The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1876-12-29
from Harper'S Weekly (Rep), Dec, 80
The President of lie senate.

The duties of the President of the Senate
in the ceremony of counting tie electoral
votes are very clearly defined iii the COnsti-
tuition, and they cannot be enlarged beyond
the constitutional grant. IL hns been SAID
that lie may decide what certificates to open
and what to reject. BY what authority
would lie undertake TO decide? Certainly
by none granted by the Constitution. 1t is
said that tie Senate might previously in
struct him how to decide. BY what author
iLy? The only constitutional duty OF the 5 II.
ate is to be present with The House, that The
certificates may be opened before them. Then
if n question between two certificates arises,
the TWO Houses, as we have said elsewhere,
must OF necessity decide when is the one du
ly authorized by the ate, The Houses may
agree in what manner they will consider the
question, But the President of the Senate,
as such, has no more constitutional authOri-
ty to decide it than the Speaker ofthe .Ouse.
At the counting of the votes the Senate has
no constitutional power which the House
does not share. 1t is nowhere implied in the
Constitution that either House has power TO
do anything but witness the opening and
counting, and OF necessity, as we said, to de-
termihe, upon constitutional principles,
which Of two certificates b. received rs va
lid.
1t is not even provided that the President
Of the Senate shall announce the result
But that is Il mere form which affects moth.
ing. The person who shall have received
the greatest number of votes, if such num-
Der be majority of the whole number of
electors appointed, shall be President,
whe her any announcement to that effect
be made or not made. One of the drollest
stories OF the Washington mill is that Sena-
tor Sherman is TO have himself elected Presi.
dent of the Senate, so that "ifro regular de-
claration of a President is made" he will be
acting President. He will take pains to
prevent any official declaration either of
Hayes or Tilden." The President of the
Senate has nothing to do with it, If the
votes are counted, so many for Hayes, so
many for Tilden, any body who is capable OF
doing sum in simple addition will know
who is the President, whether the President
of the Senate speaks or no DIS his peace
AS matter of courtesy, he has generally
been the presiding officer upon such occa'
sions and announced the vote. But that is q
purely ceremonial pr sition. He is officially
President of the Senate, directed by the Con
stitution to open the certificates. There is
however, no I ason for departing from thu
usual courtesy, except it he supposed thai
he proposes to assume powers not cun,crru(
by the Constitution.
The place for opening the certificates ant
counting The votes is not designated in thu
Constitution The House OF Representatives
which is the larger and more convenient hal
for the purpose, has been generally, but not
always, selected The proper p ace, how
ever, is the Senate chamber for it is TIT
President of the Senate whom the Constilu.
ton appoints to receive and open the cerliti
ID Gates, and the chamber of the body of whicl
he is the Official head is obviously the pluc
in which he should perform tue duty. More
over, rs n lace is prescribed, and the dut,
is enjoined upon the President OF the Senate
he may unqueslionably appoint the p ace AM
invite the attendance OF both Houses. Thrs
are details which have Eeen etted withou
difficulty hitherto, end which should raise ~
question now Indeed, nothing but Gus
tom which ig moi uufo III can be urged i
favor of the hall OF the House Of Representa-
tives. The propriely Of the case clearly de'
ignates the Senate chamber rs the place TO
counting the vote.
The action of both Houses will! be narrow
" watched every moment until The final Pre-
ceedings, and whatever looks like q STRAIN
ing OF power or the exercise OF questlonab
authority will be injurious to the side a
attempts it. Sensible people, and they al
really The majority this time, wish TO SEE n
departure fom The acknowledg forms {
law The question is not one Of pnry, bl
\ of institutions. The paramount duty OF I'll
\ two Ii use8 is to agree in advance upo
\ some rule to govern their action when IL
lyQhs are counted