The New York herald., 1876-03-20
Regulations for Counting the EIec-
tornI Votes.

The subject Of debate on the last day the
Senate was in session has been under con-
sideration in that body several times of late,
and we presume the bill intended to super
sede the twenty-second joint rule will
eventually pass the SenatE either with or
without amendments. As TO the necessity
Of repeating that joint rule there is no diff
ference Of opinion, but there are almost as
many opinions as Senator'S respecting what
ought 10 be substituted in its place. 1t is
pretty generally admitted that the matter
ought 20 be regulated by law of
Congress. and not merely by joint rule of
the two houses. The difficulty of agreeing
upon proper law results from the am
biguiiy and absurdity of that part of the
constitution but as there is not time
20 secure amendments previous TO
the next counting Of electoral votes
Il il 70 be hoped that Congress may
End some makcshift for the immediate occa-
sion. and tha, soon after the next President
is in Office the constitution may be changed
by dropping the whole Of it's second article
and substituting better method, not only for
choosing the Chief Magistrate, but ofenforcing
Executive responsibility. Even il the Senate
should agree ON a hill the House may refuse
its concurrence. for there is no possibility Of
framing one not exposed 10 grave objections
40 long as the constitution remains un-
altered. As senator Chrisiiancy said. in his
speech on Thursday;-"It would almost
SEEM and some Senators appear really 10 be
of the opinion. that our fathers in framing
the constitution. must have acted upon the
Irishman's plan of constructing a cannon,
which was FIRST 30 make n large hole and
then east the cannon around H. The con-
stitution. in one view of II. certainly
seems 10 have taken one step in
that process and seems 20 have left
ms only tho ingenuity 81 takirg the
other" This satire is not undeserved
II limited 20 that article Of tho constitution
which relates 10 the Executive. After eX-
planning his own views as TO the best method
Of banking the difficulty Mr. christiancy
said in conclusion. in an equally satirical
vein:--''I am far from being very confident
OF the correctness Of this conclusion or tho
reasoning by which I have reached il, and
may change my opinion entirely in the
course Of the discussion. The silence, the
apparently utter hiatus in the constitution,
makes il very difficult 10 find any landmarks
by which can. with any confidence Of GER
tainty, guide my course. And feel some Of
the same kind Of uncertainty as ! can i'm
agino might feel If thrown out into void
space beyond sight Of the stellar universe,
and should there undertake 20 ascertain
courses and distances and 10 divide that void
space into definite areas"
The only efiectual remedy is a thorough
revision of this part Of the constitution; but
as that cannot be done this year some sub
stitute must be discovered for the twenty
second joint rule, which puts il in
the power Of either house TO throw
out the electoral votes of any State.
II happened once that the returns
of Arkansas were thrown out, on the objec-
tion made by senator that they had not the
great seal Of the State affixed. but only the
seal of the Secretary Of State. and il was not
discovered until after the election was de-
clared that Arkansas at that time did not
possess a great seal. SO trivial may be the
excuses of iniormality on which. under this
twenty-second rule. State may be deprived
by either house Of its Presidential vote.
1t is proposed by Senate committee
which has investigated the whole subject to
remedy all the defects of the present electoral
system by a constitutional amendment caus-
ing the President and Vice President to be
elected directly by the people, who are 10
vote in districts similar 10 and the same in
number as Congressional districts, each
State having also two electors 10 be chosen
on general ticket The vote of each dis
trict is to count one in the electoral returns
for those candidates who have not a major
ity, but plurality. BY this plan the Presi-
dent would at any rate be the choice Of tho
people, though having only a plurality.
Under the present system he may be, and
often has been, the choice of the minority
when only two candidates were voted on
For instance, fifty thousand votes properly
distributed may now elect President
by majority of States. at tho same time
that his defeated opponent would have an
actual popular majority of half a million
votes The following figures show how wide
has been the disparity between the popular
vote and the electoral vote in Presidential
elections:-In 1872 General Grant received
only fifty-fve per cent of the votes Of the
people, but in the Electoral College he re-
ceived eighty-one per cent; in lS6S General
Grant received but ifty-two per cent Of the
popular vote, but seventy-three per cent in
the Electoral College. In 1864 Mr. Lincoln
received fifty-fve per cent Of the popular
vote, and ninety-one per cent in tho elect
oral body; in 1860 Mr.. Lincoln received but
forty per cent of the popular vote. and iifty-
nine per cent of tho Electoral College. In
1886 Mr. Buchanan received only fortv-6yo