Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1876-11-22
THE vOrEs

The Constitution Of the United States,
after prescribing the electoral system Of
making . President and Vice President
Of this country. proceeds to declare how
the votes shall DO counted. and how the
decision On the election shall be rem
dsrsd. The provision % this subject
reads q follows:
THE President Of the Senate shall.
in the presence Of the Senate and House
Of Representatives. open al the sertih-
Gates. and the votes shall then b count
cd. The person having the greatest
number Of votes for President shall be
the President u such number Be . ma
iority Of the whole number Of electors
appointed; aud II no person have such
majority. then from the persons having
the highest number. not exceeding three.
ON the list Of those voted for - Prssi-
dent. the House Of Representatives shall
chooss Immediately. by ballot. the
President" etc.
II will b noticed thA, the above pro-
vision IL dscidsdly indefinite In its ssrms.
1t IL an amendment to the original Con-
stitution. and certainly the experiences OF
years should have given u Legislators
wisdom enough TO frame this amend
msnt in such = form that there could BE-
NO dispute In regard to its meaning in
the future. But IL seems thai they did
not learn the wisdom. A . matter Of
law. II Ia just a. uncertain now whether
the House or Senate oAn prossst against
the counting of . disputed State a. It
was when the original founders OF our
Republic signsi the Consultation. Ac-
cording to the letter Of that document.
the President Of the Senate opens end
counts the votes. aud 10 the sole judge
Of the authenticity and validity Of the
electoral certificates. This vss the
Wow taken BY Chancellor Kent. vhe. In
'''' 'n"s o"'
to his pupils in Columbia College. New
York. rave u a his opinion .Aa' 'ss
fresidsn' OF the senate vas'ns only
person authorized 70 count .ns 'otss
anu declare upon 'Asf ndi
th"n predicted thai uoaoi misa' event
ually arise from the uncertainty lsf' oy
the teAt OF The Constitution.
As the Constitution leit this natter 80
completely in the dark, Congress il
lssj ul,pteds e. Joint rule" prsssribinr
the method Of counting the yo.ss. Ae-
corLing 10 this rule. 10 n member Of
either hous. objected to the counting Of
n State. both houses should ~ int. 80.
er,t se..iop. and unless beth bodies
eoncurr.d In ~ssc.ptiny il. the electoral
vote should 10 rejected. Precisely What
right Congress had to mako sush . rule
has never yet been discovered. II there
arc defects in the Constitution. the
proper way to remedy them 10 by amend.
msnt. II the President Of the Senate Ii
the sole constitutional judge VI ,hs va
lidity NJ . vote for President. Congress
has no right to deprive him Of his OH
eial rights by legislation. but this vas
done in 1866. and the presiding oficsr
Of the Senate. by thus allowing his pre-
negatives 10 he taken from him. has e.
tablishsd a precedent which 10 pregnant
Of trouble in this centennial year.
She Senate Of the present Congress
...,o., ,,;. ,o;,, ,,,. J,s,, an. Ia,
"P. ~
session. Hut the Democratic House
maintain. that IL h, still In force. ON the
-, - t..
s'ouna 'nA' Jo'n' iu'' Gu" 'a'' "
pealsd by both branches OF Congress. II
4. not prob.bls that mi. nlsa ran he
maintained. but IN any event. ~heh
the Democratic House puts il forward.
,h..xmh.,,o,h,. u,.. 6,h, ~h;.h
10 To come results In q victory or 'he
House, Republican electoral votcs will
h. ,,,o., o,, !, x.., .rrh.,. x;,h
v;.- % ,, ..,..,;..o,s.mn.,J TILL,
matt, AZ ..lt,,o,..,;on An. RI.
publican seuat. will throw ON, Demo.
cratic s,a,... anil IN. anil of ,hs vhols
m.,,s, will n. anarchy an, .-o,,,.;,,
On mi. malta, ~ tain, ,n,.. n.,.
.,.v.. D;,.., It'll, !. /. -,
.,,,o,;,v IN co,.,... r.. a.. 81
ing