The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-01-18
The Counting Of the Elee,oraI Vote.

Cne dlIuOSI uIiifeTSdi DCAiCh ehsss 49,
forts to make any arrangement In
advance of the time for making the
count, to be. fruitless, and that at last
the president of the Senate must him.
self count and announce the vote. The
opinion is gaining converts rapidly that
he has the right under the constitution,
in the absence of legislation, to per-
form the function, and not only this,
but that it is his imperative duty to
make the count. There are believed to
be many Democrats who hold to this
view, and who admit there must be
legislative provisions to the contrary,
to permit the question raised as to the
legality and constitutionality of the
exercise of this duty by the president OF
the Senate. When the discussion has
proceeded far enough to define the po-
sition of the politicians, lawyers and
jurists, the country will find an array
of names in support of the constitution
ality of the count of the electoral vote
by the president of the Senate, which
will be too great to resist.
We have several illustrious prece-
dents for this course, among which we
may mention the fourth count of the
electoral votes of the several states, in
the United States Senate Feb. IL, 1901,
when it was
''Ordered, That the secretary notify
the House of Representatives that the
Senate is ready to meet them in the
Senate Chamber for the purpose OF
being present at the opening and count
ing the votes for Presidents of the
United States.''
Not for either House to participate
in the count, nor to perform any active
functions in the count, but for the
House to be ''present" with the Senate
and witness the opening and counting
the votes for President of the United
States, by the president of the Senate,
as the Constitution provides.
Hence, the president of the Senate,
in the presence of the two Houses, as
sisted by tellers respectively appointed
by them, opened and counted the votes,
and announced as the result of his
count, that the whole number of cleo
tors who had voted were 138, of which
Thomas Jefferson and Aaron Burr had
a majority; but the number of those
voting for them being equal leach had
73) no choice was made by the people,
and that consequently the remaining
duties devolve upon the House OF
Representatives"
Subsequently the House having elect
ed President, and notified the Senate
of the fact, the president of the Senate.
under a resolution of that body, issued
the following certificate:
Be it kno,un, That the Senate and
House of Representatives of the United
States of America, being convened at
the city of Washington, on the second
Wednesday of February, A. d. 1901.
the underwritten Vice-President of the
United States and president Of the
Senate, did, in the presence of the said
Senate and House of Representatives,
open all the certificates and count all
the rotes of the electors for President;
whereupon it appeared that Thomas
Jefferson, of Virginia, and Aaron Burr,
of New York, had majority of the
votes of the electors, and an equal num-
Der of votes; in consequence of which
the House of Representatives proceeded
to choice of President, and have this
day notified to the Senate that Thomas
Jefferson has by them been duly chosen
President; by all of which it appears
that Aaron Burr, Esq, of New York,
is duly elected, agreeably to the Con-
stitution, President of the United
States of America.
SIN witness whereof, have hereunto
set my hand and seal this 18th day of
February, 1901:
"THoMAs JEFFERSON.
From the first count in 1889 to the
adoption in 1865 of the 22d joint rule,
the votes of the electoral colleges were,
without challenge by either House,
opened, counted and declared by the
president of the Senate (and by that
officer for ten successive counts for
mally certified over his signature) in
the presence of the two Houses, only
assisted by tellers appointed by the
Houses as clerical aids in reading, ex-
amining, and ascertaining the votes
from the certificates. Individual men,
bers, it is true, influenced, not by a
study of the Constitution nor the pre-
cedents nor practices under that instru-
ment, but by the sentiments engendered
in heated political struggles, have at
different times questioned the power or
right of the president of the Senate to
canvass and declare the vote as a func-
tion independent of the control of the
two houses, and have claimed for the
House the power to canvass and reject
the vote of state, but in no case were
they sustained by majority in either
House. The acts and language alone
of the fathers of the Constitution are
decisive of the meaning and purpose OF
that Instrument upon that point; their
language and acts in Congress at the
early counts, as in the convention
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