Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-10-28
CeunsiDg the Electoral Vote.

The danger which will threaten the coun-
try In case OF q close vote at the coming
Presidential election, owing 70 the defective
system Of counting the electoral vote pro-
vided by the constitution, must be painfully
realized by all thoughtful men. The twenty
second joint rule, now no longer in opera
ton, vicious as IL was, did provide certain
system, but the constitution, which Is now
the only guide, says In effect that the votes
shall be opened by the presiding officer and
they shall then be counted. BY whom they
shall be counted II falls to specify, but here
tofore, by common consent, the presiding
of1cer OF the Senate has virtually performed
that duty. The New York Times, in COM
menting on the possible danger attending .
disputed election, says 10 should be remem-
bered that wa have never approached the
precise danger which now may be ahead of
us. We have never seen time when con-
test on this point would be so complicated,
would awaken such bitter passions, or
would be likely TO be more obstinate. Great
closeness In the election would make q con-
test, IL not probable, at least possible. II
bjectiOn should be made, next February, to
the counting Of q sufficient number of votes
to prevent either of the candidates receiving
q majority, there would instantly arise pre-
tensions, based on grounds OF q certain
plausibility, which no human tribunal
could decide. and which would have To be
disposed OF, If at all, by an incredible de
gree of wisdom and foroearance on bosh
sides.
But under the Constitution nothing what
ever Is said in regard TO objecting to the vote
of state. 1t simply says "the vote shall
be counted. This would seem to be manda
tory. The Times supposes, for Instance, that
the vote OF South Carolina Is objected to on
haf Sfof
In the state At the time of the election. The
vote of New York might also be objected to
on the ground of extensive frauds. This pro
cess might go on until either candidate had
majority of all the votes. when the cleo
ton would devolve on the House. This
would be the result under the twenty
second joint rule; but this rule, Ii must be
remembered, II no longer IN existence. The
provision of the Constitution which takes
the place Of this rule does say, however,
that In case no candidate is found to have a
majority of all the electoral votes cast the
House shall Immediately proceed to elect.
It's might be construed by soma to imply
that the votes Of states objected to might be
thrown out, but the inference would hardly
be . fair one. 1t Is held by many, aud with
. good show Of reason, that the presiding
officer of the Senate is vested under the Con-
stitution with the power OF counting such
votes as be pleases, and of deciding all ques
lions OF proceed ure as they arise. He night,
therefore, rule out OF order all objections to
counting the vote of certain states, and in
cases where there are two sets of returns
would count whichever one he chose.
1t is quite PROBABLE that when the two
houses meet in December they will adopt
some system, specific IN all its details, by
which the vote can be counted. It is not
unlikely that the discussion on this import
ant subject will be prolonged far into the
session. Should Hayes be elected by q small
msjortty, the democrats would doubtless
endeavor TO resuscitate rule twenty-five.
while the republicans would want a new
rule which would preclude the probability OF
IN election by the House A. any rate, the
matter must be adjusted before the second
wednesday In February, when both house,
meet tn COUNT the yofa