Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1876-11-23

THE CONSTITUTION AND THE PREsI-
DENcY.-What words the Constitution
uses about electing President. is now
pretty well understood, and but little
reference has been made to the statute
in execution Of those provisions of the
fundamental law. .1H l-fs.
Section 1873 Of the Revised Statutes
directs the executive" of each State
to cause three lists of the names of cleo
tors of that State TO be made, and de-
livered to the electors on or before the
first Wednesday in December.
Section 1873 requires the electors to
make and sign three certificates of all
the votes given by them, each certifi-
cate to contain two lists, one of votes
for President, and the other for Vice
President, and annex to each certifi-
cate one Of the lists of electors de-
scr,bed in section 1856.
Section 1879 commands the electors
to seal up each Of these certificates, and
certify on each envelope that it contains
lists of all the votes Of the State given
for each OF the Offices.
Section .l40 enjoins on the electors
to dispose Of these certificates thus !:
One is to be delivered by a messenger,
appointed by them or a majority, to
1.-THE President of the Senate" at Wash
;ngton land if none be there, then into
the office of the Secretary of State,
before the first Wednesday of January;
the second the electors shall send by
the Post Office 10 the same address; and
the third they shall cause to be deliv-
cred to the judge OF the district in which
they assemble. BY the next section the
Secretary of State is to send a messen-
ger to the judge for this certificate, if
the other two have not been received
on the first Wednesday of January.
Section 142 provides that Congress"
shall be in session on the second We'd
nesday of February, and "fhe certifi-
Gates, or $50 many of them as have
been received, shall then be opened
the votes counted, and the persons to
fill the Offices of President and Vice
President ascertained and declared,
agreeabIy TO the Constitution"
II will be observed that this formal,ty
requires no authorization Of the vote
or the certificates by the Governor, or
the Executive Of the State, other than
appending thereto a list of electors
caused by him to be made, certified and
delivered to the electors.
The constitution directs the Presi-
dent of the Senate to "open all the GER
tifcates" containing lists of votes, which
the electors sign, certify and transmit
sealed TO him, land the votes shall then
be counted" What votes? al the
votes described or given in the lists
contained in or appended to the certifi-
Gates, The words are emphatic that
'aH the certificates" shall be opened,
but not that .'or' the votes shall be
counted. Does the Constitution per-
NIT any votes to be excluded for any
reason. The President OF the Senate
or the two houses or one house, or all
together, have certainly heretofore ex-
Guided votes. Where did one or all
get the power' Did they usurp it:
This brings Us to the famous joint
rule adopted in 1865. This rule clear
ly assumed that either house could at
will prevent the reception Of the votes
Of any State, and the counting Of them.
During ten years the rule was in force,
and acted upon during two Presidential
elections. Both houses assented to it.
The Senate at the last session did not
readopt it, nor did the House. Indeed,
neither body appears to have readopted
any Joint rules, and MIR. Randall says
that in his day it has not been done.
But even if the joint rule is dead, how
can that influence the inquiry as to a
grant OF power to each house, in the
Constitution, to prevent or regulate the
ccun,ings Certainly the power was in
the Constitution from 1865 to 1876. or
else the joint rule was usurpation--
If either house had the power then. it
will have il next winter; and il either
has then the power. either can certainly
provide by its own rules for its efficient
exercise. The second clause Of the
fifth article OF the Constitution says that
leach house may determine the rules
Of il. proceedings" As the Senate in
1928 investigated the election and
return OF. Louisiana electors and finally
- e shS fa<>k~ ~ar.