The New York herald., 1877-01-24


Such plan was admitted. i: was changed
IN many OF us features Its leading feature
was rejected but, usually make bi!l, however
Objectionable to the Senate The basis o. action IN con-
draft remalne ed before the aud
not discarded totally and substituted tor
~ ore oi the provisions which escaped q enansc
was the designation Of the recipient and custodian OF
the electoral votes The power TO choose President
IN tho event Of failure by the electors was transferred
10 the House oi Representatives, but the custodian
originally selected remained The reason, the
naturaipess OF The Original suggestion, WI occur
10 evcrybo II tho Senate was 10 choose Presi.
dent 10 the event OF failure 10 elect II was natural
that with the presiding officer OF the senate the votes
should be lodged. With without this ray oi light,
however as to tho designation of the custodian ul
Will admit-it Will not be denied--that II any other
tunctionary had been designated by the same words
employed, had It been tho President OF the United
States, tho Secretary OF State, tho Speaker oi the
House. the Secretary OF the Senate the Clerk OF
House designated by The same words standing in the
constitution, his attributes his functions. his prerosa-
tive would have been precisely tla, whcrew.th you
are endowed neither more nor less.
THIS orings me TO the language ol article L. The
electors are TO transmit their vocs IN sealed packets
reason Originally to the discretion OF tno electors
u wisc sagacious and uhbascd body OF men was CON-
mittcd the WIDE selection of the Chief Maaistra e.
lhcy were TO vote b. ballot IN order To AVOID denong
to hystanders the votes they gave Under the protcc
On OF seal their votes directed 10 be sent TO tho
President OF the Senate and by hin kept, and kept
invioate until they are needed and then TO be pro-
duced and oponcd. Following thasc words we read-
Senate House Of Representatives open the
Gates. and the shall then be counted.
familiar maxim OF the constitution rs, that mean.
Ing and elect be given iar be every
word THIS ~ true oi the most riling agreement be.
tween men II must be as true OF a irlmc ot "A gov
eInmcnt laboriousy. devised and designed
eternal wedock between peoples and States. Perhaps
the nrst question that arises Is the significance OF
the words-'In the presence OF ths Senate and House
OF representatives The importance attached TO them
may be cleaned from occurrences IN The Frs. anu
Second Congresses, in which sat eighteen of the thirty
nine who mado the constitution BY act o..
Congress they required that on the day whom the
proceed ng IN question IS 10 occur the Congress shall
be ~ session.
wIrS.ssgs OR SPECTATORS?
For what is the Congress thus twice required TO be IN
session. Obviously ior some act, or that ITS members
may be spectators cannot say witnesses, for II tho
whole proceeding Is to be conducted and determined
| by man. II Is easy how any cficctual
or loyal sense the members can witness verify tue
proceeding N the President OF the Senate chooses to
say anything they may hear but nothing r"qn'rss him
qored by the constitution. The whole thing may be
in silence; but II he chooses to utter words the men,
bers OF thc houses may listen TO them, notwith-
standing that the proceeding Is wholly hia lie takes
up a paper in his scat and pcruses Il as he would
pcruse letter. Tho members from the body OF the
hail gsZc at tho spectacle they might gaze from The
galleries, and with moro power TO know the sigma
ufc the hgurcs the scnls Impressed on the paper than
| the concoursc which the oath OF Office admins
tered ut the Capitol IL must however. be admitted
~a' sea 'o bv sun"os,nu .ha. tho Two houses now
| numbering about 400 men, to attend
with their officers spectators OF pageant to and
| be gaZers scene wherein they can act nc
part. They may know suspect forgery or error
In returns but II the power rated IN tho President o
the Senate to conduct and determine tho count, the
two houses aud their members have no power to as
scrt the error, much less to arrtst St say, stop
ping here It must bo admitted that effect may be given
10 tie words nave rccitod without ascribing more
moaning than that have indicated. Tho text pro
| cccls:-
The President Of the Senate shall open all the certificates
There Is no room 10: construction here. This Is
plain grant OF power to do certain simple thing and
direction to do IT, Now tho language changes. '.Th'
President OF the Senate" IL dropped. he nowhere
again appcurs and the votes shall thon DO counted
that 49, "a count OF the voto shall then take place
That what II means cvidently-s count OF the votes
shall then bc had. '.rhe shall then be counted
BY whom As Two Senators have we'll tnquired-why
was II not SAID "by him ?"-two little words The
mon who drafted that paper-mastcrs Of language al
mostof them werewerc fastidious In TASTE so
puous In tho execution OF their work, SO determined
that words should become exact vehicles OF thought
that they appointed committee on style in order tina
every syllable might be scrutinzed. how. Mr. Presi
dent would ordinarily instructed In the Englist
language have expressed themselves had they INTENDED
that the President OF tho Senate should count the votes
tho senate and House Of Representatives. open all th
certificates and count the votes" arc tho words II
which ninety aud nIno men would naturally hnv'
written or spoken. Had they said, "Th
President OF the Senate shall the votes" simply
that would have becn plain. Whyy Because no maj
count or examine the contents Of scaled packe
without opening II, and there, implication wou'
have made all rlain. SO, had they SAID open au
uhcatcs and the shall then DO counted" WI.
'rheny'' II the President OF the Senate had TO opel
and count; il it was to have bcen timc IN on
place by ono person, all parts OF It must be thcn.
must they no.y why use twice as many words a
wcrc necessary, when the effect would DO TO bcwde
ut least, II not misicad the rcadcry
The constitution ~ tcrse. snntcntious. model o
comprehensive brevity. In the first instance thes
words, ''in Tho presence OF the Senate and House
Reprcsen tatvcs," were proposed not before the
''countcd," but after tho word ''counted' that
would have stood and old stand 'the votes shall the
be counted the presence OF tho Senate and House
Representatives" In the earlier consideration tn
words 50 standing were accepted adopted more tha
once. AT length tho provision was referred TO IN
committee OH STYLE ana In passing beg leave to In
! quirc Tor what purposcy To change tho mean
ing OF those who, by little accretons Of concurrenc
had up, step by STEP with patience and with
the various branches OF this great fabric, which wa
tho committee on style IT'S reference, 1 ask, I
change the meaning and cssancc rs u had been agree
Tor Oh no; but TO define moro sharply TO procs
1t moro distinctly before the minds Of those who,
, far thereafter, would appeal 10 this instrument
their chart and compass: When the committee re
ported these words 10 tho consideration of the Coz
vention they stood as they stand now
a" tho certificates In the OF the two hous
and the vote shall then be counted
Was 1t ever, In all the scrutiny which these word
underwcLt, proposed to commit II to the President
the senator We're any OF the forms have sugseste
or other clearly denoting that ever PROPOSED
all. No, STR; but, on the contrary, alter all this
the words, them, were adopted the Ia.
most deliberate consum mate act of the copst u OF
But IL read these words several intents appear
dropping tho President OF the Senate and employin
; the present phrase:-
VOTES COUNTED.
, "rhe votes shall then be counted" " What votes
Not all votes GAN the certic i'es'' arc 10 be opehes
but not hl tho votes 10 Uc ''luc VOteS
are ~ be counted What votes? Tho constitutional
vaild votes; not votes from Oregon althoug
six appear necessarily tho three certified
The Governor oi Oregon, although he Is the certify
officer tho Of 1892 and She only certifying Office
lnown the national laws, but the three
II there three. Counting and scersiniDg
substantial, and reasons Tor making II II "
rccur only TO tue exclusion provided by the
/ ton.
The honorable senator IRON Indiana yesterday ol
served that his view ~ that the President or III
Senate borrow his phrase''is count every thtu
trI md en-
believe that The act OF 1892 declares speaking OF IL
proceedings 10 question, "that Congress shall be
session on the second Wednesday In February, l7g
and on the second Wednesday IN February succeedir
every meeting of the electors, and tho said cert
Gates, or rs many OF then, as shall have r
and tho persons who shall I'll the oic
| vi President and Vice President asccrtanc
and declared agrcca5ly TO the constitution
hn nuI iusIauccs IN Nhich n