Counting the Electoral Votes

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Excerpt from Counting the Electoral Votes: Speech of Hon. Horatio C. Burchard of Illinois in the House of Representatives, January 18, 1877 The House having under consideration the report of the committee on the privileges, powers, and duties of the House of Representatives in counting the Vote for President and Vice-President of the United States. - Mr. Burchard, of Illinois, said: Mr. Speaker: I agree with the sentiment expressed by the chairman of the select committee [Mr. Knott] at the opening of his remarks. A grave and important duty devolves upon the House of Representatives in regard to the counting of the electoral Votes. It is now by the resolutions of the majority brought to the consideration of its constitutional powers and the denial of the powers of others in ascertaining the result of the election for President and Vice-President of the United States. The resolutions of the majority assert for the House an almost unlimited power in the disposition of the questions that may arise upon the reception or count of the electoral votes forwarded to the President of the Senate. The gentleman from Kentucky in his able argument insists that, as the Constitution disqualifies certain persons from being electors therefore the power is not only vested in Congress to legis ate upon the subject, but, as the resolutions which he sustains unqualitiedly assert, the power is vested in the House to decide upon the qualifications of the electors and also to examine whether a State has properly exercised its functions and duties in the appointment of its electors, and reject any vote the House sees fit. That involves the great constitutional question whether the Congress, whether the Federal Government, has the right to review the proceedings of a State in the election or appointment of any fit. The gentleman claim article relating to the qualifications of electors Who shall not be appointed electors, therefore this House of Congress can reject the votes of any electors it may deem to be disqualified. If that be true, then the same must be true of other clauses of the Constitution which impose limitations upon the right of a citizen of a State to exercise a State office. A Article 6 provides that Senators and Representatives in Congress, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support the Constitution of the United States. That would give the right to Congress, according to the argument of the gentleman, Whenever the acts of an officer of a State are presented here before the House, to inquire into the collateral question whether or not that officer was disqualified by reason of not having taken the oath so prescribed. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.