, 1876-11-25

PRESIDENTIAL VOTE.
While it is possible that the issue of the
Presidential election may be made to turn
upon the tinal count Of tho Electoral votes
as they arc certified to Washington, and
since Mr.. CtAnEsos N. PoTrEn's assumption
TINT tho count or refusal to count rests with
the present Democratic House Of Represent
atives, it ia pertinent to recall tho practice
TINT hns heretofore obtained. The direction
given by the Constitution is that |" The Pres
ident Of the Senate shall, in the presence Of
tho Senate md House Of Representatives, !.
open nil the certificates. and the votes shall
be then counted" Previously to the year
1866, whom tho Tweuty-second Joint Ru1o
was adopted permitting either House to OBJ
jcct to tho count Of State, the constitu-
tlonal direction was construed literally aud
followed accordingly. The conatitutionality
Of the joint rule Vas never tested, because
the urgency mover arose in which tho count
Of any State objected to would infect tho re-
cult, But this joint rule has not been adopted
by the prescut Congress, and, Of course, will
not be adopted now. Congress-, therefore,
must full back upon the constitutional dircc-
LsVA tAJ ANlAFot E4unLIAELlOu luAk Gull
be placed upon thnt Is tho ono that is in
keeping with the precedeuts. AL thu prcco-
dents are iu favor of its literal Interpretation,
mud the couat Of tho votes and the announce
1uent Of the result by tho President Of the
se,snte.
Tho first United States Senate organized
under tho present Constitution elected Joux
T x.F &1,n b.
upon passed tho following resolution:
0rdt rtd -That Mr.. ELLSWORTH inform tho House
OF Representatives tllut quorum, Of tho senatc Ii
formed; tlat President IL elected for tie sots
THrpost Of 0pealHg fhe eerttfcatt& anu counting
The vots Of tho Ecctors of the several States In the
choice Of President md Vice President Of the
United States; mud that tic Semitic IL now ready,
In tho scnalc Chamber, to proceed III the prcsrrce
Of tho Iluuse to dscharss TINT duty, md that lhe
Senate have appointed ons Of their members to sit
ut tho Clerks tabls to niake list Of the votes ~
they shall be declared, submitting It to tbs wisdom
OF the House to appoint one or more Of tAoEf
bcrs for Ike purpote.
Thus, from the very start, tho opening Of
tho certificates and tho counting Of tho votes
was committed to the President OF the Sem
ute. Tre House Of Representatives imne-
diatoly acquicsced, and llr. MADISON was
inpkr1,ctef} IN sav In ti,a gapo4a +bot +hn ,,H
fication of t],o eicct,on ~ prasi7.nt md v;oa.
President s,,onld ha ,,o;,a :. hv s,,,,, na.sons
and in such monner M tha ssnato s1ou ho
pleased to direct !" Tno xacond cnrr+ ~ In
pros,dentio, vo,a voa IN 1-oa 1on,, a,,,,.
,voe tho,, V;ca- -pxos,,,o,,t .sa .,,,s,.n.s3 -
own rc.e)cct;on. au,, tha win liz ,,,,,,,, t,,a
count was conducted and which was lna1lc
Of fla constitut;on was os follows
III. ,vo ,,n,.o. .h,,, .,..,,. =. -. ..
chamber on we;lnes,ax ncIr NJ - a,r,a,t' .has
one person shall be appointed teller on tl,e nart
Ut tho senate, to make list Of the votes a ihty
.AaH o. d<sfarfa; thae Tho result sha bs delivered
'ns t.es.asa. ~ uo seaa's' s"o saa aa"o"aes
Two Houses assembled a. aforcyaI which .aa I @s
deemed declaration Of tas persoDs elected prc,i.