The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-11-30

districts 10 give the STATE 10 the mayer
electors, and those electors be by thai
Board returned as elected, let us consider
what will then be the lawful and regular
course of proceedings, that we may dis
coyer what, if any, lawful remedy for the
abuse will remain.
On the second Wednesday in February
the houses of Congress are required tc
meet in Joint convention, that the cleo
toral vote may be opened and counted
It has been assumed that the House o.
Representatives will refuse to attend tC
perform that duty. The interviewers
might have saved their time. The House
will most certainly attend, and the Presi'
dent of the Senate will then open the re-
turns.
Just here let me refer to the PROPOSE.
ton that the President of the Senate can
himself, against whatever objection-by
sheer force of muscle and voice, sup.
pose-receive, ascertain and count the
votes, and proclaim the result. But II
should be remembered that no amount
of voice nor audacity can confer constitu-
tional right. The Constitution gives the
|
count the votes-meaning, by counting,
the right of ascertaining and receiving
the votes. For, to count the votes is to
decide what are votes. 1t is only the
Electors OF the States who have right
to vote. All that the Constitution says
is, "The President of the Senate shall, in
the presence of the Senate and House OF
Representatives, open all the certificates,
and the votes shall then be counted."-
Counted by whom the Constitution does
not say.
The Vice President and the Electo-
raj Count.
If to be counted by the Vice President
was meant, l think, no one familiar with
the precise and terse style of the Consti-
tuition could doubt that the clause would
have read, "The President of the Senate
shall, in the presence of the Senate and
House of Representatives, open all the
certificates and count the votes" The
change in the form of language shows
that it was not he who was to count
And what could be more unreasonable
than that the Vice President, who, by
our system, is deprived of all real power,
and is only an expectancy provided for
the contingency of Presidential vacan-
cy or incapacity, who more frequently
than any other officer of the Government
has been himself candidate for the
Presidency, should alone possess the un-
equalled power of determining who 10
elected to be Executive of this great ma.
ton.
Eight times already has the Vice Pres
ident been one of the candidates for the
Presidency voted for by the electors, and
to be counted in or counted out as votes
were received or rejected.
"Would the House," asked Mr.. Clay,
on the objection to the vote of Missouri
in 1921, "allow the Vice President singly
and alone thus virtually TO decide the
legality of the vote2" And no one then
pretended that it would. "The Constitu-
tion," Mr. Clay further said, requires
the two Houses to assemble and perform
the highest duty that could devove on a
public body, to ascertain who had been
elected by the people to administer the
national concerns, in cases of votes COM
ing forward which could not be counted
the Constitution was silent; bu fortu-
nately the end in that case carried with
it the means. Two houses were called
upon to enumerate the votes for Presi-
dent and Vice President. Ofcourse they
are called on to decide what are votes"
(Annals Cong. p. l, (l50)
But whatever may be thought of this,
as an original question, it may we'll be
claimed that the practice of the Govern.
ment has settled the Interpretation of
this clause OF the Constitution.
Never since the Government was es.
tablished has any Vice President assum-
ed to count an electoral vote, except as
the houses permitted; and never once, in
all the twenty-three elections decided.
has a Vice President failed to withhold
or prevent returns, or to reject or an
nounCe votes, as the houses directed.
The Established Precedent.
As at the time of the first election there
was no Vice President, and person had
necessarily to be appointed to count the
votes, that occasion may be a precedent.
But in 1893 the houses raised a joint com
mittee to ascertain and report "the mode
Of examining the votes" and, in accord
ance with their report, named tellers,
One for the Senate and one for the House
and when the house were assembled the
Vice President broke the seals ofthe re-
,urns, handed them to the tellers, who,
having examined and ascertained the |
votes prepared and presented list to the |
Vice President, showing the state of the |
vote, which list was read to the two hous-
%, whereupon the Vice President de-
,lared the result accordingly"
And this may be said to have been |
substantially the method ever since pur-
ued. On some occasions the records are
uller and more significant than others.
Cor instance, in 1897 the Vice President,
ohm Adams, said: "By the report which
las been made to me by the tellers ap.
,ointed by the two houses to examine
he votes, there are seventy one votes
or John Adams" &C.. stating the result,
nd then he proceeded, "In obedience to
he Constitution and the law of the Uni
ed States and to the ommand of both
1ouses of Congress, expressed in their
esolutions passed in the present session,
declare John Adams elected" &c.
In 1917, when, in the case of Indiana,
be objection was first made to receiving
vote, the Vice President made no at.
empt to decide the question, but the
ouses at once withdrew to consider it.
In 1921 the houses directed how the
otes of Missouri should be announced,
nd they were announced accordingly.
In 1857, on suggt stion that the whole
{ the certificates need not be read, the
ice President said that, under the rule
houses appointing tellers he consider.
that the counting of the vote devolved
pon the tellers and the decision of what
Mould be read rested with them.
In 1865 the Vice President refused to
pen the returns he had received from
and Tennessee, because 80 di-
,cted by the house.
In 1869 he refused to consider obiec-
ons to the vote of Louisiana and Geor-
"a, because so directed by the houses.
In 1872 he opened the returns and ac-
,pted without remark the desision oflhe
ouse, by which the votes from Georgia,