Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1877-01-25

Mr.. Editor II take it for granted that
the plan proposed by the Joint Committee
of the Senate and House to solve the Pres
idemtial difficulty, will be adopted.
A Committee composed of such materi-
ais. appointed for the very purpose of de-
vising u way out of what we felt TO be
dangerous position. having. with almost
entire unauimuy. agreed upon the best
course to be pursued. whatever objections
may seem to exist against it, cannot fail to
be SUSTAINED by both branches OF Con
grrs,. Hence. it j. quite desirable that it,
plan should be made to appear a. frce
from objections a. possible.
The chief objection | have heard against
it, is the preSUm,d unconsiitutionality OF
this plan. II it were really unconstitutien-
al. ths might well be regarded as AN in
superable obstacle in the way of its adop-
tiOn.-5ut is it 50: To my mind. 1t is not
At all so. 1t may possibly be extra con>;i-
tionaL but not violation OF the Consiitu-,
/ tion,--a coarse 10 IN Get Il contingency not
/ provided for by the Constitution; bnt even
this may admit OF question. an not at
all sure. that it is not strictly within its
provisions. 1t is admitted that the Con-
stitution does not in terms provide tor the
mode OF counting the electoral votes and
how this should bc done. men Of all par
ties differ so much that 1t may well be
| termed cdsus omiSSus, n matter not de-
t1m!ned. Ii the provision had read, -
The President of the Senate shall. in the
presence OF the Senate and House OF Rep
resentatives, open all the certificates and
count the votes. there would have been
no room for doubt. but instead of this,
there is something which. to my mind.
lsooks like careful avoidance OF such a
method of finding the result II now resds
The President OF the Senate shall. in
the presence of the Senate and House oi
Representative, open all the certificates.
and the votes shall than BE- coumfei."-
Counted by whom? Why by the Pre..-
dent? Why not by the Senate and uaises
The practice has been various. and the Ia.
ter precedents. (when the matter had come
10 attract most attention have been in IA.
vor Of the count bcsIfe Senate and House
but how the senate and House shall pro.
coed to count the votes is for them To de.
termine. A exssencv arises Ike the
present. when the probabilities are that
they will be unable to agree A. to the re.
, ception of certain votes. The spirit q,
partizanship may outweigh the patriotism
of the members, aud feeling or fearing
, this may be so. they through thi, Commit.
tee devise way Of determining What
, votes shall be counted. Why not this way
Is it not a counting by the House and sen
: ate: II i their way of doing il. Ii !.
their mode of settling disputed question
Bear in mind that the Constitution doe.
not determine who shall count these votes
IL does not determine that the President
OF the Senate shall couut-nor that III,
House and Senate shall count-but tn a
the votes shall then be counted'-not b,
one or the other. but in such way and man
ner as may be determin ed-and so ii IA,
Senate and House accept the Committee
tplan, the way is determined. and | fail I,
see any violation OF the Constitution. d
~, any evasion OF lis provisions.
We have reason for gratitude. under al
the circumstances, that persons dlficrin.
% widely in sheir views. certainly in thel
wishes, as to individual candidates shout,
come to AN agreement, and the result
whatever il may be. VIII no doubt be ac
quiesced in by all parties and We >hal
again be at peace, and certainly il th- b
SO. it will be a bright example to IT,
world Of the safety a well "a Of the be
nficence of Republican institutions
u W.