Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-12-27


was one-a very influential member in that
body, and statesman whose Interpretation
Of the constitution is to this day held in as
high repute as that of any other authority.
The official record Is as follows
In Senate, April q, 1850" The credentials Of
the members present being read and ordered to be
filed, the Senate proceeded, by ballot, tothe choice
" Il President for the sole purpose Of opening the
certificates ant counting he rotes for President Of
the IHded States John Ianpdon ia member Of
the Constitutional Congentionl was elected On
drrcd That Mr. Ellsworth inform the House Of
Representatives that a quorum Of the Senate is
formed that q President is elected for the sole
purpose Of opening the certificates and counting
he rates NJ The electors " he arerd stdtes in the
choice OF y President and vice-Presdent Of the
United States and that the Senate il now ready,
in the Senate Chamber, 10 proceed in the presence
Of the House, to discharge that duty aud that
the Senate have appointed one Of their members
TO sit at the clerks table, 10 mdkcd list Of the roes
as they shall be dccimedi submitting it to the wis
dom Of the House to appoint one or more Of their
members forthelike purpose. -BmtoR's Abrtigo-
menf Of Uc Debf,s Of congress, volume !, pages
nine aud ten.
In the journal Of the House the foregoing
message Of Mr.. Ellsworth is recorded, and
following is this entry
"On motion, Resoircd That Mr.. Speaker, at.
tended by the House, do now Withdraw to the
Senate Chamber, for the purpose expressed
in the message Of the Senate, and that MIR
Parker and Mr. Hester be appointed on the
part Of the House to sit at the clerks table with
the member Of the Senate, and make n list Of the
rofcs, as the sdino StdH be dscldrcd ~ Beaioafs
infringement, volume !, page twenty-five
Now returning to the record OF the sem
ate, the conclusion is found-thus
"rhe Speaker and member. Of the House Of
Representatives attended ia the Senate Chamber
dad Ne, Presaieat elected for tie purpose Of count
~ he ,otes, declared that the Senate and House
ot Representatives had met and that he, in their
presence, had opened amt counted The rotes Of the
electors tor Prshieai ant ce-Presideat Of the
rHii,d Sfdss, which were as follows: there the
table Of votes was entered Whereby II appeared
that George Washington, Esq, was elected presi-
dent, and John Adams, Esq, ce-president Of
the United States Of America
Mr. Madison, from the House Of Representa-
tives, thus addressed the Senate. Mr. President
am directed by the House Of Representatives to
inform the Seuatc that the House have agreed
that the notifications Of the election of the Presi-
dent and Of the Nice-President Of the United
States, should be made by such persons and in
such manner, as the Senate shall be pleased ia
direct -BenioH's Abridgenent volume l. page ten
It thus appears that, by the joint action
Of the two houses, the functions of the Presi
dent Of the Senate, of the tellers, and of the
members OF the two houses, were clearly sci
forth that Of the President being 10 open
count and declare the electoral votes that OF
the tellers, 10 make a lsi Of The rotes as IL,
same shall be declared and that of members
Of the two houses, to attend as witnesses
The record Of the next election shows that
the Senate summoned the House 4" TO attend
the opening and counting the vote for Presi
dent" etc. aud that the certificates Of the
electors were "opened, read, and delivered
to the tellers for the purpose who, having
examined and ascertained the votes, pre-
sented a list of them to the Vice President
which list was read to the two houses
etc Whereupon the Nice-President (Johr
Adams) declared the results
The election OF 1900, it was known, would
be exceedingly close-as, in fact, it was, q
tie-and efforts were made in Congress tc
provide for settling disputed Presidential
elections. The debates indicated the same
divisions Of opinion which exist now, and
the project failed by disagreement of the
election, the Clerk of the House stated that
Gas the votes were read by the Nice-Pres
ident], the tellers on the part of each
house, counted and took lists of the same,
which is AN incorrect aud unauthorized
statement for the resolution of the House
providing for the joint meeting of the two
houses, expressly declared that the tellers
were :" to make list of the votes for Presi
dent and Vice-President of the United States
as they shall be declared that is, by the
Nice-President. In 1905, Vice-Presiden,
Burr fell into a similar error by saying to
the two houses, "You will now proceed
gentlemen, to count the votes as the constitu
ton and laws directs whereas the Joint res
olution provided that the telers shall "mak,
a list of the votes " as they shall he decldred,'
etc. Burr's " declaration consisted simply
in breaking the seals and handing the cor
] .pI;,a, 80. l., "a. -, A..
compared and recorded On this occasion
there were informal certificates from three
states, but no objection was made to them
and the votes of these states were counted
In 1909, the joint resolution defined thu
functions of the tellers in the same way anC
on that occasion occurred precedent which
touches the defect in the case OF the Repub
lican electors of Oregon. After the vote
had all been entered,
"Mr Hnhouse observed that the returns from
one OF the states appeared to be defective n
Goranor's certificate not being attached to a. IL
thought this might be rs proper n time to motto
it AZ any Nothing further being said on the sub
ject, however, the President Of the Senate rea,
the following statement Of the votes, as reporte'
10y the tellers, etc
In other words, the Nce-President in
cluded in the count the informal vote of tn
state in question. Without multiplying
more precedents, will cite the latest In m
possession, to wit, the proceedings at tn
election of Abraham Lincoln in 1861 tn
form of the joint resolution was unchanged
it providing that the tellers shall enter AM
compare the corresponding certificates a
they shall be declared by the President o
and complete designation Of the function
of the President of the Senate, of the tel
lers of the two houses and of the member
of the two houses, has been substantial
maintained from 1889 TO 1861, and Therefore
another rule Of Judge Story is eminentl
applicable, to wit "And after all, tn
most unexceptional source of collateral in
depreciation is from The practical opposition
Of he government ITSELF" These exposition
all agree that the opening aud delivery o
the certificates, 10y the President of the Sen
ate, is so far counting them by him, within
the meaning of the constitution; that tn
function of the tellers is simply clerical
to wit, to compare the corresponding certid
Gates of each state, enter the figures unde
the proper names, aud deliver their recor,
10 the President Of the Senate, who complete
he count, either by announcing the results
as on some occasions, or by delivering tn
report of the tellers TO the Secretary OF tn