Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-02

AiTl. lIbJ, !" Tue pTCSenCe ~ tlc oSbaIo
and House Of Representatives, open all the
crrtlii l.es and count all the votes Of the
Electors, by which il appears tha5 George
Washington was elected"
There We have the President to open,
count. ami declare the votes. the tellers
"to make list g. the votes are declared"
by the President of the Senate. thus New
Hampshire, five for George Washington.
lie then hands the certificate to the tellers
at the Clerk table to take the votes and
enter them or his list, which, being COM
plotcd. the President of the Senate, with
the list in his hands. declares the result and
signs the proper certificate, stating the fact
and tho result. The President of the
Senate does it all by himself and his assis-
| tants in that manner, State nv State.
Before the next election, Congress passed
the Act of 1872. making such regulation as
was then deemed necessary, but not in any
way changing the law or the practice a. t.
counting the votes, which may be properly
considered legislative approval and en-
actment of the mode Of counting the votes
| BY the President of tire Senate. and ut the
next 1.-THE secOnd) election, 1893, the same
course was pursued as at the first. The
certificates were Shy tho Vice-President
| (John Adams) opened, read. declared, and
| delivered to the tellers. who. having ex-
ahmed and ascertained the votes (made a
| list). presented list Of them 10 the Vice
| President. which list was read to the two
| Houses, whereupon the Vice President de
clared George Washington unanimously
elected President etc,
| At the third election, 1897. the same
course was pursued, and tine President of
the Senate, John Adams, Vice President,
signed the same certificate that he did on
the second Wednesday Of february. 1877.
open all the certificates and count all the
votes"
At the fourth count a similar certificate,
signed by thomas jefferson, ee-Presldent,
certified that he did IN the second Wednes
day of February, 1901, open all the certi-
ticates and count all the votes. This mode,
thus recommended by the Confederation
Congress, embracing the ahle-t and wisest
men in the nation, RGtledse. Ellsworth,
Madison, and Hamilton, approved and act
ed on and participated in by Mr. Lsngdon
once, Mr. Adams twice, and Mr.. Jefferson
once, ard BY the eminent Speakers Of the
| House. Muhlenhergh, Trumbull, Dayton,
Sedgewick, and Macon, and the other dis
| tinsuished members of the two Houses. and
by an Act Of Congress, was pursued for
| four elections. when the article OF the Con-
stitution providing for the election of Pres
ident was solemnly amended by Congress
and the States, ahording an opportunity tn
amend it also by changing this mode OF
counting the votes, if it were uncOnstltu-
tional, illegal, or even disapprOved of. But
tho amendment is silent on that subject
The modo of counting the votes which had
so far prevailed was thus constitutIOnally
approved and adopted as the true cen~truc-
ton by the Constitution itself.
On the fifth election the same course was
| A Il
| Burr, certified that he, on the second We'd
nesday in February, did, in the presence,
etc, open all tho certificates and count all
the votes, whereupcu it appears that
Thomas Jefferson had the majority Of the
votes. etc by all which it appears that
Thomas jefferson was elected President
and George Clinton Nice-Presiient.
Ii is unnecessary to give the details of the
| subsequent countIngs. Toe five which
have given arc but samples OF the whole
up to the period Of reconstruction. Of the
Twenty second Joint Rule and the proceed
ings under it. it is unnecessary to speak
Let its memory pass away with many
other Irregularities which find no justifci-
ton in the law or the Constitution, but
were sustained by the then existing neces-
| sites of AT anomalous condition OF public
affairs, certainly without any precedent in
the history of the world, and in the hope
| of all good citizens never to be repeated.
Judge Story speaks Of the uniformity
| of contemporary and practical construction,
the practical exposition Of the Government
itself. and Of the known talents and ability
of those by whom construction was given Is
worthy of consideration.
| Among Others of less note. the statesmen
| and lawyers of the most distinguished ma
tional reputation and exalted character. of
all shades Of political opinion. who acted
a. Presidents Of the Senate and counted
the votes, and as candidates were elected
in this manner-JOhn LangtOn. 1889 John
Ads ms. 1893, Thomas jefferson, 1901 Aaron
Burr. 1865, John c. Calhoun. 1925, James
NJ. Mason. 1857. John c. Breckenridge,
| 1861. Hannibal llamlin, lS65-all partlci-
pated in establishing this contemporary
construction during r period of more than
two generations and there, among the
distinguished Speakers of the House. sat
quietly with the Senate and House and ac-
quiesced and participated in this mode as
the constitutional mode Mr.. Mulenbergh,
| of Pennsylvania; Trnmbull. Of Connecticut;
| Dayton, of New jersey Sedgwick, of
F., Massachusetts Macon. of North Carolina
| Clay, of Kentucky; Cheeves. of South Caro-
| Ina Stevenson. of Virginia; Bell, Of Tn
nessee Hunter, OF Virginia; DAVIS, of In
diana Winthrop, of Massachusetts; Cobb,
OF Georgia Banks, of Massachusetts,. and
Orr, OF South Carolina. And the practical
exposition of the Government itself has
been uniform ever since its formation.
1t should he stated that, as would be
likely to happen, the President of the Sem
ate has been five times interrupted IN the
performance of this duty by individuals,
which interruption, instead OF weakening
. ot s 81, Il hass
strengthened it. In 1917, when the certif-
cate of Indiana was called. NJ. Taylor, a
member of the House, made an objection
that the votes had been given het re Ia
diana had been admitted into the UniDn,
whereupon tho Senate withdrew Temporal
rily. The House refused to consider Me-.
Taylor's objection. The Senate returned,
and the President of the Senate finished the
count, including Indiana, without any or
der or resolution, on his own motion; and
he declared Monroe and TOmpkins elected,
and gave the usual certificate that he did
open all the certificates and counted all the
votes, making no mention whatever OF the
interruption. In 1921, the heated term OF
the Missouri question, the two Houses
passed a resolution that il Missouri should
be objected to the report Of the count
should show that it would not make any
DO counted or not, for in either event, Mon
roe and Tompkins would be elect d. Dur
ing the count Mr.. Lawrence objected to
counting Missouri, az Eot a State in the |
Union. The Senate Withdrew temporarily, |
but the House refusing to consider the oh |
lection, the Senate returned, and the PresI- |
dent of the Senate finished the count Count |
ing Missouri. making the statement that |
Missouri would make no difference; ne de- |
cared Monroe and Tompkins elected
IL does not appear whether the usual GER |
titcate of the President of the Senate was
made on this occasion that she had opened |
all the certificates aud counted all the
votes although the Tact appears. In 1887 |
the election presented the ctse of several
Electors having been chosen who were said
to hold public Offices under the United
States, and were therefore ineligible-twO
in New HRmpshire-one in Connecticut,
and two in North Carolina. Several days
before the counting, Il fruitess attempt was
made to get from the Senate an expression
on this question of disqualification. W hen
the votes came to be counted by the PreSl-
dent Of the Senate, he decided the question
himself, and counted them all without OBJ
lection or criticism, stating in his decision
that he had counted Michigan, but that it
would make no difference whether that
State was counted or not. In 1871 Mr..
Mason, OF Virglnii, distinguished lawyer,
most able legislator and an experienced
parliameatarian. was President oil the Sem
ate. He opened the certificates and AS he
declared the vote Of each State, gave it to
the tellers TO make list of the votes rs they
were declared. The President of the Senate
himself read the list to the two Houses. and
announced a. the result the election of
Buchanan and Breckenridge. Mr. Mar
shall, OF the House, made a question OF or
der as to the right of the President of the
Senate to determine whether tho votes Of
Wisconsin ought IL lie counted. they not
having been given on the appointed day
Mr.. Mason ruled that nothing was in order
but the counting of the votes. and he and
the Senate returned to the Senate Cham
Der. OF course. Nj. Marshall's qucs-
ton became nugatOry. In the Senate there
was an attempt t. bring un the lues-
ton. hut the Senate tGJk no action upon it,
the count having been already completed.
Nothing can be more admirable than the