CONSTITUTIONAL SOLUTION. 63 



"The President then proceeded to break the seals of the respective 

 returns, handing each return and its accompanying duplicate, as the 

 seals of each were broken to the tellers through the Secretary. Mr. S. 

 Smith reading aloud the returns and the attestations of the appoint- 

 ment of the electors, and Mr. Clay and Mr. R. Griswold comparing 

 them with the duplicate returns lying before them. According to 

 which enumeration the following appeared to be the result : 



"After the returns had been all examined without any objection 

 having been made to receiving any of the votes, Mr. S. Smith, on 

 behalf of the tellers, communicated to the President the foregoing 

 result, which was read from the chair ; when the Vice-President said : 

 'Upon this report it becomes my duty to declare, agreeably to the 

 Constitution, that Thomas Jefferson is elected President of the United 

 States, for the term of four years from the third day of March next, 

 and that George Clinton is elected Vice-President of the United States 

 for the term of four years from the third day of March next.'" 



Such being the natural construction of the language of the Consti- 

 tution — the reason of the matter — the contemporaneous and subse- 

 quent practice of the Congress — strengthened likewise by popular 

 acquiescence, certainly not opposed by the people, it is difficult to 

 understand why the country should not be rescued from impending 

 derangement and consequent industrial prostration by the Congress 

 executing its Constitutional duties of canvassing the electoral votes 

 at the appointed time for allowance, rejection and declamation — re- 

 alizing the patriotic sentiment of Mr. Webster in 1851 : 



"Ptespect the laws of your country, uphold our American Constitu- 

 tion as far as you are able, consult the chart and the compass, keep 

 an eye on the sun by day, and on the constellations, both of the 

 South and of the North by night ; and always feeling and acting as if 

 our United Constitutional American liberty were in some degree 

 committed to your charge; keep her, so far as depends upon you, clear 

 of the breakers." 



