The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-15
THE ELECTORAL COLLEGE.
The Powers Of the President OF the Senate
senator Morton's Views.


WASHINGTON, Nov. BIN letter pub
lished in the San Francisco Chronicle Senator
Morton expresses the opinion that the President
Of the Senate has the power not only to open
the electoral certificates, but also to determine
and announce the result. This extraordinary
theory not only has no warrant In the Constitu-
ton Of the United States, hut IL Is utterly op-
posed to the practice Of our Government and
even TO the declarations Of Mr.. Morton himself
other ccasions In the last session OF Congress
he strongly maintained the absolute right Of that
body to deal with the question. and introduced
a bill prescribing the manner In which 1t should
exercise that right. On the 18th OF March, 1879,
IN discussing the result II the two Houses sho I'D
fill to agree upon a count of the electoral votes,
where two different returns should be made, as
IN the case Of Louisiana In 1879 he said: 1.-THE
vote goes out; the State has no vote, because
unless there Is some tribunal to settle which
vote shall be counted, you cannot count either"
The State, in his opinion, would be disfrau-
chised. In that debate he expressed his di,ap-
proval Of his present theory In the following
terms. (See Congressional Record. 1875. p. 1897
II, when the Senate comes to decide the
question which Il tue correct return. there Il a
Tie vote In the Senate. aud the Vice Prest lent IA
presiding-not a President pro tmpore-he can
In the Senate; Lat there u no provision ~ oar
Constitution duthorizilg tie Ptce-Presliem or any
Other officer " GOusI1lnent 10 come IN and scttie
the question rhcie the ttro Houses disagree. II
there - tie vote In the Senate, the Vice resi-
cent can cast the deciding vote; but {. not ~
prOutc for some ooer uhO shdu settle btticeen the
too Houses tohen theB disagree.
Three days afterward AR. Morton gave bis
opinion against tho pretended authority Of the
President Of the Senate In this precise and I'M
eouivocaI language Gong Record, 1875, p. 1850 I:
Ln ht,l, A. tkas
reasonable. which Is the better, which Il the
safer OF the two--to adopt that construction
President Of the senate, who NAV be counting
the votes for himself or would IL he safer to
leave II 10 the determination OF the two Houses
Of Congress representing tue Stale and the peo-
pier II ,Oe are open 10 ADOPT ether one Of these
eona'pcttons, say ne latter Is the safer, " ne
Of our GOrttnBIcHt and Of IOpul1r Institutions.
i THEN ADOPT THE LATTER Construction.
Here Is short debate which took place on
the 21st OF last March Gong. Record p. 1872 In
which he reiter ted his opinion:
MIR. MoRToS-The President Of the Sena'e pro
tempOre has no casting vote under the Constitu-
ton, but he SIMPLY votes as "A Senator III you
give the Presiasnt pro fetnDore a casting vote
ing which u the true vote OF a state, that right
thus COT ferred upon the President OF the senate
Is siven TO MIN by virtue u a law and docs not
after all we are deputing To AN umpire or to atntrd
party tue exercise of a duty uhich, according TO
4
THINK VERY CLEARLY, TOO, belongs 10 the tic0
Ho'as.s us part cf TIC legislative porer VI The
Mr. MAxEY-That umpire is a part OF our own
booy. lie Is not an outside body, but Is a part
OF Congress.
Der OF this body either 10 vi e-Presldent or as
a sen tor; but Tic pOucr conftrrtd upon him is
not gtUcn by the Constitution: u Is Il ncW pOtoer
Uhioh ue are cOrJtrf1iiD upon HIM. l deny The
pOUtT 10 create an umpire 10 dtctdc betUten the
tao HOiSts IN A MATTER WHICH Is DEvOLvED
1t Is Mr.. Morton himself who, In the above
extract, suggests the absurdity Of selecting a
member Of one Of the Houses to act as umpire
In dispute between the two Houses, in winch
he may not only have participated IN debate and
by costing "A vote, but where a decision necessa-
rily will involve judgment upon his own con-
duct. In the present issue before the country.
Senator Ferry, into whose hands Mr.. Morton
would like to consign the destinies of the coun-
try. comes exactly into this category.
We have already given enough to show the
Inconsistency OF Senator Morton's present pre-
tensions with the opinions which he EXPRESSED
in calmer moments. However, the temptation
Is Irresistible to present another view Of the
case to which he has committed himself The
following extract is from the ConRressionaI de-
bates on the 24th OF last March (see Congress
slonal Record, p. l,e42) upon Mr.. Morton's bill:
MT. W HfTE-l want to ask the Senator from
Indlana II lie does not really, under the second
sec ion of Tins I'LL, In certain contingency, do
the very thing which he now objects to doing /;
that Is TO say, upon a certain contingency throw
the election into the House of Represe ntatives?
Take this case. and II Is a mathematical calcu-
lAtiOn: Ii takes lS5 votes u elect Presiden OF
the United states IN the present college. count
ing Colorado. Suppose there are three canli-
dates at the cleo ion. The Republican candi-
date gets la undtsputed votes. and the indie
pendent candidate "A und isputed votes, which he
gould do 10y getting Illinois and Nevada. ana
date gets LOO undlsputed votes, leaving
eight votes, the votes of Louisiana,
70 determine whether the Reuublicsn can
qidate was elected or not. Suppose that In
Louisiana there Is "A contested election Of great
violence. The independent candidate Is sup
posed by one party TO ue elected I; the RepubiI-
can candidate Is supposed by the other pal. TO
be lected. The Republican electors get a GER
tihcate from Gov. Kellogg OF their election. cast
their vote for the Republican o indicate, ana
that return comes to tue President OF
the Senate. SUPPOSE the electors on the
cast their votes for the independent
candidate, ceru.y under the Constitution. II
there Is no provision for the executive authen-
ticition OF their election, that they have voted
for the independent candidate. Those returns
are opened by me President OF the Senate. The
House honestly believe that the independen
electors were elected In Louisiana. The Re
pubhcans IN the Senate believe That the Repuo-
Hcan candidates were elected. They separate
Inc House stands by the INDEPENDENT organic l.
ton the Sena'e stands by the Republican cleo
ton, thus defeating the election of President
and throwing It into the House OF Represent
tives, under the second section OF the bnl.
Mr.. MORTON mink the prccLsC cOufiuOsncu
mentioned IN the Senator from VI INLAND indu
hdppn either by the rOto NJ Il state bsing lost ne
tuO Houses not beng able 10 dCcide, or IN being
that u The precise cOnttng ncv which me ConstdM-
ton has pTOpdcd for, ThcH Il declares that. unless
some one person SHAH have Il majority Of al the
electors appointed the House SHAH Immediately
proceed 10 acct by states.
MIR. Morton was perfectly correct In this con
struction OF the Constitution, and we cordially
commend this Hypothetical and his &C
ceptsuon OF It's force and bearing to the careful
consideration Of those who, unlike MIR. Morton,
have not been candid enough to recognize the
undouhted authority OF Congress and its re.
spective branches.
The Election Bcts al Kentucky Women.
IRON, ne Nelson hec0td.
II appears that betting on the result Of
the election between Iilden and Hayes extended