The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-22
Counting the Notcs-RcFuiar Electoral
...,, - ha Disputed.

Counting the Notcs-RcFuiar Electoral
Certificates Not 49, ""'e"'
Whatever may he ihc conclusion of the
process now going on III the three doubtful
Sintos, the time is approaching when the
electoral votes must be east, certified. and
transmitted 10 the President of the senate.
il il TO lie hoped that there will be no e.
ca-ioh for considering any difficult ques-
iion rs TO the meaning Of the Con.titul .on.
either IN regard 10 the function that is To
b. performed by the President of the
Senate or that OF either or both OF the two
Houses. But'it is important that the pub
lie mind should have clear and definite
ideas IN regard to the final process of
nscertaluing with legal certainty who has
been elected President. without at pres
ent commenting on the language OF the
Constitution. it may lie useful to our read
ers If We state in what this process OF elc t
ing President AMI Nicc-prosidcnt ana OF
declaring the election consists:
l. Electors are 20 be arpomtc DO each stte.in, uch
Jnnnlcr IL, its legi. aturo mar l.r,ct.
H. The Ecc re TO mcet. and give their vote for
Prrsld M ana Vi'o.prrsdcut. sep4iateIy
III They are 10 make distact nst- Of 700 p rsons
r. "a ! a. fNf q
are to sign sAd certify
~ 1h,y ..c 20 Transmit ihctc certiaod nsts sealed
10 TIE President ~ tlr s nate.
v The President OF tie seaaic is 20 opea an these
'''''"'' -. '.e pre- noe Of tic scusic ami to
ii Use ~ h,pt,scria yc-.
VI The votes are o. a 90 &c counted. tho person
having the greatest nln'cr OF t.te- +. slfrlt II
thltnum1 rita ma jlrity II she whole fuulrr ct eicc
Tor. pro.nicl. o' the Pre- de4'i ana tnn person
receiving tl' goa e+f number of YntC-.. Nc..t'r
dent. % ia nu l1Dr '.tf OF 20 NAul. LDl1Df
Of rlscior' ap,'iit 60 os'ue We rf-ii.at
VII lfuo poison IlI fA regulate nHinhnr ciorto.
raj yot's 1- rr len O.. Pee Ient 90 PC cloa,n by
the lioi-i ot IS H.e-eltlii, So voting oy so 80
p.rson Las tac loq i-. unaJ % wore. "a. Nc. lre-
ant, the Nlcc lresi out let oe cnls,n y tle senate.
Now, IT Is clear, in our Judgment, that the
President Of the Senate Is a merely minis
terlal officer, TO open the ccrtihca Is Of
the electors that Is, TO break their seals, in
the pre- ence of the two Houses. 1t was
necessary to intrust this duty to some
high officer, in order that the seals should
remain nvlolate untl the process of
counting is TO begin in the presence of the
two Houses. To secure this, the President
Of the Senate is TO open all the certificates.
No one else can open amy one OF them.
But here his duty stops. If tie COustitu-
ton lad intended that he should count 'hc
votes OF the electors, IT woull have sail 50.
This 1t has not sand; and we must there
fore look further foy the authority torpuut
the votes. by examining that portion Of
the context which directs the counting
The Constitution, both in lis original
clause and in Amendment XII, after
directing that the President Of the Senate
shall, III the presence Of the Senate ami
House of Representatives, open all the Ger
thcates,' Immediately adds. land the
votes shall then be counted" A. it docs
not say by whom they are to be counted
the determination of that question be-
comes AN inference of law, 10 be drawn
from the nature of The duty to be perform
cd, from the place where it j. to be PERFORM
ed, from the Object that is to be attained,
from the dignity of the function, and from
the relation of the two Houses To that other
part of the proct IS which is 10 be rcsOrtod
to M Ga there appears to ha no choice by
the Electoral Colleges. Fin q tAe duty to
be pciIo. med consists ia process Of ascer-
tanning IA leg a. certainty the contents
OF certain ,u,tl unrut-; and althuuVh tins
mi-ht be done hy any one PERSON, who
should have been a ~i-uat.l BE- the Com
sti.uIun to perform IT, SET Il, the CuA-u-
tu,iOu has not made sI,l.u O.. Iruation.
all the other considerations winch b ar
upon the subj ct lead TO the oonciu. .on
that The nature OF The duty .h0uli b.. t.
Gardcd as making II one Of too doncnt-
and important character TO be mtrustod
to any one person.
Secondly place whore this duty is To
be performed is in the presence Of both
Houses OF the national Legislature; for AS
the Constitution sIys that after the cril.t-
Gates have boon opened in the presence OF
both Houses, Tie votes shall man be count
Ell, the legal presumption Is that they are
% br counted then and there. Wnat in
ference, therefore, can be- more sound
than HAT winch courlul - that tho b ldi s
III whose pres nee tins duty IL TO be- per
formed ne to b. the authority ny WhioA
II ~ 20 be a -chaI4Dd3
Thirdly The oil j.,tto be attained j. TO
ascertain wim lcsh certainty, from the
contents # the certificates whether tho
rcq'hslto nulnbcr OF electoral woes hayo
been cast Tor any person for the respective
Offices of President and Nicl-prcsnrn,.
THIS object, from its very nature, IS noi
rdlblo 10 be iulrustcd to any one person
nhd ~ II must be reached IN the pre-cno,
of the two Houses II IS % sound aud Just
conclusion that II is to DO reached by
them.
Fourthly-Tho dignity Of the function il
Que Of tho highest that can be Imagined,
IL 10 no Ices than the asoertailment Of a
cerain legal fact, which il to determine
who ID TO DO the first and who the second
executive officer OF great Government
Tor Tour years. such q function can be