The Life and Work of James A. Garfield, Twentieth President of the United States / Embracing an Account of the Scenes and Incidents of His Boyhood; the Struggles of His Youth; the Might of His Early Manhood; His Valor As a Soldier; His Career As a Statesman; His Election to the Presidency; and the Tragic Story of His Death.

by John Clark Ridpath

“There was a later act—of 1845—which gave to the States the authority to provide by law for filling vacancies of electors in these colleges; and Congress has passed no other law on the subject.

“The States having created them, the time of their assemblage having been fixed by Congress, and their power to fill vacancies having been regulated by State laws, the colleges are as independent in the exercise of their functions as is any department of the Government within its sphere. Being thus equipped, their powers are restrained by a few simple limitations laid upon them by the Constitution itself: first, they must vote for a native-born citizen; second, for a man who has been fourteen years a resident of the United States; third, at least one of the persons for whom they vote must not be a citizen of their own State; fourth, the mode of voting and certifying their returns is prescribed by the Constitution itself. Within these simple and plain limitations the electoral colleges are absolutely independent of the States and of Congress.

“One fact in the history of the Constitutional Convention, which I have not seen noticed in any of the recent debates, illustrates very clearly how careful our fathers were to preserve these colleges from the interference of Congress, and to protect their independence by the bulwarks of the Constitution itself. In the draught of the electoral system reported September 4, 1787, it was provided that Congress ‘may determine the time of choosing and assembling of the electors and the manner of certifying and transmitting their votes.’

“That was the language of the original draught; but our fathers had determined that the National Legislature should have nothing to do with the action of the colleges; and the words that gave Congress the power to prescribe the manner of certifying and transmitting their votes were stricken out. The instrument itself prescribed the mode. Thus Congress was wholly expelled from the colleges. The Constitution swept the ground clear of all intruders, and placed its own imperial guardianship around the independence of the electoral colleges by forbidding even Congress to enter the sacred circle. No Congressman could enter; and, except to fix the day of their meeting, Congress could not speak to the electors.

“These colleges are none the less sovereign and independent because they exist only for a day. They meet on the same day in all the States; they do their work summarily in one day, and dissolve for ever. There is no power to interfere, no power to recall them, no power to revise their action. Their work is done; the record is made up, signed, sealed, and transmitted; and thus the second great act in the Presidential election is completed. I ought to correct myself; the second act is the Presidential election. The election is finished the hour when the electoral colleges have cast their votes and sealed up the record.

“Still, there is a third step in the process; and it is shorter, plainer, simpler than the other two. These sealed certificates of the electoral colleges are forwarded to the President of the Senate, where they rest under the silence of the seals for more than two months. The Constitution assumes that the result of the election is still unknown. But on a day fixed by law, and the only day of all the days of February on which the law commands Congress to be in session, the last act in the plan of electing a President is to be performed.

“How plain and simple are the words that describe this third and last step. Here they are:

“‘The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.’

“Here is no ambiguity. Two words dominate and inspire the clause. They are the words open and count. These words are not shrouded in the black-letter mysteries of the law. They are plain words, understood by every man who speaks our mother-tongue, and need no lexicon or commentary.

“Consider the grand and simple ceremonial by which the third act is to be completed. On the day fixed by law the two Houses of Congress are assembled. The President of the Senate, who, by the Constitution, has been made the custodian of the sealed certificates from all the electoral colleges, takes his place. The Constitution requires a ‘person’ and a ‘presence.’ That ‘person’ is the President of the Senate; and that ‘presence’ is the ‘presence’ of the two Houses. Then two things are to be done. The certificates are to be opened, and the votes are to be counted. These are not legislative acts, but clearly and plainly executive acts. I challenge any man to find anywhere an accepted definition of an executive act that does not include both these. They can not be tortured into a meaning that will carry them beyond the boundaries of executive action. And one of these acts the President of the Senate is peremptorily ordered to perform. The Constitution commands him to ‘open all the certificates.’ Certificates of what? Certificates of the votes of the electoral colleges. Not any certificates that any body may choose to send, but certificates of electors appointed by the States. The President of the Senate is presumed to know what are the States in the Union, who are their officers, and, when he opens the certificates, he learns from the official record who have been appointed electors, and he finds their votes.