Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-11-14
Counting the Electoral Vote The
Possible Peril of il.

The Constitution provides that each state snail
| appoint a number of electors equal to the whole
number of Senators and Representatives IN Con-
gress to which the State may be entitled that the
electors shall meet in their respective States and
vote by ballot for President and ' ice President;
that lists shall be made of the persons voted for
FOR those offices, and the number of votes for EACH
and the lists transmitted-signed, sealed, and GER
tifcd-to the President of the Seuate; and that
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, the person receiving the highest number
being declared elccted-proyded such a number
shall be majority of the whole number of cleo
tors appointed. Acts passed in l192 and 1904
further provided that the electors for each State
shall meet to give their votes on the first Wednes-
day in December in the year in which they are
appointed; that they shall make three distinct
lists of the result of their ballots, one to be for
warded by messenger to the President of the Sem
ate, before the first Wednesday in January then
next ensuing, one to be forwarded forthwith by
the post Office to the President Of the Senate and
one to be delivered to the Judge Of the district in
which the electors may assemble; and that Con-
gress shall be in session on the second Wednes-
day in February succeeding the meeting of the
electors, and the certificates received shall be
opened the votes counted, and the persons to fill
the Offices of President and Vice President ascer-
tanned and declared.
This is brief summary of the Constitutional
provisions regulating the counting Of the electoral
vote, and the cnactments ofCongress bearing up
on it, Now, as to their practical working. Up to
1854 no electoral vote was ever formally rejected,
although objections were made on several occa-
sions the ground of alleged irreg ularities. In
1864 Congress adopted resolution excluding the
electoral votes of States then in rebellion, but as
no such votes were rendered, the only effect oil
this procedure was to establish precedent for the
rejection of the vote Of q State by joint resou
ton of the two Houses of Congress. In 1860, IN
order to cut off tedious and unnecessary debate
upon the acceptance election OF electoral votes,
Congress adopted what has been known as the
twenty second Joint rule, which provides that
whenever such question arises, the Senate shall
Withdraw, and the question shall be submitted TO
it for decision; that the Speaker of the House
| shall in like manner submit the question to that
body for its decision, and that disputed votes
shall be counted and no questions decided affirm
atively except by the concurrent votes of the two
Houses. In 1873 several votes were rejected I'M
der this rule. The rule was adopted by each sue
ceeding Congress since 1860 except the present;
but failure oil the 10 AT IT'S last
session repeats it. fit were still in operation it
would be possible for the democratic House to Sc
cure the throwing out ofany electoral vote il chose
to by first Directing to it, and then refusing to
concur in its acceptance. Endless and dangerous
complications would arise in such case.
The difficulty now is that neither the Constitu
ton nor the laws provide means for determining
questions which may arise, TO the acceptance or
rejection of the electoral vote of disputed Stale
The present election being so very close, and
turning, very likely, upon the electoral vote of
one of the smaller Southern States where parti-
sanship runs high and fraud would go a great
way in carrying the result in one direction or the
other, it seems very probable that there will be
dispute about the acceptance of some of the eleco
raj votes. In such a contingency it is very
fortunate that we have definite means of de-
Gliding the question, SO clearly laid down and 80
firmly established that neither party could dispute
it. But the Constitution-so wise and complete
in most partculars-leayes us W ithout resource in
this difficulty, which Is of the most important
and critical that could possibly 'ari,e. The only
suggestion of way out of the dilemma lies in the
precedent Afforded by the joint resolution Of Con
gress in 1864; and the only way for amicabe
and satisfactory adjustment of such questions
seems to be in the agreement of the republican
Senate and the democratic House upon some basis
of action equally just TO both parties. The diff
Guilty is grave and it is vely unfortunate
that it should arise at this juncture.-Bostoa jour-
nj