The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-01-04

under the Constitution, would ordinarily
be the Vice President
The first counting of the electoral
votes took place in exact accordance with
this understanding. A quorum of sena-
tors was not assembled until the 9th Of
April, 1889, when Mr.. John Langdon
was chosen as President Of the Senate
for the purpose named. The Senate
then informed the House OF Representa-
tives that a President had been elected
for the sole purpose of opening the GER
tifcates and counting the votes of the
electors of the several states in the
choice of President and Vice President
of the United States" and that the Sen
ate had appointed one of their members
to sit at the Clerks table to make list
of the votes as they shall be declared"
The wisdom Of appointing "one or more
of their members for like purpose" was
suggested to the House of Representa-
tiyes. In this Senate were eight sena-
tors and in the House Of Representatives
several members, including Mr.. Madison,
who were members Of the Federal Con-
vention. What was done at the meet
ing of the two houses of Congress is thus
recorded:
THE President elected for the purpose
of counting the votes declared to the
Senate that the Senate and House of
Representatives had met, and that HE,
in their presence, had OPENED and
| COUNTED the votes of the electors for
President and Vice President of the
United States of America"
Then, stating the figures which repre-
sented these votes. Mr.. John Langdon,
as President of the Senate, declared
George Washington to be elected as
President and John Adams as Vice Pres
ident of the United States. In the Off
cial certificate prepared and signed by
the President of the Senate, and then
sent to General Washington, we find
these words:
THE underwritten, appointed Presi-
dent of the Senate, for the sole purpose
Of receiving, opening, and COUNTING
the votes of the electors, did, in the pres
ence of the Senate and House of Repre-
sentives, open all the certificates and
COUNT all the votes of the electors for
a President and for a Vice President"
similar declaration was made in the
certificate sent to Mr. John Adams, an.
nouncing to him the fact Of his election
as Vice President.
Such are the facts involved in the first
precedent in respect to the agency and
authority by which, under the Constitu
ton, the electoral votes are to be counted
and the result declared. There can be
no question, to say nothing about sub
STAN tally similar precedents following
the first one, that the trainers Of the
Constitution and the members Of the
First Congress understood the instru
ment as vesting the counting power
whatever it is and whatever it inciden
tally involves in the President of the
Senate, and not at all in the two houses
OF Congress. The power is to be exer
cised i'm their presence, and it ID theil
duty to be present for this purpose, anc
any mere matters of ceremony relating
to such presence they may arrange; yet
the counting authority, according to thii
precedent, belongs to the President o.
the Senate, and not to them.
If, therefore, Senator Ferry, or who
ever may on the second Wednesday o
next February be the President Of the
Senate, shall, under the advice of the
Senate, or without such advice, claim
and exercise the power of counting the
electoral votes, he will be simply follow
ing the first precedent on this subject, a.
well as series of essentially similar pre-
cedents. We believe that the power be
longs to him as constitutional right
and that no legislation and no joint rule
can dispossess him of it. To what exten
the power is, at least, semijudicial, a.
necessarily incidental to the function o
receiving and opening the certificates
and counting the votes, is another ques
ton. Be it greater or less, the Constitu
ton, in our Judgment, gives the powei
to the President OF the Senate.