Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-19

Rev. Samuel I. Spear, d. D., has been
furnishing for many months past, in the
New York Independent, series of able
cles, on the Constitution Of the United
States. In the last of these he reaches tie
subject of the Constitutional provisions in
reference to the counting of the Electoral
votes. and his conclusion, from the language
Of the Constitution. from the opinions of
all the constitutional text-writers, and from
all considerations affecting tie case. is that
the two Houses of Congress are present at
the count simply as witnesses. lie calls
attention to the fact that the final count is
made by the Constitution a merely minis
rerial duty. The States appoint the Electors
in their own way, and there is no provision
for contesting their appointments or the
votes cast By them. " If" says DR.. Spear.
i" the two Houses were the constitutional
counters of the votes, we should have for
the result two distinct and independent
sets Of counters. each having equal authority |
and neither capable of deciding anything
without the other and. hence, either capa-
bic Of neutralizing the count Of the other. |
This is contrary to all analogy in counting
votes. There is no end to the difficulties |
that may arise from conflicts between these
independent and separate counters. especial
lg Al 1t be assumed that they have any power
to go behind the returns which the Presi-
dent Of The Senate has opened as the true
ones, and which are the only returns Of
which they can have any official knowledge.
lie concludes as follows:
The conclusion that we derive from the
language Of the Constitution itself, without
any reference to the precedents furnished BY
practice, II that the authority 10 count the
Electoral votes is vested in the President of
The Senate, and that the two Houses of Con-
gress are present simply as witnesses. 1t is
not expressly said that he shall count these
votes yet it is expressly said that he shall
te the receiver, custodian, and opener of the
certificates containing the record of the
votes, aud, by natural implication, also said
that he shall exercise whatever authority is |
10 be Exercised in Identifying true and
genuine certificates. What remains after
ihis is the simple work Of reading the re-
turns " in the presence Of the Senate and
House of Representatives" adding up the
figures and declaring the result.
The view here presented is the one adopt
cd by text writers on the Constitution who
have expressed any opinion on the subject.
We submit the following examples:
l
BY Uhom the votes to be counted and the result
DECLARED. In the case Of questionable votes and
closely contested election, this power may be ALL
import mt ana presume IN the AbseDce of all |
legislative provision on the subject, that the Presi
dent OF the senate counts the votes and determines
the cult. and that the two Houses are present
Iacy oil the trHnsacton and to act only II choice
be made by the electors" Rents "Cemmenta-
les" third edit n, Vol. 1, pp. 276, 2r7)
The ballots to be counted by the President |
" the Senate, in the presence Of the Senate and
house Of Represe natives" (pomeroys '.Constitu-
-onal Law" third edition, p. Iz6)
HIS the Vice PresidentsI duties as presiding
'hcer require him toIe,eive The certificates of vote,
'sst Tor President aad Vce-Prcsident and to open
ana count them in the presence Of both Houses Of
.ongress and 70 declare the result OF the election
BY the Constitution the President OF the |
senate, In the Presence Of the Senate and House Of
hspIesentatves opens all the certificates and the
Fotes are then counted by him. tGillett', ..Fad-
'ral Government" PIP. no, l3i)
''Ths PRECEDENT ofthe Senate is REQUIRED tn on,n
nese cerlheatss In the presence Of the Senate And
aoess OF representatives, and TO count the votes
llbanys "G1Fernment and constitutional LsUn
J. 33. Z
Congress. acc riding to these authorities
'as nothing to do with counting the Electo- I
al votes beyond being present to witness
'f the trans ctiun. The duty is devolyed !,
ipon the President of the Senate. Ii is D
at so stated IN express words vet this il
i1e natural conclusion from the language of | a
he Constitution. The text-writers above ,
Ioted so expound the instrument We =
row OF no text-wr;ers who place upon it =
lIferent construction. Judge Story, Rawle, n
mi ferrar make no allusion to this specific | S
!lestion. DIR. Duer, in bis Constitutional =,
drlsprndence' Up. So, S9) refers to the .
wo Houses of Congress "as spectators to =
Witness the fairness and accuracy of the pro- Il
esding, and not a. actors Or as the deter. O,
miners Of any question. II
Here, certainly, is a strong array of II
authorities in favor Of the view of the cues 4;
Cd taken by DR.. Spear When to these is e,
1ded the early precedents, which make per- M
city lain tho il tentiol of the trainers If Nh
lie Constitution, there would seem to be no b,
niger Dom for doubt that the President of ri,
lie Senate in the al sence Of any legislative
oyisien should andmust count the votes