The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1876-12-22
COUNTING ELECTORAL VOTES.

The 18th Amendment to the Constitution
Of the United States after providing that the
certificates Of return of electoral votes for
President and Vice President in the several
states, shall be sent under seal to the Presi-
dent of the Senate at Washington, proceeds: |
"The President Of he Senate, shall, in the |
presence of the Senate and House of Rep |
ressntatives, open all the certificates, and the !
votes shall then be counted"
An important question arising upon this
clause of the Constitution is this BY whom
by what authority--shall the electoral
votes be counted The clause does not say
that the President of the Senate shall open
the certificates of return and count the votes,
or cause them to be counted, 40 1t very GER
tainly would have done if it had been in
tended by the authors of the Constitution to
confer the power in question upon him it
only says, the votes shall be counted when
they shall have been opened by the President
of the Senate, in the presence of the two
Houses Of Congress And, inasmuch as the
opening of returns and counting Of votes are
both mentioned in the clause, in close con-
nection, so that both were evidently in the
mind OF the author of the clause at the
same moment, the express authority con-
ferred upon the President of the Senate to
perform only the one act, excludes all impli-
cation of power in him to perform the
other-and this, upon familiar legal rule
of Interpretation. ..
Our question may therefore be stated thus:
Have the two Houses of Congress, in joint
meeting assembled, the power to count, or
(which amounts to the same thing) to direct
and control the counting Of the electoral
votes produced before them by the President
of the Senate? .s, ... ,... ,r.. .,..
To this question an Affirmative answer
must be given: And, in the tir-t place, it
may be asserted that such power is to be
implied from the words of the clause above
| recited which clause requires the returns to
| be produced and opened before the two
| Houses, with the added words, land the
votes shall then be counted that il, count
ed by the two Houses then and there present,
and assembled apparently fir that express
purpose. Besides, the reasoning which ex-
cludes the Presiding Office of the Senate from
the exercise ofthis power, points irresistably
to the possession of it by the two Houses
for no other possible depository of the power
is indicated by the Constitution. "'''
This implication from the text of the Con.
stiuton is supported by general considera.
tions. 1t is necessary to the due execution
of the duty enjoined that this power shall
be vested in the two Houses-necessary tc
any due examination of returns, and to
weight of authority in decisions to be made
and it is proper also, because the two Houses
represent both the people and the states con
cerned in the election have members from
every section of the country, with loca
knowledge upon most questions that cal
arise in the counting Of votes, and becaus
either House, or both Houses, may have i'm
mediate, separate duties to perform, conse
quent upon the result of the count.
Assuming the authority of the two House
| y
upon true construction of the Constitution
we may advance to the next question, whic
: is: How shall that authority be exercised
Doubtless the Houses may count by Teller
r by Clerks. by their Presiding Officers, G
even one of them, or by a combination c
these agencies, or some of them,, ,,accordin
to their proper discretion in the employ
meut of means; exercising however owe
their agents or instruments complete direC
tiou and control. ... ........
e . And generally, the exercise of their pov
s er, whether directly by themselves or t
D their agents. will be subject to regulation b
: statute or by rule; for thus only can the o
e derly and etiectuai performance of duty
, secured. By statute the time when the tW
e Houses shall assemble in joint meeting h;
D been fixed and by rules, temporary or col
/ tnuing, the proceedings in joint meetin
. have always been more or lesa completed
directed and controlled 'And the duty
, the two Houses TO provide adequate rsgul
a tions for the execution Of the power, do
e not admit of question. .,.. .,-....-., i,.,
! It is manifest that in case where deci,io
. shalt be required in joint meeting upon an
{ question, appropria.r,r regulated aclianshon'
! be had How tnat actio1 shall by 'tkpn-i
, the interest alike of order aud at r.uc
In the absence Of express rtes, u,ag
must be rsSOrtodtn As the STANDARD uf go,
. duct--upC usage eSceptioaa', uD9on5iiegc.
or wholly remote, bat co:um N, r,As"otJ
and recent. ..... ,.r......
Bat what is intended BY the provision
II "the votes shall thea be co1il-}?' Fn
e more Is meant than taa mare caum-rtt,o
e of votes-whch is the literal seu4e ot Il
words-is perfectly certain, For, ia ca r
|. enumerate the votes, the returns conttinir
Z them must be examined aud the trp,' vnt
d to be counted must be ascertaned. Fal
I, votes fraudulent vOles--uRlawiul votes, Il
?, not to be counted but the true yrus iii,
e will rightfully assign The two highest uliic
a in the Government TO the persons hottest
L. and lawfully elected thereto. The wo
p "then," in this Clause, reasonably take
8 means that the counting shall follow Il
opening of the returns and shall I've procee
,, ed with without unnecessary delay. Lii
T. other provisions of the Constitution, tn
\ provision was intended for practical use ar
20 1t admits of such pause or Interruption
Il the counting of votes as shall be found ne
Is essary to the faithful performance of dut
y Diligence no doubt is implied, but it Isl di
II gence which shall not merely hasten to a
D. suit, but shall also thoroughly accompli
e. the whole duty of the occasion-the ssce
D, tainment of the votes to be counted, the
3, enumeration and their formal announc
> ment.
d