Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09
The Electoral Bill.
. LErrER FROM SENATOR Epxusl

LErTER FROM SENATOR EDNuNDs.
The following letter. written by Senator
Eimunds, while the Electoral Counting
Bill was under discussion, has been handed
to US by Mr. Roberts, with liberty to pub
lish it:
WASHINGTON, d. C., Jan, 81, 1877.
DEAR SIR II have yours. Some misap-
| preheusion seems to exist as to the history
and present state Il the law aud practice,
in the opening and disposing Of the Electoral
votes. 10 order correctly to judge of the
propriety of the bill now pending on the
subject. it is necessary to know what has
taken place hitherto. 1t is this:
First-Down to 1917. no objection to, or
dispute concerning, the vote ola State arose.
During tina. time the President of the
Senate opened the certificates Of votes and
they were tsbulated by tellers appointed by
each House. snd handed up to the President
OF the Senate. who declared the result OF
the ,abulation, and then under the order OF
the Senate sometimes he certified that be
| had opened the certificates and counted the
votes. ard the result was that 50 and so had
been elected, or that there had been no
election.
Secoud-Wben the first doubt or dispute
arose, in 1877, in respect of the vote Of In
diana, the two Houses as Of right deter
mined what should be done without hint
even from any one that the President of the
Senate had any deciding power.
Third-When the next doubt or dispute
arose. in 1921. as to the vote OF Missouri.
the two Houses did the same thing without
any suggestion of power in the President Of
the Senate.
Fourth-When the next matter of dispute
arose in 1887, as 10 the vote Of Michigan,
the same course was pursued.
Fifth-When the question arose, In 1887,
as to the vote Of the ineligible Electors, the
committees on the subject reported that the
substantial question was whether the Elec-
toral Colleges in the several States, should
decide, or whether Congress should. and
that this should be provided for by per-
manent provision. There was not the sug-
gestion from any source that the President
Of the Senate could determine anything.
Six,h-When, in 1857, question arose as
to the vote OF Wisconsin, the same thing
happened The two Houses discussed it
and almost every speaker, il not every one.
II ~.
declared that he had no deciding power.
On that subject, Mr.. Collamer, OF Vermont,
said that question arising, ''thc chair
should have Immediately stated the condi-
diton of things. and the two Houses should
have separated to make provision in rcla-
ton to the manner of settling it" and
that it should have been provided for by
law long ago" And there was scarcely an
exception to the opinion that the two
HOUSES must decide.
Seventh-In 1865, the two Houses passed
questions touching the Electoral votes of
some of the States. and President Lincoln
in message on the subject declared that
nc had no power over it, even Us part of
the making power, and that the two
Houses had the sole power
Eighth-0n the same occasion. in lSG5,
the two Houses of Congress. being almost
entirely Republican, adopted the twenty
second joint rule providing that votes OBJ
jectod to should not be connted without tho
consent Of both Houses.
Ninth-In 1869, under the same joint
rule, the two Houses decided all disputes.
Tenth-In 1873. under the same joint
rule, the two Houses again decided every
question raised.
Eleyenth-So far there never was a ques-
ton Of dispute or doubt that the President
Of the Senate decided, or claimed the right
to decide, and in every case tho count pro-
ccoded upon the idea that no vote could be
counted without the consent Of both
House,.
Twolith--In 1876, when the House OF
Representatives had become Democratic.
through the action of some Republicans
now supposed to be misleading their party.
the twenty second joint rule fell. Had It
stood. the election OF the Democratic candi-
date would be morally certain.
Thirteenth-ln the same year. and in
March last, the Republican Senate passed
a bill (afiorward suspended ON a motion to
reconsider. made by Democracy with only
three Republican votes against it-Conk
ling, Etmunds and llowe-giying each
House the power to reject any vote when
there should no double returns, the effect
of which would DO to place the absolute de-
eisiUn Of the present dispute in the power
of the House Of Representatives, and to
make the Democratic case certain Of suo
cess.
Fourteenth-The present bill then saves
the Republican cause from the pre-deter-
mined destruction Of its hopes and fortunes
being left solely in the hands Of its Oppo-
aents.
Filteenth-Is there much ground, then.
to condemn the action Of the Senators who
have striven to get tho Republican cause, a.
well as the cause of free government under
law, out of the valley of the shadow Of
death. and put them on ground where they
can have tair and equal contest, in what
ever way it may terminate?
Very truly yours,
GRo Fbuuybs