The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-11-15
From the y. y. Tribune

of the Senate's Power.
From the y. Y. Tribune.l
The extreme doubt in which the re-
turns received Yesterday LETT the result
Of the Presidential election, has maae
the counting of the electoral vote IN
February next likely 70 be an event OF
very GREAT interest and Importance. On
more than one occasion the defects OF
the machinery for determining which OF
two or more candidates has been legally
elected to the Presidency have been
strikingly shown, and attempts nave
hen made 10 remedy them but while
none Of these efforts have met with sue
cess. il has also been fortunate that on
no occasion which has ever arisen on has
the uctut result been affected by the
vote OF any Stale which forwarded lis
yote and the validity of whose returns
,as been questioned. Now 1t seems
possible thar such 8 contingency may
arise.
y, provision has ever been male tor
/ settling dispute of this kind, Section
/ /. Article II Of the Constitution, directs
! mat each State shall appoint, IN such
manner as the Legislature thereof may
direct, number of electors equal to the
whole number of Senator'S and Repre-
/ sentstives to which the which the State
NAV be entitled in the Congress but no
Senator or Representative, or person
! holding a. office OF trust or profit under
the United States, shall be appointed an
elector.'
The Twelfth Amendment Of the Con
stitutiom provides that the electors
'meet in their respective States, and
vote bv ballot for President and Vice
! President. one of whom shall not be an
inhabitant Of The same State with them,
selves. s. y = And they shall make
distinct lists of all persons voted for as
Pr bsiieut, ami OF all persons voted for As
/ Wee President, and of the number OF
votes for each which lists they shall
sign AMI certify, and transmit sealed TO
the seal OF The Government of the
United States, directed to the President
Of the Senate. The President OF the
Senate shall, in the presence of the Sen
ate 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 Pre>i lent, if such number be
a majority OF the whole number of elec
tors appointed, etc.
BY acts OF 1892 and 1904, as adopted
in the Revised Statutes Of the United
States, the following regulations are
made:
SEC. 13J. The electors for each State
shall meet aud give their votes upon the
first Wednesday in December in the
year in which they are appointed, in such
place, in each State, as the Legislature
Of such State shall direct.
SEC. 1856. 1t shall be the duty Of the
executive Of each State to cause three
lists of the names of the electors of such
State 10 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 1877. The electors shall vote for
President and Vice President, respect
lively, in the manner directed by the
Constitution,
SEC. 1873 The electors shall make
and sign three certificates Of all the votes
given by them, each Of which certificates
shall contain two distinct lists, one Of the
votes for President. and the other Of the
votes for Vice President, and shall an
mex 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. 139. The electors shall seal up
the certificates 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 Presi-
dent, 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 to the Presi-
/ dent Of the Senate, at the seat Of Gov
eminent, before the first Wednesday in
January then next ensuing, one Of the
certificates.
Two. They shall forthwith forward by
| the post-ofice 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 t. be delivered to
the judge Of that district in which the
electors shall assemble.
CSC. l42. Congress shall be in session
on the second Wednesday in February
! succeeding every meeting of the electors
and the certificates, or so many of them
as have been received, shall then be
| opened, the votes counted, and the per
/ sons to fill the offices of President and
/ Nice-Presidant ascertained and declared.
/ agreeable to the Constitution"
On several occasions prior to 1869. Oh.
! JectlOns had been made to receiving the
/ votes of certain States on account OF al
legged irregularities, but no such vote was
ever formally rejected. In 1864, a reso-
luton was adopted by Congress excluding
/ the electoral votes Of States then in
rebellion, but as no votes were received
! from any OF them, none were rejected.
/ a precedent was, however, set for the
/ rejection Of the vote Of a State hy a Joint
resolution c9ncurred in by both Houses of
| Congress.
When the questions arose during the
first half Of the century touching the nc
! ceptance or rejection of the vote Of
States the returns from which were irrepn-
/ lar, long debates sometimes arose which
seriously interferTed with the PROMPT
announcement Of the result, To cut of
| such debate, the Twentv-second Joint
Rule Of the two Houses was adopted IN
1860, and re-adopted by each succeeding
Congress except the present The fol.
lowing is the text Of the rule:
II upon the reading Of any such GER
tihcate by the tellers, any question shall
arse IN regard to the counting Of the
votes therein certified, the same having
been stated by the presiding officer, the
Senate shall thereupon withdraw. and
SAID question shall be submitted to that