The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-11-01

THE RADICAL PLAN UNAvAILING.
The Republican leaders have been hugging
the delusion that in counting the electoral
votes by Congress, in the absence of the 22d
joint rule, the president of the Senate can
determine what votes should be received and
what rejected. If this were so, it would be
in the power of a man who is accidentally
president of the Senate, to nullify the will
of the people and count a man into the pres
idency who had been beaten for the office.
The past history of the Republican
party proves that so dangerous q power
would be readily exercised, if by do
ing it, its dominion would be perpetu-
ated, and its leaders permitted to hold the
offices and grow rich. Mr.. Ferry is not
strong man, and, if so disposed, could not
withstand the influences which Grant and
Morton and their likes would bring to bear
upon him, should they determine upon a
comp de etdt to elect Hayes. Happily for the
country, no such power is given the presi-
dent of the Senate. His duty is plainly
defined by the constitution, and should
he transcend it, the act would be
void Suppose, as is eontended by the Re
publican leaders, that ''there is no joint rule
in existence, and we are thrown entirely on
the twelfth amendment to the constitution
for our guide. Then, to ascertain what the
trainers meant-the meaning in the clause
in the amendment--we must apply the logi-
cal rules of grammar. The clause is: 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 Observe that the clause
contains but two verbs-the first in the ac-
tive. the second in the passive voice.
The first (active) shall open The presi-
dent shall open the certificates in the
presence of the Senate and House of Repre-
sentatives. The second, (passive) shall be
counted" The votes shall be counted In
the passive voice the nominative is never
the actor: but some word preceded by the
proposition ''by." The passive is used when
we either do not know the actor or do not
choose to declare it; when we do declare it,
the Shy must be followed by the actor. or
by him, her or it, if the actor has already
been named. Had the trainers meant that
the president of the senate should count the
votes, the word counted" should have been
followed by the words Shy him" Trans
pose the parts of the sentence, and the sense
will appear manifest The president of the
Senate shall open all the certificates in the
presence of the Senate and House of Repre-
sentatives, and the votes then
shall be counted-by whom is not
mentioned because not necessary, as
the Senate and House of Rep
resentatives are necessarily implied; the
duty of the president of the Senate having
already been restricted To the opening of the
certificates in the presence of the members
of the two Houses, who are the
representatives of the state and the people of
the state, and not the president of the Sem
ate. Hence the members of the Senate and
House of representatives are the counters of
the electoral votes in such manner as their
wisdom may direct, and the president of the
Senate can only announce the result of what
they have done or directed to be DONE"
1t will be for the Senate and House of rep
resentatives in joint convention, to deter
mine what vote shall be counted, and the
man whom the constitution designates as
the proper one to "open the certificate"
will have no authority to decide as TO
the reception or rejection of any
votes which may be certified to the
body over which he presides. The
founders Of the government never supposed
that any party so radical and revolutionary
as the Republican would hold power in this
country; nevertheless, being prudent men,
they did not put it in the power of any one
man to thwart the will of the people by re-
jecting the votes of states which did not vote
to suit him. Therefore Mr.. Ferry will be
unable TO elect Hayes by throwing out the
votes of such states as refuse to choose elec-
tors to suit Grant and his satellites.