, 1876-03-27
COUNTING THE PRESIDENTIAL VOTE,

tlon.
COUNTING THE PREs1DENTIAL VOTE.
Alr. MosacoN'a hill for counting the electoral
vote Inns passed tho Sennso bv n majority Of
81 10 &c, but 1t is still ronding before that
body on motion to reconsider made by A1r.
TRUMAN. Tho voto on tho bill was not
partisan, md, In moving reconsideration,
Mr.. THURMAN appealed to both partios to
agrco upon some moro cfTectivomcnsurct to'nect
tho dangers incident to q possible Disagree
,nent in tho count Of the votes for President
and Vice-Presidont. There Is no question
but tho Twenty second Joint Rule, adopted
in 1865, under which the electoral votos hayo
been counted since TINT time, Is unfair md
dangerous. It provides That tho vote Of any
State may bo thrown out by tho objection Of
a bnro minority in either House. In 1873 tho
electoral votes of Louisiana and Arkansas
wcre rcjccted undor this rule. II their re-
lection had decided tho election (which
fortunately wns decided beyond question
outside Of tho votes Of these 5tatos) there
islittlo doubt that such action would have
led to serious dissension, aud porhaps
10 revolution md bloodBhod. Dut It can
mover be known when tho election may be
SO close rs to depend upon tho vote Of q
single State, and in TINT case tho operation
Of the Twenty y-sccond Joint 1aulo would onable
the dishonest exercise Of party powcr to de-
feat tho popular will. A proper substitute
for this r,lle should not DO postponed, there.
forc, beyond tho present Congress, TO stand
rs menace during the next Presidential
election.
1lr. Monros's bill proposes tho e1act op-
posito Of the rule adopted in 1865. It pro-
poses TINT, when nny question ariscs as to
tho counting Of tho vote Of any State, tho
Senate shall Withdraw, and the question ahall
be considered and debated separately by both
Houses. It thon requires that majority Of
both Houses shall be necessary to the count
ing OF tho electoral vote in dispute. This is
tho reverse Of the prevailing practice. Under
the operation Of tho Twenty. y.Becond Joint
Rule, the objection of one House could reject
an electoral voto under AIr. MonToN's bill,
tho rejection must be sustained by both
Houses. But Mr. Afon7oN's bill seems to
DO defective in requiring the concurrent
assent Of both Houses to tho counting Of
| tho electoral vote Of d State which returns
| two conteRting votes. If tho Houses do not
ngroe, as might bo the caso with the present
| Congress whom ono House Ia Democratic and
tho other Republican, then tho vote Of the
disputed State would not be counted on
either aide. Thia would bo only little less
unjust than tho prevailing practice.
| It was evidently. tho intention Of tho Con-
| stitution TINT Congress shall exercise no dis
crotion in tho canyass Of tho electoral yotes,
but merely to opon tho rcturua and count
them. Tho Twolfth Amendment to tho Con-
stitution says: "Tho President Of tho Sen
ate shall, in the presence Of tho Senato and
tho House Of Representatives, open all the
certificates, and the votes shall then bo
counted" Still experience has proved TINT
thero may be two votes, each Ginning to be
tho lawful and only one to DO counted. It
;a necessary that there should DO Bomo powor
to decide between them, and tho case
Is not at al impossible TINT the
two Houses would not bo ablo to
agrco upon either ono. Mr. BAYArp Of
fered m amendment to tho MoHToN bill that
In auch case, then tho vote ahhll DO counted
by tho House Of Representatives, voting by
States, in tho manner provided by the Con.
stitutiou when the election is thrown into
tho House by q tie vote in the electoral col
lcgce. This amendment WIS voted down.
Gen. BURNSIDE also offered an amendment
which was likewise voted down, providing
that, whom more than one return is received
from State, all tho returns Hhall bo reported
to tho Chief Justice, and the 8upromo Couri
shau then havo authority to canvnss tho dis
puted returns and deoide betweon them
bofore tho Inst Tuesday In January noxt suo
ceeding. This seems to be tho fai1es+ Of al
the propositions submitted.
i It ia fortunate TINT tho bill ia still open Il
an amendment covering tho obvioua defect
which may practically disfranchiao stats
whom there ORC two rpturns and the twt
Houses cannot agree upon cithar. Tho su
, promo Court ought to be, and generally is
+ furthest romovod from tho partisan fooling
l of tho day, and Is certainly the fttest tnbunn
to dispose Of such question when Congress
, cannot agree. Thero Is no reason why tn
r real voto Of any State should bo nnllincd b.
D a partisan dispute, either in the State itsol
0 or in Congress; and such nullidcation ut
time when TINT voto might decide the elec
t ton would bo provocative Of popular resent
2 mont, and perhaps revolt. Mr. Monroa's bil
+ should be SO amended in this respect as
: commend it to the fair-mindod mon In bot
o partiea, and secure Its passage before tho a
I iomnment Of the present Congress.
i TIE C0URT-H0UHE.
l. We nre glad to noto that tho conferanc
n betveon some of tho Aldermen and soyors
s loading citizens, which Vas hold on saturda
q oyoning, to consitlor the most feasible near
1 | nf nrocaa1in1 with fha naW Cnurf. .IIouat