The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1876-12-16

Counting the Electoral Votes.
Kent says in his Commentaries Lee
ture 13) 81 preceive in the absence of
all legislative provision on the subject,
that the president of the Senate counts
the vote and determines the result, and
that the two houses are present only as
witnesses to the accuracy and fairness
of the transaction, and to act only if no
choice be made by the electors
Such would seem to be the natural in
ference from the constitution, without
corroborative proof of the intention of
the trainers Of the constitution. 1t
might, however, be gratifying at the
present time to know exactly what was
their intention on this'point.
The constitution closes as follows:
"Done in convention, by the unanimous
consent of the States present, the 18th
day of September, in the year of our
Lord one thousand seven hundred and
eighty seven" Signed by "George
Washington, president and deputy from
Virginia. and by the deputies from
twelve of the original thirteen States.
Immediately after signing the constitu-
tion, on the very same day, the conven-
tion passed the following resolve, which
was transmitted to the "United States,
In Congress assembled" with the con-
stitution:
IN CONVENTION
MONDAY. September, II, 1887.
Present,
"The States of New Hampshire, Massa-
.chusetts, Connecticut, Mr.. Hamilton
from New York, New Jersey, Pennsyl-
vania, Delaware, Maryland, Virginia,
North Carolina, South Carolina and
Georgia.
Resolved, That the preceding con-
stitution be laid before the United
States in Congress assembled;
Resolved, That it is the opinion of this
convention that as soon as the conven-
ton of nine States shall have ratified
this constitution, the United States in
Congress assembled should fix day on
which the electors should be appointed
by the States which shall have ratified
the same, and day on which the elec-
tors should assemble to vote for the
president, and the time and place for
commencingproceedings under this con-
stitution; that, after such publication,
the electors should be appointed, and
the Senators and Representatives elec-
ted; that the electors should meet on
the day fixed for the election of the
president, and should transmit their
votes, certified, signed, sealed and di-
rected as the constitution requires, to
the Secretary Of the United States in
Congress assembled; that the Senators
and Representatives should convene at
the time and place assigned; the Sena-
tors should appoint president of the
Senate, for the sole purpose of receiv-
ing, opening and counting the votes for
president; and that after he shall be
chosen, the Congress, together with the
president, should without delay pro-
ceed to execute this constitution.
By the unanimous order of the con-
vention. GEORGE WASHINGTON,
President
William jackson, Secretary"
Thus it appears, from the formal and
unanimous resolve Of the convention
which framed our constitution and pre-
sented it to the people of the United
States for their acceptance and ratifica-
tion-a convention representing all the
original States except Rhode Island
that ssthe Senators and Representatives
should convene at the time and place as
signed; that the Senate should appoint
a president Of the Senate for the sole pur-
pose Of receiviag, opening and counting
the rotes for president
OF course the Senate could only ap-
point president Of the Senate pro tenn
pore, as the constitution provided
that the vice-president should be er-of-
fcio president Of the Senate and, until
the electoral votes had been counted, no
one could be declared elected president
or vice-president.
The above resolve, transmitted to the
president Of the Continental Congress
with the constitution, clearly shows
that i scas the intention of Washington
and the other trainers Of the constitution,
that tie president of the Senate should
count the electoral pote, and it may there
fore, be fairly considered as supple.
mentary to and explanatory of the
meaning and intent Of that part of oul
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