Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-11-17
counting the E.eetor.l votes.


cd IN the Constitution Of the United State
The constitutional provision on this subje
is as follows:
1.-The electors shall meet in their respe,
tive States. and vote by ballot for Preside,
and Vice-President, one of whom, at leas
shall not be an inhabitant of the same Stat
with themselves; they shall pame in thei
ballots the person voted for as Presiden,
and In distinct ballots the person voted f.
as Vice-President, and they shall make di,
tinct lists Of all persons voted for as Pres
dent and OF all persons voted for as Vice
President, and the number of votes for each
which lists they shall sign and certify. an
transmit sealed to the seat Of the Govern
ment OF the United States, directed to tn
President Of tho Senate. The President G
the Senate shall, in presence of the Senat
and House of Representatives, open all tn
certificates and the votes shall then be count
ed. The person having the greatest numbe
OF votes for President shall DO the President
II such number be majority Of the Who'll
rumber of electors appointed; and If n
person have such majority, then from tn
persons having the highest numbers, no
exceeding three, on the list of those vote,
for as President, the House of Representa-
tives shall choose Immediately, by ballot
the President. But in choosing the Presi
dent, the votes shall be taken BY States, tn,
representation from each State having on,
VOTE"
Congress is required by law to be in ses
SION on the second Wednesday of Februar,
"ior the purpose of counting and declaring
the vote. The constitution does not in term,
confer any power on either House in reference
to the subject; but they are to be present
when the vote is counted.
From 1899 to 1865 the practice was 70,
the two Houses to make an arrangement by
which the votes for President and Vice Pres.
ident would be counted The usual mode
was to appoint n joint commission of the
TWO houses to report the manner in which
the electoral vote should be counted. That
commission would generally consist of three
members Of the Senate and five of the House.
and would report a method of counting the
electoral votes, which would be that tellers
should be appointed on the part of the SEN
ate and On the part Of the House. and the
two houses should meet together on the
second Wednesday of February, when the
certificates should be opened by the Presi-
dent of the Senate and the electoral votes he
then counted This was the practice until
the twenty joint rule was adopted in
100. That rule was adopted to meet the
contingency OF the appearance okshe electoral
votes OF certain of the unreconsiructed South
ern States, and it provided that no vote should
be received, n which either House objected
That rule was abrosated Mt the last session
OF Congress, and the matter now rests solely
on the Constitutional provision.
There have been cases where objection has
been made to the receipt Of the vote of
a State; but none, We believe, in which the
vote OF State has been rejected. The most
notable case was in 1857. The electors of
Wisconsin had for some reason met and
v)tsd on the day after the day fixed BY law.
When the votes were opened and counted.
including the vote Of Wisconsin. Hum, brey
Marshall, Of Kentucky. rose and rais ID the
question Of the admi>sitility Of the vote OF
Wisconsin. The President OF the Senate.
james NJ. Mason, of Virginia. refused TO en-
terrain the question, and having proclaimed
James Buchanan elected. left the chair.
There was good deal Of ta.b in the two
Houses subsequently over the case bot no
definite action wss taken. Apparently a.
the case stands at present, the President Of
tie Senate has plenary power over the
counting and can alone determine the result.
Such at least. is the view of Senator o. p
Morton, who has given attention to the sub
leci, and has repeatedly tried in vain 10 get
a law passed 10 establish q definite rule in
the case. lie says in letter recently pub
li-hed
Unless further action is had by Congress
before the day fixed for counting the votes
in February, the count will have to be made
under the general direction Of the Constitu-
iional provision. This provision leaves
several important things open to eoustruc-
lion. The votes Of the several Electoral |
Colleges are 10 be sealed up and sent to |
he President Of tie Senate. aud ty him 10 |
be opened only and for tie first time in the |
presence of the two Houses when they are
$50 mb.ed 10 witness the counting of the /
'ote. 1t has generally been considered |
hat the two Houses are assembled, not a.
ONT contention, or as constituting one BODY /
made up of the members Of each House. but
hat each Is present in It's own capacity 10
witness the counting Of the vote The Pres
dent Of the Senate Is TO open the packages
ontainlng the Electoral votes in the presence
It the two Houses. D." and the votes shall
hen be counted" By whom shall the votes
C counted, and who shall determine and
ron0uncc the result? II the two Houses thus
ssembed do not constitute pint conven-
ion, with the power in that character 10 count
be votes and determine the result. then the
wO HOUSES can not act at all except each
n is separate capacity, and acting IN that
Tay they could take no action which would
e Of binding character unless both Houses
oncurred in II. IT the two Houses can not
bus determine the result and count the
otes, then It must be done by the President
( the Senate, and it Will be for him to de-
,Tmine and announce the result"
Gen B. F. Butler has given an opinion
n the subject, which conflicts directly with
IT, Morton's view He says
The counting of toe votes implies scruti-
: Of them. W hoever has the counting in
iarge must be convinced that they are not
auduleut. and that the certificate is cor
ct and Just one. Would not the counters. {
hoover they may be, be entitled to examine ,
I'd sec whether the certificate was a forged
le , II they can examine the certificate IN
&c particular, II would seem clear that they a
MD examine II in ell therefore | am ui I
e opinion that whoever has the counting :
the votes must have right to scrutlnre @
en- in every particular, and if from any a
Use any Of them are deemed fraudulent, a
ey are to be rejected Then the question a
mes 10 Us, VINO Is to count the votes
i the President of the Senate, for he is =,
open all the certificates, and the votes !,
all then be counted
The constitution seems not to be explicit
to who is 10 count. But why bring to-
Their both Houses If they are not to count .
take part in the counting? Surely both J.
uses would not be called together simply Il
witnesses. Now We are without law on
; subject, and the joint rrle OF the two p
uses has been annuiled. Ii would seem,
roiOre, that both Houses must agree upon \
ne plan by means of which the counting ell
il bo done, or they are without any guide. Il
would seem ia follow that each
use would be a check on the other, be- te
sc either House has only to withdraw m
N the contention, and then the counting 81
not be done in the presence of both
uses. 1t is difficult. therefore, TO see how
vote OF any State can be counted with ca
both Houses agree e" af
they do not agree, Gen. Batter thinks by
re could be no election AID if the 18th yo
March comes without an election, then ne
sdent Grant would hold over, the genius vi,
all government being that the executive Co
It never lapse. sir
----- tn
'ge William Chris. on the Shan Indepen- III
dent Press. res
IT, Curtis, in the last number OF Ha,per's p ps
lily, expresses his opinion Of the dis Tn
,sty and treachery of the Springfield as
4biiean. Nation, and Others of the So IN
d "Independent" papers, in the follow NOV rao,