New-York tribune., 1876-12-23
THE COUNTING OF THE VOTE.
POWER OF TIE PRESIDENT OF THE SENATE TO DO
THE cOUNTING-THE WORDS OF THE coNsTlIU-

POWER OF TIE PRESIDENT OF THE SENATE TO DO
THE coUNTING-THE WORDS OF THE CoNSrllU-
TIoN
70 ms Edftor Of The Tribune.
SIR: Certainly one of the most interesting
subjects of the hour III throw any hight tnereon
Is the elucidation Of the proper mode to conclude anu
carry out and equitaby and legally and cOnsttuuonay
determine by mode which shall be beyond dispute
the persou having the greatest number OF votes Tor
President" according the Constitution The words
the Constitution Of the United States IN the lld ace
as adopted in September 1888, were as follows; Inc
President of the Senate shall, in the presence OF
tine Senate and House Of Representatives, open all
the certificates and the votes shall then be counted,
o a IN require the electors to vote by separate ballots
for President and VcePresident and not as required
then in the lid Article Of the Constitution that TWO
persons should be voted for, ndiscrimnae as 10 the
ofce of President VicePresdeD and the one obtai
ing the greatest number of votes shall be the Predeh
Tn september 1904 the Constitution was amended hy
striking out portion Of the I'D Article dncludihg
the foregoing paragraph, with some others ana aooP
ing the XIIth Article Of the Constitution containing
the very same words above quoted punctuated pY some
authorities in print follows, and by others precisely
"a above noted in the lid Article, which was abro
gated by the adoption Of the XIIth Article, so far as II
hore thereon viz 1.-THE President Of the Senate sal
in the presence the Senate and House OF Rcproseh
tyes open all the certificates, and the votes snail theh
he counted" An examination OF the original parchment
rolls Ia
the purpose of ascertaining the precise punctna
tioc tbereon I'm the lid as well as in the
xTItb Article The verbiage and construction, ln
cludin2 the punctuation guide TO our correct
understanding Of its land which viii probably Oby
appear 10 be the setting OF semcoon after the wor
counted" in the XIIth Article, instead OF POSSIBLY
full perio The verbage will be perceived to have been
the same as adopted by the Fathers OF the Constitution
n 1880 and by their successors Ii years aerward IN
1904 In very solemn, deliberate constitutional ahehu
mept and should be, after this twofold spproV~-lf
wears intervenng-regarded with great weight py us
Worcester says notes the smallest grammatical
division I'm written or printed language The same
authority says semcolon is used to separate such
ars NJ sentence as are somewhat less closely con
neced then those separated by comma" and period
ts In punctuatOu placed at the END OF sentencc-a
full stop" Some authorities for instance BouVer' say
All legal Instruments are to be construed WtnouI
any regard 10 the punctuation but probably the modern
advance in legal sceDce viii allow us to give more liberal
allowance To legal as well as TO other literary matters
~ the rues of grammar In those early days OF the
Constitution (probably all will admit the men elevated
70 important positions not only in themselves emil
pently honorable and trustworthy, but the people al
large entertained the very highest confidence ana ust
in the honesty and integrity OF those public servants
whom they (rhe people had clothed with high dignity
Iseems 10 Inc that they 1.-THE people Of those days. en-
tertaned no such derogatOry idea as the possoty o
unfairness operating affect the action OF the President
of the Senate OF the United States In performing the gh
trust imposed upon him Of opening all the certificates
and counting in the presence OF the senate ana
House Of Representatives OF the United States
II is only IN these degenerate days. when truth ana
bopestv are largely banished from the land that people
being inclined 10 be dstrusful would drag down oncerS
holding posts Of the highest trust to the low level OF ther
own degrading and demoralizing ideas. Cannot we by
force of will rise to higher level believe that as there
oueht tobeeroo that there really ssOme honesty in o
high ohosen officials and reading the clause OF the Con
sttuOn as above quoted with either puncuatiOn-as so
far one sentence as imposing both the opening and the
counting Of the actual certcatesas intended by Onr
Constitutional Fathers TO impose high official duty on
the acting second officer Of the Government, which the
Psdeut Of the Senate undoubtedly Is Then let the im-
posing ceremony take place the Constitution pre-
scrbes to witt In February next the President oil the
Senate shall. in the presence OF the Senate ana
House Of Representatives, open all the cerun-
Gates and the votes shall then be counted"
The Fedenast work Of the highest character, lauded
nv Chancellor Kent and all other great judicial minds
mainly written by Hamilton, Madison and JAY does not
seek 70 elEcldae the point which am now discussing
because as Iconceve) they entertained the views which
Ihaye endeayOred TO portray, as having had contro
ling influence upon the minds Of those who wrote the
Constitution, The Eederals on cognate subject says ID
reference to the propriety Of voting for President
through electors instead Of by direct popular vote
"a small number OF persons selected by their fellow
citizens from the general will be most likely to pos
sess the Information and dscernmeHt requisite 10 So
complicated an investigation" the choice of Presi
dent Of the United States And then all that 1t says IN
relation to the opening Of all the certificates and "th'
votes shall then be counted is These votes thus given
are to be transmitted the seat Of the National Govern
ment and the person who may happen to have n ma
jority of the whole number of votes Will be the "resi
dent" Wan. COVENTRY H. MADDBLL
0-York, Dec. Is, 1876
COUNTING THE ELECTORAL VOTE.