The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-12-20
WHO SHALL COUNT THE VOTE,


portant inquiry is, Who shall decide the
questions that arise during the progress of
the countg' II two or more returns, with
the same or different authorizations. come
up. who shall decide between them? If the
right of a state TO vote, or the legality
OF her vote because of irregularity
or fraud ke questioned, who shall de
eide it? Such questions have at all
times been decided by the two houses OF
congress, both exercising equal power. In
1877, ia the case of Wisconsin; in 1865, in
the case of the states in rebellion; in 1865,
in the case Of Louisiana, and in 1872, also in
the case OF Louisiana, the two houses, with
out question, claimed and exercised the
right of decision. Now it is claimed that
the president of the senate shall, without
appeal, pass upon all such questions. If it
had been intended TO clothe him with such
extraordinary power, would it not have been
done in express language? He is required TO
open the votes. Hispowers stop with that act
The votes shall then be counted. BY whom?
II is not declared. The two houses as organ
lied bodies are to be present. The power to
count and 10 decide questions that grow out
OF the count is to be implied in favor of the
house and senate, because that is in harmony
with the provisions of the constitution for
the election of president aud vice president.
They are not elected by the states alone,
nor by the people of the states alone.
In the electoral college both the states
and the people are represented. There
is one elector for each senator, and
one elector for each member of the
house. Then in the count of the votes, and
in the decision OF all questions that arise, is
Il not in harmony that the senate and the
house shall not only be present, but also
judge and decide7 Indiana has two sena-
torial and thirteen representative electors. Is
il not then in harmony that tho thirteen
representatives shall control the count
equally with the two senators? Shall the
language of the constitution be strained IN
order to confer this great power upon ore
man: 1t has not heretofore been and the
proposition at this time excites suspicion.
The question arose in 1865. Congress
passed joint resolution declaring that, be-
cause of the rebellion, no valid election had
been held in certain named states, and that
such states were not entitled to representa-
ton in the electoral college, and that no
electoral votes should be received or counted
from said states at the opening and counting
OF the votes then about TO take
place. That joint resolution was
presented to Mr.. Lincoln for his
approval and signature. He signed
- ~ oooo,,vo,,;od tLo oct nth tbo follow
ing message:
To the Honorable, the Senate and House Of
RepreSen tatives:
The Joint resolution entitled: "Joiut resolu-
ton declaring certain states not entitled to
. representation in the electoral college," has
been signed by the executive in Difference to
the views of congress implied in its passage
and presentation to him. In his own views,
however. the two houses of congress, conN ened
under the twelfth article of the constitution,
have complete power TO exclude from counting
IlI electoral votes deemed by them 20 be illegal;
and Ii is not competent for the executive to
defeat obstruct that power by veto, as
would be the case If his action were at all es-
>entiaI i'm this matter. He discaims all right
Of the executive to interfere in any way In
the matter of canvassing or counting cleo
signing said resolution, he has expressed any
opinion on the recitals of the preamble, or
any Judgment Of his own upon the subject OF
Executive Mansion, Feb. :, 1855.
This message is found in Congressional
Globe part 1, I'd sess. 3sth congress, p. 6sS.
That resolution was introduced by Mr..
Wilson, of Iowa, the chairman of the ju-
dietary committee, and one Of the republi-
can leaders OF the house. 1t was introduced
prior to the adoption of the 22d joint rule
but was signed by Mr.: Lincoln after that rule
had been adopted. The resolution
asserted and exercised the power on the
part Of congress of deciding what votes
should be received and what votes should
not be received and counted. BY signing
the resolution, Mr.. Lincoln recognized that
power, but IL his message he expressed his
disapproval of the manner in which it was
exercised. He thought the decision should
not be made by resolution requiring the
presidents signature, but by the two houses
when met to count the votes. lie did not
believe that the 22d joint rule conferred the
power but that it was conferred by the
18th article Of the constitution. He says
that sin his view. however, the two houses
of congress, convened under the twelfth ar
'ticle of the constitution, have complete
power 10 ehCtuue irOhi couilihs all eheCtoidi
votes deemed by them to be illegal The
power is conferred by the constitution; it is
in the two houses of congress, to be exercised
when convened under the 18th article,
and includes the right to control the count
by excluding votes. A stronger statement
OF the equal rights of the two
houses can not be found. None but a bad
purpose can require an abandonment of the
uniform practice, the rejection of such high
authority and the vesting such great power