Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1876-11-29

Congress acting concurrently us inde.
pendent bodies, and they have this
power under the Constitution, and
without regard to any joint,rule. Their
presence at the counting is expressly
onioined by tho Constitution. II isnot
one but both Houses that are present,
Are they there as powcrless spectators?
The Senators and members OF Congress
from each State are there to guard the
rights of their people and their State.
Can it be that fraud may be perpo-
trated by the electors of State in
their return, and the Senators and
members thcrcirom enjoincd by the
Constitution to be present can do
nothing TO avert it2 II there is no
choice by the Electoral College the
House Immediately elects President
How is the House officially to know
that thoro is or is not choiceY Are
they to learn this from the lips Of an
official who by the Constitution has
not even q scat within their hall, or
are they to learn II from their own
count and supervision In the case Of
no choice for Vice President, the Sen.
ate elects one, and tits from their pres
ence and participation they learn Off
cially that there is no choice. The
precedents all establish the fact that
the count is made by the Senate and
House acting through tellers in the
presence of both Houses jointly assem-
bled. From 1893 to 1869, in every
case, the Senate and the House acting
separately, appointed tellersin advance
OF the day for the count and acquaint-
ed each other with that fact and the
names Of those appointed they met
in joint assembly on the day fixed by
law, the seals were broken by the
President of the Senate and the certif-
Gates were handed to the tellers, who
read them aloud made lists of the vo.
ters, announced the result to the Pres.
ident OF the Senate who then declared
the general result In 1905, Mr. Burr,
President OF the Senate in the joint as
scmbly, said TO tho Senate and House
"You wiz now proceed to count the
votes as the Constitution and laws di-
rect Vice President Dallas, in l940,
said in the joint assembly, 81 now open
and present to the tellers chosen by
the two Houses, the certificates, that
the votes therein recorded may be
counted The same language was
used in 1887 and 1885, and in 1857 Mr..
Mason, President Of the Senate, said
al consider the duty Of counting the
vote has devolved on the tellers under
the concurrent orderof the two Houses.
The adoption of the 22d joint rule, in
1865, was another assertion of the pow
er Of the two Houses over the subject
and the rejection of all of the electoral
votes of Arkansas and Louisiana, in
1872, is the last in the long line Of
precedents asserting the power Of
the two Houses to count the votes.
When question was raised in the
joint assembly, it was not decided there,
but the two Houses separated, each
decided for itself, and then reconvened,
so that the equality and independence
Of the Houses are fully recognized. My
view OF this matter, then, is that the
President of the Senate has no power
10 count the electoral votes but that
il rests under the Constitution in the
two Houses of Congress acting concur.
rently; that counting the vote" in
cludcs the power TO learn whether it
be or be not legal vote under the
facts developed, and that either House
has power to arrest an actual fraud in
the return Of a State for Presidential
electors.