The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-11-20
counting the Electoral Vote.

Bentons Arrangement Of inc SoHBEeS-
sional Debates furnishes the course OF
procedure in the matter Of counting The
electoral vote in the presence Of the two
houses, from 1889 down to 1857. There
have been several cases in which the
point was raised as to who should decide
when objection was made to receiving
the vote Of any State. We have already
alluded to the case Of Wisconsin in 1857,
when tho electors were unable TO meet
on the day prescribed by law on ac-
count Of a snow storm, but met on
the next day. Prior to this case
there had arisen debates over the
vote Of Indiana in 1917, and Of Missis-
,Ippl IN 1921. In neither case was any
decision arrived at by the two Houses as
10 who could decide on the admlssability
Of the vote OF the State. In the case OF
Missouri, John Randolph maintained
tina, the Electoral College was an indie
pendent body and Congress could not re-
wise It's proceedings. Mr.. Clay was ofthe
opinion that additional legislation was
needed, either law Of Congress or a
Constitutional amendment.
In 1857, In tie case Of Wisconsin re-
fered 10, Mr.. Letcher, Of Virginia, object
ed to II.
The presiding oeicer replied that debate
was not in order while the tellers were
counting the vote. One Of the tellers said
he supposed tho proper way was for the
tellers 10 report the facts to the convention
OF the two Houses and let them decide, TO
which the presiding officer aSsented.
Mr.. Smith, Of Tennessee, asked IL mo-
ton to receive the vote would be In order.
The presiding officer said Il would not.
Wien tho tellers reported the state OF the
vote, Mr.. Letcher again tried to object but
was ruled ont Of order. Senator Citten'
den asked II Congress could pass on the
question In any form.
The presiding officer ruled that nothing
could be done there but to count by tellers
and declare the result ANY further action
must be taken by the Senate or House, as
the case might be, and then proceeded to
declare the result, giving james Buchanan
ia votes, and John @. Fremont ia, which
included 6ve votes from Wisconsin.
Mr.. Marshall then appealed from the
Chair, but Mr.. Mason ruled that the votes
having been counted, and the result an
nounced, the functions OF the two Houses,
as assembled, were ended.
Mr.. Toombs excepted to tho ruling, and
the Presiding Officer explained that be was
not aware thst he could decide what effect,
II any, the facts as 10 Wisconsin would
make; nor was It his duty to decide upon
whom tho duty did devolve Of determining
the question. He had declared the whole
vote as given, and who had received the
majority.
Then arose discussion rs 10 whether the
Presiding officer had decided the question,
which was terminated by the announce
ment that the duty which brought tho Sen.
ate there had been discharged, and they
would return 10 their own chambers. The
Senate then retired.
A debate then arose in both Houses
which lasted several days, and upon which
many members gave their views, differing
very widely in regard to the powers Of the
Presiding Officer, and the powers OF Con.
gresS.
On the return OF the Senate TO It's cham.
Der, Mr.. Hunter, OF Virginia, proposed that
the question DO avoided, as II had been
done in 1921, as TO the vote Of Missouri, and
in 1887, as to the vote OF Michigan.
Several members claimed that the de.
cision Of til equestion necessarily deyolved
upon the Presiding Officer Of the Senate.
Among them, Mr.. Stuart, Of Michigan, and
Mr. Thompson, Of Kentucky, who held
that the members Of the Hous Q were only
witnesses and had no right to object al all.
No conclusion was reached, the debate
terminating In a resolution to appoint q
committee to inform James Buchanan Of
his election.
Nearly every member had a different
view Of the matter, and some Of them as.
serted 1t was clearly 'caSuH omisIus,"
which must DO provided for by legislation
or constitutional amendment. The result
OF the debate was only to demonstrate that
no proy!aion has been made for calling In
question the votes presented By the Pre-
siding Officer Of the Senate.