Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-12-15
The Constitutional Method Of Counting ,tr Votes.

From the New YoTk Time.
The i.u.s tas maintained from tie very
oat-et Of this important discussion tia, the
PresiLen: of tu9 senate Wa the officer de-
isuatel ly the trainers Of the Constitution
t. open ami count the Electoral vote With
the uuqls,;i,uins approval of both lIou,e-
of C,usse--. the pre-iiins eiicef Of the s.n-
az las certified, every four years TO- more
than halt q century. that he himself has
counted this vote We are warranted in
assuming that John Langion, John Adams
Thomas jefferson. George Clinton. Abraham
Blilwiu, George NJ. Dall.s, ami the other
Presidents of the senate, officially certified
t. a fact, anl not To- an error. What tie
two HOUSES Of Congress, under the control
Of the same political party, may have d'ne
to meet the extraordinary oxigency OF a
great rebellion cannot turn back the cur
rent ola tlie Of precedent- running through
more than sixty years OF peace. The Presl-
dent Of the United States. in his Message Of
leU7, protested against this recent departure
from precedent and assumption Of uugrantei
authority On the part Of Congress. when he
laid, "Congre,s las, Therefore. 40 power
under the Constitution l. rec,n, TIE Flee
toral votes or reject them.
Senator Doolittie, Of Wisconsin, then and
since a high authority in Democratic quar-
ters. declared Nv hat / maintain under
tn. provision Of the Constitution j., that
after the votes have been given. there j. 10
power in Congress as legislative body to
declare certain votes valid Ut invalid Con-
cress Is not the Tribunal to which II j. re-
ferred but the tribunal to which it is re
ierred l. the President OF the Senate Of the
United States, prcsiding over the joint con-
yeution Of both Houses" And Hon.
Thomas IL Hendricks said, in 1869. when
discussing resolution before the Senate to
request rs presiding officer To announce the
Electoral vote Of Georgia couditioually; "lf
Georgia Is State in the Union, then We
cannot pass such 3 resolution a. this. | eau
not vote for it, whatever # feet il may have
on the result"
Other significant provisions Of law and
the Constitution confirm the correctness Of
the theory Of non-interierence on the part Of
Congress maintained by the Democratic can
ddate for President Of the nited
States. The President Of the Senate, not
Congress, Is made by the Constitution the
sole custodian of the Electoral votes from
the frst Wednesday in December until
the second Wednesday in February.
period Of over Two months If
Congress Is to have control Of this vote
a. soon as the seals inclOsng it are broken,
why not before? The theory that the off
Ger in whose custody and control the Con
stitution places the Electoral votes for more
than two months, loses all control the i'll
slant he opens the seals and learns the char
acter Of what has been placed in bis keep
ing, is not a strong one. His plain cOnsti-
tuti0nal duty is to make known what are
the votes of which he has had control, and
declare the result, even though, like Adams
and Jefferson. he is himself candidate for
President Of The United States
The Constitution and laws require the
two Houses Of Congress to assemble on the
second Wednesday in February to witness
the opening of the Electoral votes No
member Of either House has suggested the
possibility of either body alb
,enting itself since the founding of the Gov
eminent. At - o'clock, therefore. the Gus
.omarv hour on the day fixed by law, if no
rule Of procedure has been previously |
agreed upon, the Senate may notify, by its |
Secretary, the House that it is ready TO |
proceed with the count of the vote for |
President and Vice-Pre>ident, or the Senate
nav proceed to the Hall of the House OF
for that purpose. When
assembled in jJint convention, the Presi-
lent of the Senate, of course, presides. Is
here any power in the two Houses Of Con-
;ress, separately or jointly, to prevent his
'peniDg the vote? Is there any power 10
he joint convention to prevent his counting
he vote, if he deems it his duty under the
Constitution 50 to do? The Presidents OF
he Senate, presiding over these joint con-
entiOns. have ruled on twenty OF the TWEEN
y-twO occasions on " hich these conventions
ave assembled, and have never ruled the
that no business was in order eX-
ept counting the Electoral vote. They have
aled uniformly that no debate was in order,
hat no motion was in order, which, OF
curse, covers motion of an appeal from
be chair, and in many instances have ruled
hat no suggestions or observations of any
ind were in order.
1t follows. then, that the President Of the
enate, under his solemn oath of Office opens
he certificates he deems it his duty t. open,
nd no power On earth can compel him to
pen invalid certificates which he knows to
e false or fraudulent. The certified vote
Tened. he will count il or cause 1t to be
,unted, as the long line Of his distinguished
PREDECESSORS have done before him, and no
over in the joint convention or anywhere
Sc can prevent his dischargiug this duty.
e will announce the result Of the count
I'd declare the person elected, as the Presi
snt of the Senate have done on all of the {
Eenty.two occasions when the Electoral
,te has been counted before.