The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-01-25
Constitutional Counting.

occasion of counting the votes of the Elec-
House of Representatives resolved, ''that
this House will attend in the chamber OF the
Senate this day. at u O'Clock, noon for the
purpose Of being present at the opening and
President OF the United States,'' and the
Senate on the receipt of this resolution, Iii
rected its Secretary to notify the House that
'sthe Senate are now ready to meet them in
present at the opening and counting of the
votes for President and Vice President? The
President of the Senate fiicially certifies
that he did, in the presence aforesaid, ''opek
all the certificates and count all the rotes OF
the Electors, y to which declaration he DELHI
erately sets his hand and seal.
On the first election of Madison, mes
sage from. the House informed the Senate
that s..the HOUSE is. now ready to attend the
Senate III opening the certificates AMI count
ing the votes of the Electors of the Several
States.'' As the act of opening and that OF
counting is placed in the same category, it is
evident that the agency performing the one
was expected to perform the other. But the
opening the certificates, by constitutional
command, had TO be done by the President
OF the Senate, and that the connected or as.
ISOLATED duty of counting was done by the
same officer we know from his official certifi-
cate under the seal OF the Senate of the Uni
ted States. On the reelection of Madison,
the House informed the Senate that the
House sis now ready to attend the Senate in
opening the certificates and counting the
votes" and while in attendance, the Presi-
dent of the Senate ''did in the presence OF
said Senate and House of Representatives,
open all the certificates and count all tie
votes, )" 10 which solemn declaration he sets
his hand ''and caused the seal of the Senate
to Affixed
On the occasion Of Monroe's first election
the House informed the Senate that it was
ready ''to attend the Senate, and proceed il
opening the certificates and counting the
votes of the Electors" which would imply,
il these House resolutions are to be taken lit
orally, that the opening Or breaking the seals
OF the certificates was the work of Congress.
That any authority except the President OF
the Senate could perform this duty was i'm
p )ssible. We mus: therefore infer that
the two houses are ready to proceed to
''open and count the votes by their presence
and attendance only. The correctness of
this view is made clear by the testimony of
the President of the Senate, who certiies
that he did s'open all the certificates and
count all the rotes of the Electors" Sc.
Cumulative evidence of this fact is afforded
by the wording of the joint rule, which re-
qnires the tellers ''to make a list of the votes
as they shall be delicered," which delivery of
course, could only be by their custodian, the
President OF the Senate, On the second
election of Mr.. Monroe, in 1921. true def
milton of the duties of Congress is found ir
the official record in these words:
'sThe House Of Representatives concur in
the report Of the joint committee appointed
to make arrangements upon the subject OF
counting the votes for President and Vice
President of the United States,'' and among
the arrangements for the ceremony was
the rule that the tellers should s'make a list
OF the votes as they shall be declarel''-by
the President of the Senate, of course-whe
shall announce the state of the vote and the
persons elected to the two houses assembl ed
as aforesaid, which shall be deemed decla-
ration of the persons elected President and
Vice President of the United States"
On Feb. 9, 1925, according to the official
record, s'the SeEate proceeded to the hall Of
the House of Representatives, agreeably to
joint resolution, for the purpose of opening
and counting the Electoral votes for Presi-
dent and Vice President of the United
States" If this entry means that the Sem
ate was to do or perform the opening and
counting through its presiding officer, it was
perfectly proper and perfectly ineligible.
1t cannot Eiean that the Senate as legisla-
tive body was to open the votes, and hence
did nor mean that this body was to perform
the apparently inseparable act of counting
them.
lic JOiJt ItllC Oi plOCGMufC III conducting
the ceremony was the same as had always
been in use, except that the President Of the
Senate was requested to announce ''the state
Of the vote, and the person or persons elect
ed, if 1t shall appear that choice hath been
made agreeably to the Constitution OF tie
United States. which annunciation shall be
deemed Sufficient declaration of the person
, or persons elected
1t will be observed that on this occasion.
as on others, the announcement or proclama-
ton of the President OF the Senate was Il e
official evidence Of an election or non-elac-
ton. This officer accordingly declared John
@. Calhoun duly elected Vice President, and
that no person having received a majority of
the votes given for President, and the re-
naming duties in the choice of President
devolved on the House OF Representatives .
1t thus appears that no action can be taken
in the election or choice of a President by
the House of Representatives until the prop
er officer makes proclamation of the failure
to elect the Electors appointed by the States.
N. 7. Times.