New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-11-09
PRICE FOUR CENTS.
THE ELECTORAL VOTE.
THE METHOD OF COUNTING 1T.

POWER.
The extreme doubt in which the returns received
yesterday left the result of the Presidential election
has made the counting of the electoral vote in Feb
ruary next likely to be event of very great inter-
est and Importance On more than one occasion the
defects of the machinery for determining which OF
two more candidates has been legally elected to
the Presidency have been strikingly shown, and
attempts have been made to remedy them but
while of these efforts have met with success IL
has also been fortunate that on no occasion which
has ever arisen on has the actual result been
affected by the vote of any State which forwarded
its vote and the validity of whose returns has been
questioned. Now it seems possible that such a con-
tingency may arise.
No provision has ever been made for settling q
dispute of tins kind. Section /, Article H., Of the
Constitution directs that each State shall appoint,
in such manner the Legislature thereof may
direct. number of electors equal 10 the whole num-
Der of Senators and Representatives to which the
State may be entitled in the Congress; but no Sem
ator or Representative or person holding an office
of trust profit under the United States, shall DO
appointed an electOr"
The Twelfth Amendment of the Constitution pro-
yides that the electors meet in their respective
States, and vote by ballot for President aud Vice
President. one Of whom shall not be an nhabitant
of the same State with themselves 49, And
they shall make distinct lists of all persons voted
for "a President, and Of all persons voted for
NcePresident and of the number of votes for each;
which lists they shall sign and certify. and transmit
sealed to the seat of the Government of the United
States directed to the President of the Senate The
President of the Senate SHALL in the presence of tho
Senate and House of Representatives, open all the
certificates, and the votes shall then be counted.
The person having the greatest number of votes for
President shall be the President, il such number be
a majority OF the whole number of electors ap-
pointed" &C.
By acts of 1892 and 1904, as adopted in the Re-
yised Statutes Of the United States, the following
regulations made
SEC 1876. The electors for each State shall meet and
give their upon the first Wednesday December
IN the year in which they appointed such place. in
each State the Legislature OF such state shall direct
1856 II shall be the duty OF the executive OF each
State to three lists Of the OF the electors OF
such State be made and certified and to be delivered
TO the electors before the day which they
required, by the preceding section, TO meet.
SEC 1877. The electors shall vote FOR President and
YicePresdent, respectively, in the manner directed by
the Constitution
SEC 1873. The electors shall make and sign three
tcates ali the given by them, each Of which
certificates shall distinct lists OF the
President and the other OF the for Vice
President and shall to each OF the certificates
OF the lists Of the electors which shall have been fur
nished them by direction Of the Executive OF the
State.
SEC 139 The electors shall seal up tn, certificates
made by Them and certify npon each that the lists Of
all the Of such given for President and Of
all the votes given for ycePresident contained
therein.
SEC 40. The electors shall dispose Of the certificates
thus made by them in the following manner:
One. They shall, by writing undcc their hands,
del ihe hands Of majority Of them, appoint person
take charge of ana deliver to the President Of the
senate. at the seat OF Government, before the first
Weine say in January then next ensuing, one Of tho
Two They shall forthwith forward by the post-oice TO
the President OF the Senate at the seas OF Government,
one other OF the certlh Gates.
rce They shall forthwith the other OF the
hcates to be delivered TO the judge Of that district in
which the electors shall assemble.
sEC 1i2. Congress shall be in session the second
Wednesday in February succeeding every meeting tho
electors and the rtihcates many OF nem have
been received shall then be opened, the counted,
AMI the persons to fill the offices of President and Vice
President tanned and declared, agreeable the
Constitution"
On several occasions prior to 1869 objections had
been made to receiving the votes of certain States
on account of alleged irregularities, but no such
vote was ever formally rejected. In 1864 a resOlu-
ton was adopted by Congress excluding the
electoral votes of States then in rebellion but as no
votes were received from any of tlHn, were
| rejected 4 precedent was, however set for the
rejection of the vote of State by joint resolution
concurred in by both Houses Of Congress-
When the questions during the first half of
the century touching the acceptance rejection of
the vote of States, the returns from which were
irregular, long debates sometimes which
| ously intcrfered with the prompt announcement of
the result To cut off such debate the Twenty
Joint Rule of the two Houses adopted in 1868,
and readopted by each succeeding Congress except
the present. The following is the text of the rule:
of upon the reading OF any such certificate by tho
clcr any question shall arise regard to the counting
OF the therein certified, the same ha ing been
stated by the presiding officer the Senate shall there
upon WITHDRAW, and said question shall be submitted
that body for its decisions and the Speaker OF the House
shall in like manner submit the said question TO the
for It's decision, and question shall be decided
armatyey, and votes objected to shall be counted
except by the votes OF the two Houses which
being obtained the two Houses shall reassemble and the
presiding officer shall then the decision OF the
question submitted and upon such question there shall
he debate in either House. and any other question
this object for which the two Houses assembled may
he submitted and determined in like manner"
In 1873 electoral votes were rejected from several
States under this rule but its operation was so I'M
satisfactory that the sentiment at the time was
almost unanimous not only for its repeal, but also
for entire change in the mode of electing Presi-
dent. 1t was repealed at the last session of Con-
gress by failure OF the Senate to adopt it,
From this hasty review it appears ~ that the
President of the Senate has assumed to deter
mine any question to the validity of the vote re-
ceivcd from any State but that when such questions
have arisen they have invariably been referred TO
the two Houses of Congress for their decision.
o. That neither House of Congress by itself has
ever claimed the right to reject .ote of any State,
or to determine III two sets of returns from o
single State appear which of them shall be counted
except by authority of the Twenty-second Joint