The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-22

1 I.
are respectively to choose the President
and the Ncc-president should themselves
ascertain, in the presence of each other,
and 10y their own organs, whether the ext
| gcncy has arisen which casts upon them
respectively the duty Of making the choice
which the Constitution has. in such nm
overt. dcvolvcd upon each of them. In n
certain condition OF the electoral votes. the
nation would not derive from the action
of amy other fuuctionary or functionarics
that clear satisfaction that the exigency
hnd arisen, winch they would derive from
lis h'certainmcut Is n legal fact by the
| Two Houses Themselves. Is the two Houses
must concur in the legal declaration of the
tnct that there has been no choice by the
Electoral Colleges, there is no danger that
either House will improperly draw TO it.
self The choice of that officer whose ulti-
mate election is, in such nm event, COM
mittcd toit by the Constitution. Thus il is
! quite plain that the power ~ mako this
declaration should not be IN the hands of
the presiding officer OF one Of the two
| Houses.
For these reasons we maintain that the
sound construction Of The Constitution re-
| qures that after the seals of the certificates
have been broken by the President of the
Senate IN tine presence of the two Houses.
the Houses themselves shall in the presence
or each other count the electoral votes. bv
such committees, tollers. or other ORGANS
rs they may appoint for the purpose:
moreover such has been the uniform prac-
tee for long period of time.
we BOW proceed TO state what, in our
oninton IT," Constitution means by count
ing the votes. II is TO bc noted ihat ne
Constitution commits the choice of Il
President and Nice-prtsidemt, ia the first
instance TO Il body OF electors who are 70
be chosen in each state us its legislature
may direct. These electors are to meet,
to vote, and to make and sign and seal up
certificate Of their votes. These instrii-
mcnts. denomuated in the Constitution
"thc certificates, are to be- Transmitted to
the President of the Senate "scaled."
They are, in our opinion, not merely
prrna iaclc. but they are conclusive cyi-
drnce that the Electoral Colleges Of the
states from which they come gave the
votes which they purport 10 certify.
We can conceive of no reason why the
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they gave. excepting that it was required
in order 10 give legal verify 20 the contents
of the certificates, For tn same rcas SON we
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