The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-15
Counting the Electoral Votes.

From The ~. Y. Times.
We hope the recent experience of Congress
will have the effect of showing that body the
wisdom and necessity OF making some further
provision, by law. for counting the electoral
votes, and asoertaining whom the people, at
any time, have chosen to be President and
Vice. President of the United States.
The Constitution provides for this necessary
service only in the most general way, leaving
the details in this, as in most other cases. to
be supplied by law. 1t merely prescribes that
the sealed certificates sent from the several
States, inolosing their electoral votes, shall be
opened by the President of the Senate, in the
presence of the Senate and House of Repre-
sentatives, and that the votes shall then be
counted. But whether this coming together
of the Senate and House of Representatives
shall be in convention, which becomes a
distinct and Independent body, and if so
who shall preside over it, by whom rules
shall be made for regulating its proceedings,
how questions that may arise during its ses-
sion shall be entertained and how decided,
whether each house may dissolve it by with
drawing, or whether neither can do so, and
it can only be dissolved by its own action
all these and many other points that are or
may become of very great Importance in con-
nectiOn with the general object to be at
tanned, are left by the Constitution wholly
unprovided for. All eminent commentators
on the Constitution have remarked this de-
feet, and have urged the duty of supplying it..
This can be done by legislation-by law,
duly enacted by Congress. 1t is not matter
to be controlled or regulated by joint ruleS, for
it is not in any sense joint action of the two
houses. The only special action enioined by
| the Constitution in connection with it is i'm
posed upon single individual-the President
of the Senate-and the only duty imposed
| upon the Senate and House of Representatives
is that of being sin his presence" when he does
| it, 80 as to be witnesses of his action. General
Butler very properly asks what good can that
| do, If they have no power to correct what they
may see wrong in that action; but Mr.. Shella-
barger very properly answers, perhaps it can
| do no good, but that is all they are empowered
by the Constitution to do in the matter. The
defect must be supplied by law. Neither the
Senate nor the House can adopt rules, acting
| separately or by joint action, for the govern
| ment of body distinct from either, and yet
uot organized by any law as identical with
both. Those rules must be adopted by the
body itself, or must be prescribed by law.
General Butler declared that the joint reso-
luton declaring that the vote of Georgia should
be counted, and prescribing the form in which
it should be declared, was invalid because un-
constitutional; and in this he was doubtless
correct. That joint resolution was not law,
because il lacked the approval and signature
OF the President, nor was il Joint rule OF order
as it had nothing to do with the order of bust
ness in either house, nor in any body subject
to the control of either. 1t declared what
should be done with the electoral vote of 8
State. II Congress has control of suoh ques
tion as that, IL certainly cannot exercise 1t II
any manner less formal and emphatic than by
the enactment of a law.
Congress ought, therefore, at an early pc
riod OF the next administration to pass a law
to regulate this whole matter of counting the
electoral votes. 1t ought to define and M
the character Of the meeting OF the two houses
in which this ministerial act is to be per
formed, and determine how it shall be or
ganized and how rules shall be adopted TO
the regulation of its proceedings. We shal
then be able TO avoid such embarrassment
and conflicts OF authority as were experiences
on the receut counting of the votes, as well
other difficulties of much more formidabl
nature which may arise hereafter.