Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-03-12
The Choice of a Presiden

Senator Sherman, of Ohio, has introduced
in the United States Senate series of reso-
lutions defining the constitutional provisions
for the election of President by the Electoral
College or by the House of Representatives.
The question has been raised whether ma
jority Of the Electors actually appointed and
qualified, will be sufficient to elect Presi-
dent 1t is also inquired whether in case the
election should devolve upon the House Of
Representatives, a ma jority of the States ac-
tually represented in that body will be suffi-
cicnt to effect a choice. 1t is apprchended
that next November some Of the States will
not choose Electors or have Representatives
at Washington, and there is 4 natural anxiety
to have the above question decided in ad-
vance. Sherman proposes that Congress
shall affirm the sufficicncy of a ma iority OF
the electoral votes actually cast in a ma jority
of the States actually represented in Con-
gress. A careful reading of the twelfth
amendment to the Constitution causes us 10
wonder why there should be any doubt as to
the number Of Electors required. That
amendment provides that 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
number of votes for President shall be the
President, if such number be majority Of
the whole number Of Electors appointed"
II no Electors be appointed i'll South Caro-
lima, for instance, the vote to which that
State would have been entitled cannot be
counted at ali. The only evidence before
the Congressional Convention as to the NUM-
Der of Electors appointed will be the ccrtlii-
Gates which are to be opened in accordance
with the provisions of the Constitution.
Sherman's second resolution merely aiiirms
what is already clear:
ReSolred, That if majority Of the Presi-
dental Electors, duly appointed and quail
fed, vote for one person, he is the President.
The third resolution reads as follows:
Rcsoired, That if the election Of President
deyolyes ON the House of Representatives,
and the vote Of majority Of the States repre-
sented in the House be cast fer one person,
he is the President.
The twelfth amendment to the COnstitu-
ton, referring to an election by the House,
SAYS "a quorum for this purpose shall con-
sist of member or members from two-th!rds
of the States, and majority of all the
States shall be necessary to choice. When
Senator Sherman proposes to substitute for
the language of the Constitution "thc vote OF
majority OI inc StdtCs IepItSeIt'u ia pie
House, he invites Congress to transcend
its constitutional powers.
Practically, we do not apprehend any
serious difficulty in determining the choice Of
President. From present appearances,
there will not be more than six States with
out loyal Governments next November, to
wit: North Carolina, South Carolina, Geor.
gia, Alabama, Mississippi and Texas; and
North Carolina and Texas are not beyond
hope of reorganization in time to participate
in the choice Of Chief Magistrate. Either
the candidate Of the Baltimore Convention
or the candidate of the Chicago Convention
will receive a majority of the votes Of the
Electors "appointed" and be declared elected
in accordance with the ConStitution.-Soc.
Union.