The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong CountField, David Dudley
History
The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong Count
Field, David Dudley
Presidents -- United States -- Election -- 1876
If, therefore, the persons assuming the office are not appointed _by
the State_, and _in the manner_ directed by the Legislature, they are
not electors; that is to say, they are not electors _de jure_;
electors _de facto_ they can hardly become, since their functions
exist but for a moment, and with one act they perish. What is an
appointment by the State? How can _a State_ appoint? I answer, by the
people, the corporators of the body politic and corporate, or by one
of the departments of its government, as established by its
constitution. The power to appoint cannot be renounced or divested. It
must ever remain in the State, a living power, to be called into
action at each recurring election. It cannot be delegated, except as
the different powers of the State are by its constitution delegated to
its great departments of government. If it were otherwise, it might be
delegated to a foreign prince, and delegated in perpetuity. It is no
answer to say that such a delegation _would_ not be made, the question
is, whether it _could_ be made, without violating the Constitution of
the country? I insist that it could not; and that if the Legislature
of New York were to authorize our friend the Emperor Alexander, or our
excellent neighbor the Governor-General of Canada, to appoint the
thirty-five presidential electors to which New York is entitled in the
sum total of the electoral colleges, and the electors thus appointed
were to receive the certificate of the Governor of New York, and to
meet, vote, and transmit their certificates to Washington, the votes
might be lawfully rejected. Such an occurrence is in the highest
degree improbable; but stranger things than that have happened. The
Empress Catharine intervened in the election of the kings of Poland,
and the interference led to the downfall of the government and the
blotting of the country from the map of Europe. Indeed, I venture to
express my belief, that such an intervention of foreign influence
in our elections would have been hardly more startling to the
imaginations of our fathers than the spectacle which our own eyes have
seen; federal soldiers removing representatives from the Capitol of
one State, and stationed at the doors of another, to inspect the
certificates of members elected to its Legislature.
Public-domain text, read in full here on John Shaqi.
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