The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-12
Counting the Votes.

There is much more logical consist
sncy and sound constitutional law in tho
propositions for counting the electoral
votes offered In the special committee of
the House by Mr.. TUCKER of Virginia
than there is in the substitute offered by
Mr.. SEEJyE of Massachusetts,. Mr.. Tuck
En's propositions assert that the power of
the House, in counting the electoral votes,
Is coordinate and equal with that OF the
Senate. This is true of the House, aud it is
equally true of the senate. There is
no middle ground between the CO.
ordinate and equal authority of the
Two Houses considered us separate bodies.
aud the proposition that neither of them
IL anything but witness to the perform
ancc of the act of counting the votes by
the President of the Senate, or by some
body else.
Mr.. fuckers fourth proposition Is, in
our judgment, equally correct. 1t is,
that in the counting of the electoral votes
no vote can be counted against the
Judgment and assent of the House of
Representatives. This follows neces-
sarily, from tho constitutional provs-
ion which does not make q joint
assembly of the two Houses, into
which they would be merged, and in
which they would together form
third body. III the two Houses have
any function to perform in the count
ing of the electoral votes, except that
OF being present as mere witnesses
and spectators of what is done by some.
body else, each OF them must act iude-
pendently and afiirmatively in the count
ing of the votes of any state. In other
words, the counting Of any vote must DO
by the concurrent act of two independent
bodies; otherwise II would follow that the
Senate, for example, is to perform the
affirmative duty of counting, aud that the
House can only raise objections on which
the Senate is to pass. This would at once
reduce the House to function subor-
dinate to that of tho Senate: result to
which the people of this country Will GER
tainly not submit.
On the other hand, ii is not true, us Mr..
SEELYE asserts, that what he calls the re-
lection of any electoral vote must necessa-
Tily be concurrent act. Whenever the
concurrence Of two separate bodies is ne
.cessarv to an Affirmative act, rs is clearly
the case i'll counting the electoral votes,
there Is, properly speaking, no rejection of
anything that is offered excepting by the
failure to do the Affirmative act through
non-concurrence in that act. Aud there
fore the following proposition of Mr..
the duty of the House of Representatives
TO accept every properly certified electoral
vote which the two Houses do not agree II
reject as contrary law" This is an entire
reversal of the true position under the
Constitution.
As soon rs Mr.. SEELYE admits, rs he does,
that the privileges, powers, anl duties Of
the House in counting the vote. are no more
and no less than those of the Senate, he adj
mits that the two b odies have au ailirma-
tive function to perform; which is to con-
cur i'll counting any vote that comes before
them. 1t follows from this, rs necessary
consequence, that IL, in any case, the two
Houses do not concur III the Affirmative
act of counting any particular vote, that
vote canlot be included IN the enumcra-
lion OF the whole number of votes, or in the
enumeration Of the votes for particular
candidate.
1t Is entirely incorrect to argue about
tnc power OF cltner inc senate or the
House to reject votes, or about their con-
currencc in rejection Of any vote. What
they are TO concur in Is in the counting;
that is 10 say, III the inclusion OF any vote
in the enumeration of the votes. which is
to decide the election. II there is no such
concurrence il the Affirmative act OF re-
ceivlng particular vote. it i not neces-
sary that there should be Il concurrence IN
the rejection Of that vote Any other con-
struction or rule of action would reduce
the House to the mere function of making
an objection without any power to give it
effect, and the Senate would be tbs only
body that would determine the election.
We trust and believe TIA 1t the House of
Representatives will assert the true doe
trine on tins subject, and will not allow
itself to he mislad by the idea that there il
any necessity for submitting its objections
10 any of the votes to the nnal concurrence
Of tue Senate i'll those objections. When
the two Houses meet to count the votes,
they must concur in counting, and need
not concur in rejecting.