The Republican journal. [volume] (Belfast, Me.) 1829-current, 1876-11-16
Counting the Electoral Votes.

Counting the Electoral Votes.
In the close and disputed states OF the
electoral college, between Tilden and
HaJ es, the manner Of counting the votes
cast by the electors. when that duty shall
be exercised, is of great Importance So
far as the constitution and statute law
touch the matter, the provisions are as fol
lows:-Section /, Article III, of the Con-
stitution directs that leach State shall APP
point, in such manner as the Legislature
thereof may direct, a number of Senators
and representatives to which the State
may be entitled in the Congress, but no
Senator or Representative, OF person hold
ING AN office of trust OF profit under the
nlted States, shall he appointed an cleo
tor"
The Twelfth Amendment Of the Consti-
tuition provides that the electors meet
in their respective States, and vote by bal
lot tor 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 tor all
persons voted for as Vice President, and
of the number of votes for each; which
list they shall sign and certify, and trans
of the United States, directed to the Pres
ident Of the Senate 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 having the greatest
number of votes for President shall be the
President if such number be 4 majority of
the whole number of electors appointed,
Ne.
BY acts of 1892 and and 1904, as adopt
ed in the Revised Statutes Of the United
States, the following regulations are ,,adn;
meet and give their votes upon the first Wed.
nesday III December in the year in which they
are appointed, at such place in each state as the
Legs lature of such state shall direct.
See. 1876. 1t shall be the duty of the eXecu-
tive of each state to cause three lists OF the
name OF The electors of such state to be made
and certified. and to be delivered to the electors
on or before the day on which they are required
by the preceding section, to meet.
Sec E}.. The electors Shall vote for Pres-
dent and Vice President respectively, in the
manner directed by the Constitution.
Sec f3S. The electors shall make and sign
three certificates of all the votes given by them
each OF which certificates shall contain two dis
tlnct lists, one of the votes for President and the
other OF the votes for ' ice 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 cer-
liicates 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 given for
Vice President, are contained therein:
Sec. 40. The electors shall dispose of the
certificates thus made By them in the following
manner:
One They shall, by writing under their hands or
under the hands of majority of them, appoint a
person TO take charge of and deliver the President
OF the Senate, at the seat of government before the
hrst Wednesday In January then next ensuing, one
OF the certificates. "
Two. They shall forthwith forward by the post
Office to the President OF the Senate at the seat of
government, one other of the certificates.
Three. They shall forthwith cause the other of
the certificates to be delivered TO the judge of that
district i'll which the electors shall assemble
Sec. l42 Congress shall be in session on the
second "Wednesday IN February succeeding
every meeting of the electors, and the certiti-
Gates or so many of them as have been received
shall then be opened, the votes counted and the
persons TO ill the offices of President and Vice
President ascertained and declared, agreeable
to the Constitution.
But in 1863, 1869 and 1878 the counting
OF the electoral votes took place under
the twenty-second Joint rule Of the two
Houses. OF Congress, which had, and per-
haps still has, the force of law. That rule
provided that upon the counting of the
electoral vote. if any question arises as to
counting the vote OF any State, the Senate
shall repair to its chamber and vote upon
that question without debate; that the
House shall also vote upon the question
without debate; and that the vote of no
State to which objection is made shall be
except upon the concurrent vote |
OF both Houses. 1t is contended that this |
rule, under which the electoral votes of
three consecutive elections We're counted |
is not now in force, because the present
Congress has not readopted it by vote
Of both branches. The Senate, by mes-
sage sent to the House, proposed the re-
adoption OF all the joint rules except the |
I'D. The House did not concur, and it |
is contended by some that the rule con-
'inues in force until repealed by concur
rent vote. The rules of the preceding
House have been adopted rs the rules of |
The present one-and besides that one of |
he rules declares that 'These rules shall |
De the rules of the House of Representa-
ives Of the present and succeeding Con-
crosses, until otherwise ordered.'
The operation OF the 22d joint rule has
)een to exclude some electoral votes In
1872, the electoral votes of Louisiana and
Arkansas were objected to and not count
I'd. The existence or non-existence of
his rule may now be of vital Importance.
md that question may require to be sub
nitted to the Supreme Court. AS 1874
egal electoral votes are conceded to be
With the Democracy, they cannot be
cheated out of the Presidency, with that
ule in force. If Il State. the legality OF
which may be in doubt. shall be thrown
nut, Gov Tilden has at once II majority
If the remainder. Or if it be decided that
majority Of the whole electoral vote is
eeded, then there is no choice. and the
Democratic House elects President