived.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account