The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-11-18

dent OF the senates Power.
The extreme doubt in which the returns
received left the result Of the Presidential
election has made the counting of the cleo
toral vote in February next likely to be
an event Of very great interest and impor-
lance. On more than one occasion the
defects of the machinery for determining
which of two or more candidates has been
legally elected to the Presidency has been
strikingly shown, and attempts have been
made to remedy them; but while none Of
these efforts have met with success it has
also been fortunate that on no occasion
which has ever arisen has the actual result
been affected by the vote Of any State
which forwarded its vote and the validity
of whose returns has been questioned.
Now it seems possible that such contin-
gency may arise.
No provision has ever been made for
settling dispute of this kind. Section l,
Article H., of the Constitution directs
that "each State shall appoint, in such
manner as the Legislature thereof may
direct, a number of electors equal to the
whole number of Senators and Represen-
tatiyes to which the State may be entitled
in the Congress; but no Senator or Rep
resentative, or person holding an Office of
trust or profit under the United States,
shall be appointed an elector."
The Twelfth Amendment Of the Con-
stitution provides that the electors shall
inject in their respective States, and vote
by ballot for President and Vice President,
one of whom shall not be an inhabitant Of
the same State with themselves. And
they shall make distinct lists of all persons
voted for as President, and of all persons
voted for as Vice President, and of the
number of votes for each which lists they
shall sign and certify, and transmit sealed
to the seat of the Government Of the
United States, directed to the President
Of the Senate. The President of the SEN
ate shall, in the presence of the Senate
and House of Representatives, open all
the certificates, and the votes shall then
be counted. The person having the great
est number Of votes for President shall be
the President, if such number be a ma
jority of the whole number of electors
appointed" &c.
By acts of 1892 and 1904, as adopted
in the Revised Statutes of the United
States, the following regulations are made
SEC. 1876. The electors for each State shall
meet and give their votes upon the first We'd
nesday in December in the year in which they
are appointed, at such place, in each State,
as the Legislature of such State shall direct.
SEC. 1856. 1t shall be the duty Of the execu.
tive Of each State to cause three lists Of the
names of the electors Of such State to be made
and certified, and to be delivered to the cleo
tors on or before the day on which they are
required, by the preceding section, to meet.
SEC. 1877. The electors shall vote for Pres
ident and Vice President, respectively in the
manner directed by the Constitution.
SEC. 1873. The electors shall make and sign
three certificates of all the votes given by
them, each of which certificates shall contain
two distinct lists, one of the votes for Presi.
dent, and the other Of the votes for Vice
President, and shall annex to each of the
certificates one Of the lists of the electors
which shall have been furnished to them by
direction of the Executive of the State.
SEC. 1879. The electors shall seal up the
certificates so made by them, and certify upon
each that the lists of all the votes of such
State given for President, and of all the votes
givenfor Vice President are contained therein.
SEC. l4o. The electors shall dispose Of the
"ertlncares mus maze py 'hem IN the follow
One Thev sball bv writing ,rdo- ,ba;r
hands, or under the hands OF majority of
them, appoint person to take charge of and
deliver to the President OF the Senate, at the
seat o. Government, before tne hrst Mednes-
cey y e. sa'' '"'H "eA' ensuing one Oh 'ne
Two. They shall forthwith forward by the
post-office to the President of the Senate, at
the seat of Government, one other of the
ceT ThlSa T,o .,.ue.,,
Of tho sn 40 ho daIna AUS =. .he o.aer
Of that district in which the electors shall as.
semble.
"SEc. 142; Congress shall be in session on
;ne second on Meanesasy IN February succeed
certidcates. or 40 Ssnv Of them Ss have S been
received, shall then be opened, the votes
counted, and the persons to fill the offices of
declared asrssahle 70 ths Const;,n,;on - anu
" '''"'
TN several occasions prior TO 1869 OBJ
iections had been made to receiving the
ystes of carta;n States an .ooo,rt &c al
t,,..5 ;."..i--:.;s" -. - "eoo1us =.
''hsu aieSuiari'ies, pu. no sucn vote was
every formally rejected. In 1864 reso-
luton was adopted by Congress excluding
the electoral votes of States than in re-
bell;op bpt os no votos NOR, raoo;,od g.,
$50 AZ ~ 49, 80 AioHA
guy snen', none "eie rS!ec.eu. n pre-