, 1873-02-14

conforming to joint rule arbitrarily created "
themselves, In one instance, they usurped
judicial authority by throwing out tho en'lre
Electoral votes OF two States; in another, they
usurped Electoral power by deciding mat
threa votes cast for Horace Greeley should
not be counted The exercise Oh 1nese
extra-constitutional powors is extremely onnger-
GUS, Had the election Of the President and
Vice President depended upon the vote OF Ar
kansas or Louisiana, tho refusal to count the
returns from these States might have led to re-
volt and even civil war. The time to take cog
nizance Of such possibilities ia when the country,
as now, is in state Of peace, and "hen so"e
new and simpler mode OF choosing tho ffe8loenE
and Vice President may be adopted without PFC
indjce to anv party or to any section OF the
| country.
Article XII, of the Constitution, after de-
scribing the manner in which the Electors shall
cast their votes and make their returns, provides
| that The "president of the Senate shall, In the
nraaenca Of the Senate and House Of Representa-
flTc8. CbGu ell LUG EolA11~0AS93 tAAAeN ~~A0 '~"~
| then be counted" The persons haTlng the
| greatest number Of votes shall then be declared
elected. The article further provides for the
election By the House Of Representatives, in case
there is no majority, hut there is nothing which
gives Congress, in Joint Convention, right to
70 beyond the mere counting Of the votes
| There is joint rule, however, by which Con-
| gress has declared that, whenever an objection
ia made to the counting Of any vote, the Senate
shal1 retire, each House shall deliberate eepa-
rately, and "no vote objected to shall be count
ed, except by the concurrent votes OF the TWO
Houses" It WAS under this rule that the EIec-
toral votes OF Arkansas and Louisiana were
thrown ont altogether, and the votes cast for Mr.
Greeley rejected. In the latter case, ono House
| voted in favor Of counting the votes, and the
other voted against it. That the rule ia entire
IL arbitrary is proved by the circumstance that
it fnds no authority in the Constitution. That
it is unjust and subject to gross abuse, IL
evident from the fact that one man, not an Elec'
tor, might ultimately determine Presidential
election. The single objection Of any Congress-
man necessitates separate delberation OF both
Houses, and ruling faction in either one o'
them could secure the rejection Of deciding
vote. It is obvious that such was not the inten.
ton Of the trainers Of the Constitution, and tht
danger is so apparent that it should never bt
permitted to present itself again.
The simplest method OF reforming the present
practices is in q constitutional amendment abol"
ishing the Electoral College. It is very general
J II agreed that this is 9 cumbersome, comphca1
J ed and useless machine, which has lost the in
J herent purpose for which it WAS originally es
tablished. It would probably have been abol
/ iahod long ago, had it not been for the SERIOUS
differences regarding the plan Of election Which
: should be substituted While Senator Morto'
} declared himself in favor Of direct pcpuia
election. be felt that such plan would NEE
> with great. and perhaps oVetpowering. opposl
= ton. because it would destroy the Fundamental
, principle Of choosing the President an
+ Vice President by vote OF States. l
yas in the ehape Of CONCESSION
: therefore, that he proposed voting D!
= districts. each state to have the same number o
t Presidential as Congressional Districts, and tn
II majority OF district votes to determine tn
II choice OF President. It will appear upon e.
d animation that such a plan would be equal
l. sub7ersire Of the Federal system. The Preslde1
10 and Vice President might almost as well
y chosen by the House Of Representatives.,
: directly representing the very same distrle
!, votes. No resort to direct popular VOTE or
J. ! vote by districts, seems to be necessary
10 cnra the evils that haye presented themselve
N The spirit OF the Constitution, and the pr1nelp
in OF the Federal Government, may both be r
a. tanned BY simple abolition Of the Electoral &c
u leee, and the direct return OF the stste vote
be Each State should have. as nov, number OF Pre
or ;aentia1 votes equal to the number Of Senate
ts and members Of the House OF Representatl'
to from thst State. The certidcation Of these Vot
40 by the Go1srnor, in cases where there va
ay DISPUTE, or BY the Supreme Court OF the Sta
i'd in contested elections, should render them Leg
te aud leave no discretion to Congress IN regard
counting Them: n ouch case. each State Won
be the Judge Of It's own election: + the Pre-
zon+;o, election occurred early in November, =
p' 7ot, ahonld be counted nnd certified to early
~ -. Decsmber, and t,ie fpal returns ahoula % aa
~ to tho President Of the United s:stes Senate
" be counted before both Houses Of Gongre
~ early in February. This would give two mont
y for ap appeal to the Supreme Court OF ca
% State, in case OF = contest, and the Law shot
~ " require the Supreme Court OF each State to ia
'o' immediate cognizance Of any contested Preside
tal yots, and DECIDE it before the time Of maxi
~ ~ tha aoal return to Congress. Such p|cn To1
'o' seem to retain the 7oto py States, dispense :"
~ the Electoral College and itH dangerous pEeFo
49, tives, and take from Congress its preseas ~
.rary privilege of refusing to count votes lega
" cast. as IN the rejection Of the three vctea
'ie ~ Horace Greeley, end deciding IN eeases Of c.
u' testing Electors. It Is possible that there
III o13 hat irnnrnrAn4e