Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-01-03


claim it, not upon an express grant of that
power in the constitution, but as an imph-
cation or inference from the language OF
that instrument; and it is insisted in sup
port of that view, not only that it is not
given to any other person or body
but that contemporaneous exposition OF
construction, and the practice of successive
Congresses in counting the votes, support
that Interpretation of the constitution.
In respect to this it may be observed.
that a practice not in conformity with the
constitution would be binding upon no one.
Years Of apparent consent to manliestly
wrong construction cannot make that con-
struc!ion right, or make the constitution
different from what it is, Nothing goes so
far to destroy the value of II written con
stitution us forced constructions to meet
supposed emergencies, or careless inter-
probation when no controversy exists
There is ii kind of indoent disposition, too
common both in legislatures and in courts,
to follow presidents; to consider anything
right provided it has been done before. 1t
is vastly easier to follow I'M evil example
than to make Il good one; and IN invasion
of the constitution, Or mischievous piece
of legislation, is sure to have too many i'm
ilntors. If the trainers of the constitution
intended to give the president of the Sen
ute power to count the votes of the cleo
tors and decide all disputed questions con-
ccrning them, they certainly did not say o
in the instrument itself; and having not
only used language which fails to disclose
such intent, but, on the contrary, having
employed an expression which, in its con-
nection negatives any such purpose, there
wouId seem to be no need to look after
what is called contemporaneous interpre-
tation in order to make language mean
what it plainly does not mean. However
rs this historical argument is not only
much relied upon,-is, in fact, the main de-
fence of the theory that the president o
the Senate has power to count the votes,-
it shall be given II careful consideration
The method of counting the votes FOL
the first president is made to do duty MS
conclusive Interpretation of the constitu
ton on that point. How much it is wortl
for that purpose will be seen from wha
follows.
The convention which framed the con
stitution, on the 18th of September, 1871
passed the following resolution:
Resolrcd, That it is the opinion of thi
convention, that us soon rs the convention
t of nine states shall have ratified this consti
f mtionthe United States in Congress assem-
bled should fix Il day on which the eIector
should assemble to vote for the pres
= dent, and the time and place for commenc
e ing proceedings under this constitution
It That after such publication, the elector
S should be appointed, and the Senators an
Representatives elected That the elector
y should meet on the day fixed for the cleo
: ton of the president, and should transm
If their votes, certified. signed, sealed and d
= rected, as the constitution requires, to tn
If secretary of the United States in Congrc>
assembled; that the Senators and Repre-
. sentatives should convene at the time IN
place assigned; that the Senators shouI
J. appoint president of the Senate, for I'll
d sole purpose of receiving, opening an
!, counting the votes for president; and tn
II after he shall be chosen, the Congress, t.
Il gether with the president, should, witho
is delay, proceed to execute this constit
IS ton.
= The first election of president was he
is in pursuance of this resolution, and n
II under the constitution; president OF Il
e Senate was elected for the "sole purpo
re of opening the certificates and countll
y the votes" us the convention had provi
ed, and he performed that duty in str
!. compliance with the resolution of the co
n vention. If it should be said that the II
,e olution of the convention was an interp'
Il tation by that body of the provision of t
m constitution, it ought to be II sufficient
I'd ply to say, that the convention, being co.
is posed of men who knew something Of
f. use of precise language in constitute
al could have said what they meant us we'll
the constitution rs in the resolution. III
We when they meant that the president OF
No Senate should connt the votes, they had
n difficulty in saying so in language read
bo understood, ought to be the highest c
~ dencc that, if they did not say so in
y constitution, they did not mean 50. So
oil as this precedent is of any value to
,o+ discussion it is decidedly against the thec
~ that the president of the Senate, under
constitution, has the power to count
votes.
of The second election for president '
of held under the constitution, and the rec
of the proceedings in counting the vote
as follows:
,ck FEBRUARY 5, 179,
ala \ message from the House of Rel
". sentatives, by Mr.. Beckley, their clerk
eat Mr.. PREsIDENT:-The House of Rel
vas sentatiyes have resolved that commi
no. be appointed, to Join such committee
ill., may be appointed by the Senate, to as
" tain and report IL mode of examining
vas votes for president and vice-president,
of notifying the persons who shall be ell
cd of their election; and for regulat
has the time, place and manner of admins
one ing the oath of Office to the president,
10, have appointed committee on their P
, FEBRUARY 6, 179
oou The Senate proceeded to the consid
axe ton of the said resolution and concur
ice. therein, and appointed Mossrs. lizard, X
RIO and Strong the committee on the par
n the Senate.
" FEBRUARY II, 179
Ana Mr. King, from the joint committee
'ver ported ne.
fine That the two houses shall assemble
o,. the Senate chamber on Wednesday n
ut twelve o'clock; that one person sha
w ,pnoin tod n tnllnr On tho mart IF tho