The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-01-18

/ the Constitution unit, seven months alter
| tais election, On the DIST CT November, l7S9
and R-cde Is and not until May %, 1890
Ii will thGs be seen hat these men, who
were the trainers OF the Constitution, con
iefred all power Of opening, counting, and
declaring the vote on the President of the
Senate. The two Houses were merely the
witnesses to give force and dignity to the
event. The tellers were only che recording
witnesses for that purpose, as the President
OF the senate declared the vote.
At the second election of Washington a
joint resolution of both Houses was adopt
ed, as follows:
That the Two Houses shall assemble in
the Senate Chamber on Wednesday next q,
| twelve O'Clock that one teller shall be ap-
pointed on the part OF the Senate 10 make q
tis Of the ro,es az they shall be declared; tina,
| the result shall be delivered to the Presiden,
OF the Senate, who shall announce the state
| OF the vote, and the per.ons elected, to The
two Houses assembled as aforesaid, which
shall be deemed declaration OF the per-
and, together with list OF the votes. be en-
tered on the Journals of the two Houses "
Resolutions nearly the same, word for
word, We're adopted from the first elections
until very recent period. At the first
election of Jefferson, when he and Aaron
Burr had seventy three votes each, the fol
lowing words were intsrpolsted in the reso-
luton: And if it shall appear that a
| choice hath been made agreeabIy to the
Constitution That election forced the
amendment of the Constitution by which
the President and Vice President should be
voted Tor separately, instead of taking the
second on the list for VicePresident. JEFF
fersOn and Burr had The same vote, not
that the people intended TO elect Burr, but
because the design was to elect J,fier-
son President and Burr Vice-Presi-
dent. The elder Adams at that election hod
sixty-five votes, and Mr.. Pinckney sixty
TOUR, which shows that the federalists man.
aged it better by keeping Mr.. Pincxney one
vote behind Mr.. Adams. AT the opening OF
the electoral votes On that occasion, the
Vice-President, who was President of the
Senate, was Thomas Jefferson, himself the
Candidate for the presidency. With a feel
ing OF delicacy be opened the sealed envel-
opes and handed them 10 the tellers TO
count, although the resolution under which
he acted, and the Constitution, made it sim
ply his work. The teIlers in that matter
we're lis assistants.
On that occasion, and the only other &C.
cision when the election went in the House,
the dangers of the system presented them
selves. No one doubted for a moment that
the people intended to elect Thomas Jetier-
son President and yet, a. the Constitu ion
then stood, the election was thrown into the
House, the House showed what kind Of an
electoral college it was capable of making
On the l1th OF February, 1901, it voted
nineteen times, and Jefferson, who had car
ried IS out Of l3S electoral votes, got but
eight States nine were necessary to a choice
One whole week was apent in ballot,ng be-
fore Jefferson was elected. 1t is not for US
10 or believe all the current stories rife at
that time In the public mind OF intrigue,
bargain, or sale. l would only refer to a
speech of Mr.. Bayard, Of Delaware, made in
February, 1902, to be found on page All Of
Debates on the Judiciary. IL exposed the
system of electing by the House and the
Houe itself TO severe criticism. And here
let US admire the good features of the cleo
toral system. There is no national electoral
college; no body to assemble in Washing
ton to vote for President; no body Possessed
Of discretionary power to revene the de-
cree OF the people; no body to be tempted
by the eminent places OF the Government,
where few votes or one vote might change
the result.
The electoral college is purely in and for
the State. The law Of Congress designates
when they shall be elected and when they
shall meet. The Constitution fixes the
representation. Ii provides tina. one copy
OF the returns shall be cent 10 the President
of the Senate. Go mucn Importance is at
tach-d to these returns that by the act OF
1872 1t was provided that two other copies
should be made. One gees to the nearest
judge, to be held by him as security for
their preservation, and besides the copy
sent by mail one IL sent by special messen-
ger, both to the President of the Senate.
The messenger has no authority save to
bring the returns. which are sealed, in his
possession The President Of the Senate re-
ceives the certificates of the State electoral
college. He is the custodian. In case both
the copy from the messenger and by mail
are lost or not received BY the frat Wednes-
day OF January, the secretary of State sends
q messenger for the copy in the hads of the
judge.
| have said that there was no percepti-
BILE charge in form OF the joint resolution
adopted by both Houses for counting the
electoral vote until a very recent period
That period was the second election of Mr.
Lincoln. \, that time, in the Senate,
February +, 1865, Hon. Lyman Trumbuli, |
then a Senator of the United States, report
ed the joint rule tie first part OF which |
reads as follows:
Rcsolred by the Seaqte, (thc House of Repre-
sentatiues coHeurrin9 tisreis,) That the fol- |
loving be added 10 the joint rules of the |
two Houses, namely: Tine two Houses
shall assemble in the Hall of the Hou-e Of |
at the hour Of one O'Clock, |
p. Ii on the second Wednesday in Feb. /
electors of President and Vice President of |
The United States, and the President OF the |
Senate shall be their presiding officer; one |
teller shall be appointed on the par, of the
Senate and two on the part OF the House OF /
10 irh0m shall be handed as
they are opened By he President Of the Senate,
Tie oeTt.Ecutss oil the electoral Votes, and said !
'etiers kdrjRg read the same in the presence
Of the Two Houses then assembled, shall |
make q list 81 the votes a. they shall |
appear from the said certificates, and the
votes having been cousted the result Of |
the same hall be delivered to the Presi-
dent OF the Senate, VINO shall thereupon
announce the state OF the vote, and the !
names of the persons, ii any, elected, which
announcement shall be deemed suiicleat
declaration OF the persons elected Presi-
lent and Vice P.esident OF the United
States, and, together with a li.t of the
votes, be entered on the Journals of the !
two HOUSES"
1t will be At once seen that there is a
very remarkable change of form, and one
with the functions of the Presi-
lent of the Senate Formerly tellers had
,een appointed, and on many occasions the
President OF the Senate handed them the
certificates to count. This resolution con-
erred on them the power from Congress.
When the portion have quoted was read.
Mr.. Trumbull said. (psge COS, volume "a,
Globe
cad, of the resolutions heretofore adopted
provide for q contingency.
Let us see whether il was the usual form
4 is singular that Nc. Trumbuli was also
hartman of the committee tina: reported
he resolution at the first election of Mr..
Isual form adopted since the second cleo
ion, and reads:
Resolred, "That the two House will as
emble in the Chamber of the House of
on Wednesday, the 18th
ay of February, 1861, at twelve o'clock,
nd the President of the Senate shall be
be presiding officer; that one teller shall
e appointed on the part Of the Senate, and
wo on the part Of the House of Represen-