The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1876-12-01
TEEE HsREsIDENTaAL. CUES
TKON.
Plain Questions and Answers
ON Important POInIa.

ON Important POTn1s.
There is now great demand for
information in regard to what can
be done in case this or that contin-
gency occurs in the counting and
declaring of the Presidential vote.
We find the following article, from
the pen of James Parton, the his
torian and biographer, covers the
ground better Than any other article
on the subject, and therefore place
it before our readers. 1t will do to
keep for reference during the COM
ing session of Congress, which will
doubtless devote much time and
labor to effecting q practical solu-
ton of these very questions:
The intense interest felt through
out the contry. as to the result OF
Presidential election, has been the
occasion of our receiving many
letters asking for information on
disputed points Of constitutional
law and precedent. The following
from Reader" of Fairfield, Iowa,
fairly represents the usual queries
propounded. Our answers TO this
correspondent will cover the ground
efa host OF other inquiries. His
questions are these:
1st. Give short synopsis OF the prae-
teal work of the Electoral College.
I'd. In the event that one OF the
States, say Louisiana. should decide the
contest, and the defeated party should
contest the election, alleging that the ln-
timidation OF voters, and other frauds had
produced said result, where and what
power decides the matter!
Sd. If the matter WAS TO consume time
in the present case, beyond March Attn,
1S77-Would the present incumbent oon-
tinue to administer the affairs OF the gov.
eminent?
The Electoral College does not
meet jointly. The electors meet at
the capitals of their respective
States, and vote by ballot for Presi-
dent and Vice President, each cleo
tor casting a separate ballot for his
choice for each of these offices. The
electors of each state make distinct
lists of all persons voted for as Pres
ident, and all persons voted for az
| Vice-President, and of the number
of votes for each. Three of these
lists are signed and certified, sealed
aud directed To the President of
the United States Senate. One is
| forw arded to him by special mes
senger, one is sent to him by mail ,
and the other is delivered to the
Judge of that district in which the
electors meet. With this the work
of the Electoral College is finished,
and with it that of each individual
member of the college.
To our correspondence second
question, our answer ls, that the
State returning board Is the final
authority. An appeal has been
made to the Supreme Courts OF
South Carolina and Florida to re-
strict the powers of the returning
boards of those States simply to
counting the votes, and to restrain
them from changing the returns in
any way; but the courts will prob
ably decide that they have no juris-
dlction in the matter. In Louisiana,
under the laws of the State, the
powers of the returning board are
absolutely unrestricted, andit has I'M
doubted power 10 throw out our
| count in votes at its pleasure.
| Whether on the meeting OF the
Houses of Congress, on the second
| Wednesday of February, in accord
ance with the Constitution, to re-
ceive tho returns, the electoral vote
OF State can be thrown out or ad-
mitted is a question for serious con-
sideration, and one that has never
been satisfactorily decided. 1t
first came up in February 1921, mp
on the reelection of Mr.. MuDroe,
after the question of the Missouri
| Compromise had convulsed the I'm
ion. During the counting of the
electoral vote, an exciting debate
took place between John Randolph
and Henry Clay regarding the ques-
ton whether the three votes OF
Missouri should be counted. The
result was a compromise in the
shape of a resolution, that, because
her vote could not alter the result,
therefore, the question should pass.
The questi on was slurred over on
another occasion in regard to Geor-
gia, and, in 1873, the electoral vote
of Louisiana was thrown out by
Congress. But none Of these cases
can be cited as q precedent, because
the general result was not affected
by the action of Congress.
1t is not improbable that
on the meeting of the Houses
of Congress, to decide this
whole matter of election, there will
be difference of opinion as to their
right to throw out tho vote of GER
tain contested States, which it is
pretty certain the Democratic ma
jority in the lower House will in
sist on. The Houses would divide
to discuss apart the question. They
would probably agree to disagree,
and that would be the end of the
Joint meeting. What would follow
then it would be hard to say.
The Constitution provides that
'the person having the greatest
shall be president, if such number
be q majority Of the whole number
of electors appointed" If neither
of the candidates get this majority,
the House of Representatives choos-
es a president from the list of per-
sons voted for by the electors. 1t is
believed that the Democrats may
raise the point that the electors
from one of the doubtful States,
which they clam to have been given
to the Republicans by fraud, were
not appointed, and will claim the
right to throw out their vote. The
Republican press holds that the
president of the Senate has no dis
erection but to declare the result
from the certificates sent him from
the different States, and that result
is final.
There are two cases on record in
which the presidential election has
been thrown into the House of
Representatives aud it will be seen
that in one of these the President
and Vice-President elected belonged
to different political partics.
In 1900, jefferson and Burr, who
belonged to the same party, had the
same number of votes, being a ma
Jority of the whole, and the House
had to declare its choice. Their e
were sixteen states, of which eight
voted for Jefferson, six for Burr,