The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-11-18

w Q received on Thursday from Hon.
Charles r Roharts az This civ tha FOL
,a,.;.-,s..o. NJ. 3. e
"s ,s''s' 'PS- 'ls '"'eso' vo@ns
inc eiec'orai votes IN congress ms views
are understood to be identically the same
as those entertained by Hon. Samuel ].
Randall Hon. Abram & Hewitt Hon
w. p;.Laa,, w. u. Ths, =
nancy "Nyse, noa AnouaS r.
nayaru; ana the pest legal minds IN the
country. Everything upon the subject
win be read with peculiar interest az this
anna
He''fy faadefjord, Esq.--DEAR SIR /;
-FOUR note enclosing an extract from kents
Commentaries, relative to the counting Of
the electoral vote and asking my views
upon the same subject was received whilst
engaged IN the trial of cause and | shall
therefore be- unable to do much more than
give you brief statement OF some OF the
leading authorities on this important ques-
ton, Chancellor Kent says, onpage 276,
vol. OF his Commentaries that 1.-THE Act Of
congress OF LIST March, l492, Section 2,
streets that the certificate Of the votes
shall be delivered to the President Of the
Senate before the tirst Wednesday of Jan
nary next ensuing the election, The
President Of the Senate on the Second
"Wednesday IN February succeeding every
meeting OF the electors, in the presence of
both Houses OF Congress opens all the GER
tiheates and the votes are then to be count
ed. The Constitution does not expressly
declare By 'choni the votes are to be count
ed and the result declared. In the case
OF questionable votes and closely con-
tested election this power may be all-im-
portant; aud presume, in the absence of
all Legislative provisions on the subject,
that the President Of the Senate counts
the votes and determines the result, and
that the two Houses are present only as
spectators to witness the fairness and ac-
euracy OF the transaction and to act only
1T no choice be made by the Electors"
On the same page Of the Commentaries
ind the following note, which fully OK
PLAINS the manner In which the vote was
counted IN the contest OF lS4l:
"ln determining the result Of the election
for president IN lS4l, it was declared by
joint resolution OF the Two Houses Of Con-
gress, that one person be appointed teller on
the part OF the Senate and two on the part
OF the House OF Representatives who
were IN the presence Of the two
houses, to make a list OF the votes as they
should be declared, and the result declared
TO the President OF the Senate, who was
to be the presiding othcer, and to announce
to the two houses the state OF the vote and
tue persons elected. The Vice-President
IN that case, broke the seals OF the enyel-
opes OF the votes, and delivered the same
~. -
,eiie.s nasiuS aeau, counted anu maue
duplicate lists OF the votes, they were de-
livered over to the Vice President, and
read. and he then declared the result and
dissolved tho ;o;nt meot;no az ,bo ,wo
| L-...,, i, IVY
no.s.,
Aithougn no trouble appears to have
been experienced at any time since 1871
in the counting of the electoral vote. vet
the hare nossib;I;tv ne an onoroorc,, o.;s
-. I, - ~, -. ar.
ius ~ "ni0. 'ne wnois country, III It's
social, nnanclal and political relations,
might become seriously embarrassed, by
| lust such condition of affairs as we are now
w;tnoss;no in Sortb Corol;n. FJo.;do -
T::o s.I,' .a a1u
LOUISIANA, mas never ialieu 70 excite the
gravest apprehension. Such considera-
tions doubtless caused the adoption on the
| 9th Of February. 1865. of what l. now
known .s the .ltwentv. second ;o;nt r,Io y
I;sa,,.s S:.I: 49, iu'0
rinc!ose you copy OIL winch you can pub
iish In iuii, II you nave space Tor 1t, as 1t Is
worthy Of perusal in view of the part which
| il NAV be called ON to NAV in the not dis
tont frturo
%. The two houses shall assemble in the
hall of the House of Representatives at the
hour Of o'clock, D. M, on the second We'd
nesday in February next succeeding the meet.
ing Of the electors of President and Vice.
President of the United States, and the Pres.
ident Of the Senate shall be their presiding
officer one teller shall be appointed on the
part of the Senate, and two on the part Of the
House Of Representatives, to whom shall be
handed, as they are opened by the President
OF the SENATE, the certificates OF the electoral
votes and said tellers having read the same
in the presence and hearing Of the two houses
thus assembled, shall make a list of the votes
as they shall appear from the said certificates;
and the votes having been counted. the rasuit
Of the same shall be delivered 70 the Presi.
dent of the Senate, who shall thereupon an.
nounce the state of the vote and the names
Of the persons, il any elected, which announce.
meut shall be deemed sufficient declaration
of the persons elected President and Vice.
President Of the United States, and. together
with a list of the votes, be entered on the
journals Of the two houses.
If, upon the reading of any such certificate
BY the tellers, any question shall arise IN re-.
gard to counting the votes therein certified.
the same having been stated BY the presiding
officer, the Senate shall therenpon withdraw.
and said question shall be submitted 70 tbat
body for its decision and the Speaker Of the
House Of Representatives shall, in like man.
ner, submit said question TO the House Of
Representatives for its decision. And no
question shall be decided affirmatiyely, and
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