The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-03
Z.
A Highly Interesting letter from
Judge Meredith.
TFor the Dispatch.j
THE pBEs1DBNrsor THE 3sEsATR-rHE FIRST

TIE PRESIDENT OF THE :sENATH-THE FIRST
COUNT oF9THE ELECTORAL VOTES.
Those who claim that the president OF the
Senate can count the electoral votes, when
the two Houses assemble on the second
Wednesday in February for that, purpose,
lay much stress on the circumstance that az
the election OF the. first President OF the
United States the president OF the Senate
did open and count the votes; and those
who deny his right to count the votes offer
various reasons, to. explain that circum-
stance. The true explanation will be found
in resolution of the Convention when
framed the Constitution, and which was
adopted by that body on the same day on
which the Constitution was adopted-to
wit, on the 18th day of September, 1887,
and which will be found appended to the
Constitution.
The Convention, after the Constitution
was adopted, passed two resolutions Inc
first recommended the manner in which the
people of the several States should ratl1y
the Constitution, and how notice thereon
should be given. The second resolution
recommended that as soon as the Constitu-
ton should be ratified by nine States the
Congress Of the United States should assem-
BILE and fixa day on which electors snonid
be appointed by the States, and also cay
on which the electors should assemble 10
vote for the President, and that they should
transmit their votes, certified, slgned,.
sealed, and directed to the =" secretary 81
The United States in Congress assembled" !;
and the resolution concludes IN these Words:
"That the senators and representatives
should convene at the time and place as
signed: that the senators should appoint O.
r., r{o- fnf~f
of receiving, opening, ana 'coantan9 t"e
uotes for President"
This resolution, in express terms, author
ICES the President OF the Senate to count
the votes for President for this occasion
but it will be observed that the object OF the
resolution was to-put the new Constitution
into operation 1t is the mode resorted to
whenever new constitution is adopted
in one of the States, and known rs
nscbedule.'' The electoral votes had to be
counted; there was no Vice-President-
who would er-o6icio be president OF the
Senate-to whom the electoral votes could
be directed, and who should open them as
required by the new Constitution; there
could be no legislation by the two houses as
to the mode of counting the votes, nor
could they adopt joint rule to regulate
their proceedings when the two houses as
sembled to count the votes, because the two
houses were not organized and could not
lecisIate; and hence it was necessary that
some mode should be designated for count
ing the electoral votes at the first meeting
OF the two houses before the Constitution
was nut into operation and before they were
oreaniZed This was done by the Con-
vention by means of this resolution,
which recommended that "the senator's
should appoint q president Of the Senate
for the sole purpose of receiving, opening,
and counting the uotes for PRESIDENT" He
received the votes from "the Secretary OF
The United States in Congress assembled"
and not from the electors. The resolution
does not authorize him to count the votes
for Vice-President, and requires the votes
to be directed to the "Sccretary VI the
United States in Congress assembled" and
not to the president Of the Senate, and dill
fcrs in several particulars from the Sd Sec
ton of the 2d article of the Constitution,
and shows that the counting of the electoral
votes by this temporary president OF the
Senate was the means recommended by the
Convention to put in motion the machinery
of the new Constitution aud to organize the
Government under it. And that, being
used for this temporary purpose, 1t cannot
be cited as a precedent to- establish the
right OF the president Of the Senate to
count the electoral: votes; for the resolu-
ton concludes: "And that after he (the
President) shall be chosen, the Congress, to-
gethcr with the President, should without
delay proceed to execute this Constitutions"
-, JOHN A. MEREDITH.