The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-10-26
The amendments of the Constitution was

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adopted. ........ |
This article prescribes that the Presi-
Dental Electors shall meet in their re-
spective States and vote by ballot for
President and for Vice President sepa-
rately; make lists of the persons voted
for, and OF the number Of votes for each;
certify and sign these lists, and transmit
them sealed to the President Of the Sem
ate at Washington. At time fixed by
law, the President of the senate, in the
presence of both branches of Congress
in joint convention, is to open all the
certificates and the votes are to be
counted by tellers thereunto chosen;
and upon such count the President OF
the Senate is to declare the result.
This is, in brief, the whole procedure
fixed by the Constitution as the mo de of
conducting the election OF President and
Vice President of the United States,
except as to cases Of tie vote, or where
no candidate receives a majority. Set
ting aside these latter contingencies as
impossible in the present election, sup
pose such contingency should arise as
we have alluded to, where the vote Of
any State should be found from any
cause Objectionable, and should be OBJ
jected to; and its admission or rejection
become decisive of the electoral yote,-
by whom, or by what body, could objec-
tion be nader BY whom, by what body,
by what tribunal, could the question
raised by that objection be settled and
| determined? There is absolutely moth
| ing in the Constitution indicating an an
swer to these questions.
1t is true that there is an act of Con-
gress declaring that mere informality in
making these returns by the State Elec
tors shall not vitiate the vote as re-
turned. There was also joint rule o1
the two Houses referring to this subject,
and providing for the time, manner, and
reason or cause of making objection tc
the electoral vote of any State. But that
rule had expired by its own Limitation
and was not re.estahlished by the con
current action of both branches Of Con.
gress. 1t is consequently not now bind
| ing upon either.
But, assuming that such a joint rule
were existing and in full force, coult
that be considered the suitable form ant
mode for regulating this most importan
matter? Upon the issue of such al
event the peace OF the nation might b
poised: Would the ephemeral function
, of a joint rule of Congress, that might b
at any moment suspended, or rescinded d
be sufficient as safe depository OF thl
momentous issue? Would even an act @
Congress on the subject, at all time
subject to repeal or modification as th
will of a bare majority might desire, b
!, regarded as a suitable and suflicen
safeguard against the evils that Nigh
, possibly spring from such state G
things?
Such matter, even now thrust upo
public attention as not an improbabl
contingency in our Immediate future
: should be provided for by a Constitr
tional amendment in such wise as
meet and cover every such contingenc
= hereafter. A matter of this momentou
= import belongs entirely to the solem
functions of constitutional prescription
and should be embodied in the suprem
4 law of the land, where only 1t would b
safe from legislative repeal or modific
ton. We trust and believe that tt
. present election will not eventuate so
to involve the mooted question. Bl
~ circumstances point to the possibilli
i of such an event; and that bare poss
. bilitv is sufficient to declare the nee
u of such constitutional amendment,
y order that SO dangerous contingent
~ may never again recur without amp
u provision for peacetal settlement.