Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-12-15
The Electoral Vote.
WHO IS REQUIRED TO COUNT 1T ?

The United States Constitution directs the
Electoral lists to be certified, sealed, and
transmitted to the seat Of Government OF the
United States, and that "the President OF
the Senate shall, in presence of the Senate
and House of Representatives, open all the
certificates, and they shall then be counted
This is all there is about it. Who shall
count the votes? One claim is that the
President of the Senate. must count the
votes, and that the two Houses are to be
presen. only as witnesses. The other view
il, that the two Houses must count, and
that the President Of the Senate las no
function except to break the seals.
Unjust be allowed that the statesmen who
made the Constitution understood which OF
these interpretations is the true one. Now
the record, as set forth in the Madison pa
pers, shows that the Constitution, having
been perfected and engrOssed. was signed by
the delegates who framed it on the llth
day Of September, 1877. On the same day
the Convention adopted two resolutions, and
then adjourned SINE de The first resolu-
ton provided for laying the Constitution
before the Confederate Congress, and re-
commended the manner OF its submission to
conventions Of the States for their assent
and ratification. The second resolution
(Which n;erprets the clause directing The
count Of the Electoral yotes) is as follows
Resolred, That it is the opinion OF
| this Convention that US soon as the con-
yentions OF nine States shall have ratified
this Constitution, the United States in
Congress assembled should tx a day on
which Electors should assemble to vote
for the President. and the time and place for
commencing proceedings under this Constr
tuition. That after such publication the
Electors should be appointed, and the Sena-
tors and Representatives elected that the
Electors should meet on the day fixed Tor
the election of the President, and should
transmit their yotes-certifed, signed, sealed
and directed, as the Constitution requires
to the Secretary of the United States IN Con
gress assembled that the Senators and Rep
resentatiyes should convene at the time and
place assigned that the Senators should
appoint President Of the Senate, for The
sole purpose Of receiving, opening and count
lng the votes for President and that alter
he shall be chosen, the Congress, together
with the President should, without delay
pr oceed to execute this Constitution.
This is declared over the signatures Of
Washington and the Secretary Of the Con
yention to have been adopted "by the imam
nous order of the convention The resolu-
tons were exactly carried out. The Cousti-
tution,was adopted,.th members Of the two
Houses and the Presidential Electors were
elected and appointed, the electoral votes
were transmitted, duly certified, signed, and
sealed up the Senate assembled and ap-
pointed President for the sole purpose
Of receiving, opening, and counting the
votes :" the two Houses convened, and the
venerable President Of the Senate (John
Iandon, one Of the delegates who framed
the COnstitution) received, opened, and
oouRlea the votes in presence Of the
Senate and House Of Representatives. -
The final act, the count, Is thus recorded
"MoNDAY, April e, l7s9.
The President Of the Senate eiscted for tie
purpose Of Counting the r0t,S, declared to the
Senate, that the Senate and House Of Repre-
sentauyes had met and that he, N thar
DreseRce, had opened and counted the votes
Tor President and Vice President Of tie
United States, whereby it appears that
George Washington was unanimously elect
ed President
writer in the New York I.mes, com
ments As follows on these facts /, must |
be borne in mind that this va, not an ex-
ceptional transaction not governed by the |
Constitution. but was under the Cou>titu-
tion, ard designed 10 be in exact conformi-
ty to it. Its only regularity was that the
Vicepresiien, (ex-ofhcio President OF the
Senate) NOT having Yet entered upon the
Office, a President Of the Senate had 10 be
elected for the sole purpose" Of count
ing the Electoral votes. Here, then
i a historical and authoritative ex-
position Of the sense Of the constitu-
ton The trainers understood their own
work. The suggestion that, by their
resolution, they intended that the constitu-
ton should lie violated at tie hour Of IT.
birth, is an sfrons to their patriotism and
honor The suVpo-ition that the Two
houses, largely ompo>td Of the trainers OF
the constitution, were pertie- to d conspiracy
to subyert the form Of government they had
lust helped to frame, and lust sworn to SUP
port, would he infamous, We are compelled
10 adopt these mOn,truu- suIp)~Itlons. OF
else conclude that the historic evidence Is
complete anu demonstrativc, that the con
Il
Senate to count the Electoral votes.
And the practice has been in sub,tAn-
tial harmony with this construction. The
President may use any suitable assistance in
performing has duty but whatever assistance
he uses, the act Is his, and his is the sole
constitutional responsibility 10 performing 1t.
That each house sometimes appoints tellers
Is inconsequential. The two houses conyen-
ed IN one make Il large body, they cannot
conveniently gather about the Nlce-PTe-i-
dents desk and witness the count with
their own eyes To witness the count at all
they must necessarily delegate their duty
10 small number Of each body Each
house accordingly appoints telers to witness
the count, aud the tellers Of each house are
the witnessing eyes of each house. That j.
all the practice Of appointing te.ler~ to wiz
ness the counting amounts To. II any loose
ness Of practice Is permitted to creep in. by
which the counting of the Electoral votes Is
made other than the act Of the President Of
the Senate, the practice is to that extent
palpable violation Of the Constitution. In
these critical times our safety lies in holding
on to the Constitution, and to the venerable
usages Of the fathers who framed and admin
istered it.