Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09
The Meaning of the cou,iI,at!"n.

To the Editor OF the Free Press and Times
The President of the Senate shall, N 'i4o
presence of the Senate and House oil Repre-
sentatiyes, open all the certificates, and the
votes shall then be counted.
What is the natural and grammatical sense
of this language, as indicated Ivy ltse!i' IN
the form of expression employed, as 10 int
person by whom the votes shall I've counted
1t is noticeable that there is n change from
the active form of expression IN the hFSt
clause to a passive form in the last Inc
Convention that framed the Constitution
had committee on stElr. and Us the style OF
this provision was the suniec. Of their cri'i-
cism, it may he well supposed that there
was purpose in the adoption Of just this
form of expression Now, ON the supposl-
ton that the Convention and the committee
on siEle intended to express the precise idea
that the President Of the Senate should
count the votes, the natural, orderly,
rhetorical and simple mode OF so doing was
to write THE President Of the Senate
shall, in the presence, etc, open all the GER
tifcates and shall hen count .he roies. This
change to passive form Of expression is GER
tainly awkward, il it was intended 20 ex-
nress the idea that the President OF the
| Senate should count the votes. Ii Is not
relieved Of is awkwaIlncss - adding
to the sentence the words, ty hiDl-
sand the votes shall then be counted 1p Inn
| This would have been plain enough, but still
| awkward and inelegant as compared with
the simple and natural statement, shall open
autle certificates and shall then count the
rotes If we are to suppose that it was 10
tended BY the trainers Of the Constitution
to leave this matter Of the counting OF the
votes inde.erminate, or that it was under
stood that the authority to count the votes
rested elsewhere than in the President OF the
| Senate, or that his authority to count was
subordinate to the control OF the two Houses,
| then the language used is apt to express
this idea, and this noticeable change from
the active to the passive form Is not only
accounted for, but satisfies all the demands
of right style. Observe that | am not
now contesting the right OF the President
of the Senate to count the Electoral vote, but
only contendiDg that such absolute right IS
not found in this language of the Constitu-
ton, dramatically and naturally construed,
but rather the contrary is indicated. Let
me illustrate by other instances, which, so
far as respects form Of expression, are like or
analogous, as thus:
The sheriff shall, in the presence OF the
| Judges, open the court, ard the docket shall
then be called.
The minister shall read the hymn, aud the
same shall then be sung.
The president of the club shall open all
communications addressed to the elah. and
the same shall then be read.
Sergeant Jones of Company A, shall load
their ten-pounder, and the same shall then
be fired.
The master of the feast shall draw the
corks, and the wine shall then be drunk.
| 1t would be plain violence TO the Ian
guagc used in the above instances, to say
that the actor named in the first clause Is
necessarily or naturally the agent in the
second that the sheriff should call the
docket the minister sing the hymn; the
president of the club read the communica-
| tons that Sergeant Jones should fire the
gun Though he might; or that the master
of the feast should drink the wine
Though he might join). We must
look outside the language employed,
to determine the actor, agent, or instrument,
referred to in the second clause, and to iden-
tify him with the actor named in the first.