The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-12-07
Thursday. December Z, 1875.
The Constitutional Authority of the
Joint Assembly of Congress.

-~~--~N~~~NA~a
in the action of the southern canYassing
boards, the rightful authority or jurisdic-
ton Of the two houses Of congress in count
ing the electoral vote becomes question
Of absorbing interest. So far as have
noticed the discussion of this question il
seems to be complicated with one of
three considerations not tending to its
proper solution, viz: lst, Precedent,
claimed to be found in the action of prey
ious assemblies of the two houses for the
purpose Of counting the vote; End. The
existence on non-existence Of the twenty
second joint rule, adopted by the concur.
rent action of the two houses ofcongress, sit.
ting as a legislature, for their government
whom assembled to count the electoral
vote by which Mr.. Lincoln was chosen tC
his second term; 3rd. The effect any par
ticular view of the question will have
upon the result in the pending contest. In
this article propose, as far as possible, To
ignore all of these; the first, because the
question has never been presented in such
a manner as TO require the decision of it;
the second because | assume that both
houses of congress will concur in the
opinion that the twenty-second rule is
not in force; and the third because it ag-
gravates if it is not the source of the
difficulty which is now perplexing the
people. / therefore propose to consider
the question as an open one, and shall
base my suggestions upon the plain pro-
visions of the constitution, upon which
all precedents or joint rules or statutes
must stand, or, failing in this support
must fall.
The 18th article of amendment to the
constitution of the United States, under
authority of which all parties: admit the
electoral vote is to be counted, is as fol-
lows: .e-
''The electors shall meet 10 their re-
"spective states and vote by ballot for
president and vice president, one of
whom, at least, shall not be an inhabitant
"of the same state with themselves; they
shall name in their ballots the person
"voted for as president, and in dis
''tinct ballots the person voted for as
"vice-president, and they shall make
distinct lists Of all persons voted for as
president. and of all persons voted for as
''vice president, and of the number of votes
for EACH which lists they shall sign and
certify, and transmit sealed to the seat
''of government of the United States,
directed to the president of the senate.
"The president of the senate shall, in the
presence of the senate and house of rep
''resentatives, open all the certificates and
"the votes shall then be cOunted;-the
person having the greatest number of
''votes for president, shall be the presl-
dent, if such number be a majority OF
''the whole number of electors appointed
and If no person have such majority,
then from the persons having the highest
numbers not exceeding three on the list
''of those voted for as president, the
''house of representatives shall choose i'm
''mediately, by ballot, the president. But
Sin choosing the president, the votes shall
"be taken by states. the representation
from each state having one vote; quo
rum for this purpose shall consist OF &
member or members from two-thirds oil
''the states, and majority of all the state,
shall be necessary to a choice. And i
the house of representatives shall no
CHOOSE president whenever the right o
choice shall devolve upon them, before
"the 4th day of March, next following, theI
''the vice president shall act as president
las 10 the case Of the death or other con
''stitutional disability of the president
Mcpherson having the greatest numbe
''Of votes as vice president shall be tn
vice president, if such number be ma
'jority OF the whole number of electors az
pointed; and if no person have majority
them from the two highest numbers o.
1.-THE list the senate shall choose the vic
president; a quorum for the purpos
shall consist OF two-thirds of the Who'll
number Of senators, and a majority c
''the whole number shall be necessary to
choice. But no person constitutional
ineligible to the Office of president sha
"be eligible to that of vice president of tn
Omitted States"
Nearly all whose opinions have com
under my observation seem TO concur j
the view that our fathers who framed an
engrafted the foregoing provision into tn
constitution were 0blivious to such posslbl
dangers as now confront us, and are there
fore chargeable with q want of fore
sight or wisdom in not providin
against them. 1t has seemed /
me that this is a rash and hars
judgment upon the labors of those who's
wisdom, equally with their sacrifices, ent
ties them to our generation. That thi
provision was carefully considered is ev
denced by its remarkable fullness OF de
tail, whereby it is made substantially sell
executing, or operative. without legisativ
supplement; and also by the fact that it
q substantial re-casting and re-enactment
so far as this question is affected, of tn
third clause of section one, Of article tWC
~ fla ii
ment requires the president and vice pres
ident to be voted for distinctly or separate
ly, as such, whereas the original instru
ment required simply that two persons
voted for and that the one having tn
highest number of votes should be pres
dent, and the one having the next highes
should be vice president The provision
requiring the electors to meet and vot
and make lists of their votes, and sen
them to the seat of government, and n
quiring the president of the senate to ope
them in the presence of the two house
and the vote then to be counted is precist
ly the same in both.
In addition to the detail of this amend
ment descending to the lower plane {
statute law or regulation we find that til
constitution fixes the qualification
electors; provides that the legislatures Of ii
several states shall prescribe the mannt
in which they shall be. appointed; thi
congress may determine the time
choosing them and the day on which the
shall give their votes, and that that day sha
be the same throughout the United States
how often and when congress shall NEE
that each house shall hear and determir
cases of contested seats in it; that ii
president and Eother civil officers may
impeached and removed from Office aud
just what manner it shall be done, besid
rulesi( tediously numerous to mention her
for the government OF the two houses