The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1877-01-18
From Iarper's w eskly (Rep }. Dec. 30.
The RcasIdent of the SaAats,.


Senate in the ceremony Of counting
the electoral votes are very clearly de-
fined in the Constitution, and they can
not be enlarged beyond the constitu-
tional grant. 1t has been said that he
may decide what certificates to open
and what to reject. BY what authori-
ty would he undertake to decide i?
Certainly by none granted by theCon-
stitution. 1t is said that the Senate
might previously instruct him how
to decide. by what authority? The
only constitutional duty OF the Senate
| is to be present with the House, that
the certificates may be opened before
them. Then il question between
two certificates arises, the twoHOnses,
as we have said elsewhere. must OF
necessity decide which is the one duly
authorized by the State. The Houses
may agree in what manner they will
consider the question. But the PresI-
dent OF the Senate, as such, has no
more constitutional authority TO de-
eide it than the Speaker of the House.
At the counting OF the votes, the Sem
ate has no constitutions power which
The House does not share. 1t is no
where implied in the Constitution
that eitheriIouse has power to do any
thing but witness the opening and
counting, and of necessity, as we said,
TO determine, upon constitutional
principles, which OF two certificates
be received as valid.
1t is not even provided that the
President of the Senate shall announce
the result. But that is q mere form
which affects nothing. The person
who shall have received the greatest
number of votes, if such number be a
majority of the whole number of cleo
tors appointed, shall be President,
whether any announcement to that Ell
feet be made'or not made. One of
the drollest stories OF the Washington
mill is that Senator Sherman is TO
have himself elected President of the
Senate, so that '.if no regular declara-
ton of President is made," he will
be acting President. He will "take
pains to prevent any official declara-
ton either Of Hayes or Tilden." The
President of the Senate has nothing to
do with it. If the votes are counted,
SO many for Hayes, SO many for Til
den. anybody who is capable OF doing
a sum in simple addition will know
who is the President, whether the
President OF the Senate speaks or
holds his peace. AS a matter OF cOur-
tesy, he has generally been the presid-
rrrg object upon sUcn occ1sIuHs aHd
announced the vote. But that is a
officially President OF the Senate, di-
rected by the Constitution 10 open the
certificates. There is, however, no
reason for departing from the usual
courtesy, except it be supposed that
S,c tn ,,nx NJ, ~
ferred by the CONSTITUTIONS. 974
The place for opening the certificates
and counting the votes is not desig-
mated in the Constitution. TheIiousc |
Of Representatives, which is the larger
and more convenient hall for the pur.
pose, las been generally, but net all
ways, selected. The proper place,
however, is the Senate-chainber; for
t is the President OF the Senate whom
he Constitution appoints TO receive
md open the certificates, and the
chamber of the body OF which he is
he official head is obviously the place
II which he should perform the duty.
Moreover, as no place is prescribed,
nd the duty is enjoined upon the
resident of The Senate, he may un-
Iuestlonably appoint the place and in-
lie the attendance of both Houses.
'hese are details which have been
ettied without difficulty hitherto, and
Which should raise no question now.
indeed. nothing by a custom which is
ot uniform can be urged in favor OF
he House OF Representatives. The
rOpriety of the case clearly desigaI
ates the Senate. chamber as The place
Or counting the vote. 6...o.,-.-,.. )
The action Of bOsh Houses will be ;
arrowiy watched every iiiument nm
il the final proceedings. aud whst-
yer looks like a straining OF power. or
ne exercise of questionable Authority
yill be injurious to tile side tt!lt at
smpts it. Sensible peoples and they
re really the maj jority this time, wish
} see no departure from the acknow.
.dged forms of law. The question is
OF one OF party. but OF institutions.
he paramount duty of the Two ll0tis-
5 is TO agree in advance upon some
ale to govern their aclion when the
otes are counted.