Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-01-03

Jay PRESCRIBED ny law Aho celOil0"'0
was handed to the tellers by Mr.. Mason,
president of tho Senate, and the vote was
included in the statement of the vote made
out by them, and included in the result
announced by the president. The tellers re-
ported the fact to the Senate, after the
Senate had retired to its chamber, but no
action was taken upon it. Excluding the
vote of the state would have made no diff
ference with the result The president of
the Senate said it was the duty of the
tellers to ascertain whether the certificates
were regular.
At the twentieth election (1S65) the
usual joint committee reported the pod
Joint rule, which was agreed to by the two
houses, and which gave each house the
power to reject the vote of u state. 1t
was adopted in the Senate with little de- !
bate, although the subject of the control
of Congress over the count Of the votes
had been quite freely discussed a few days
previously, on the resolution prohibiting
the counting of votes Of states in rebellion
and without the yeas and nays, 1t was
passed by the House without debate and
with no objection. This rule gave all pow
er over the count to the two houses of Con.
gress. 1t had the support Of Senators
Foot and Colamer of Vermont, and Of the
then representatives from this state in the
House. The Senate did not abrogate il be-
cause of any doubt of its consttutonality,
but because it was deemed, us it undoubt-
eddy was, an unwise rule in itself. The
count in 1865, 1869 and 1873 was made III
pursuance of this rule, and with no sug-
geston that it took from the president any
power reposed in him under the consttu-
ton.
1t WAS in connection with the count in
1865 that the opinion of President Lincoln
was expressed, in the message he sent to
Congress accompanying his approval of
the Joint resolution declaring certain
states in rebellion not entitled to represen-
tation in the electoral college, in which he
said:
"That he had approved it. in Difference
to the view of Congress implied in its pas
sage and presentation to him. In his own
view, however, the two houses of Congress,
convened under the twelfth article of the
constitution, hare complete power 10 ercltde
from counting all electoral voteS By them
: deemed illegal; and it is not competent for
i the executive to defeat or obstruct that
power by veto. as would be the case i!
his action were ut all essential in the mat
ter. He disrlaims all right of the execu-
S tive to interfere any way in the matter Of
: canvassing or counting the electoral votes
It and he also disclaims that by signing said
q resolution he has expressed any opinion on
', the rectals of the preamble or any judg.
Il ment of his own upon the subject of the
: resolution"
l. At the electan in 1869, resolution sim
S lar to the one respecting Missouri already
It referred to, introduced by Senator Ed
/, munds, was passed by Congress as to thu
% vote Of Georgia. Gen. Butler objected tt
1t counting the vote of Georgia in any way
and the House voted to reject it, but til
Is president of the Senate held that the tw
N houses were bound by Mr.. Edmunds' resc
Is luton, and the vote was announced IL
he cordingy.
L. In 1878 the vote of Arkansas was nj
e. counted, objection being made on the pal
mt of the Senate, and the vote of Louisian
was rejected by both houses.
lg This historical review settles sever
II, points. 1t shows that, from the first elc
of ton under the constitution, the two hous
So of Congress have, by joint action, dele
It'll mined the mode of examining tho voL
for president and vice president" EaC
de house has appointed tellers, an these lei
hS ers have in fact counted the votes, t
~ ~ president of the Senate announcing t
he count us reported to him by the teller
Nc When amy question has arisen respectil
70 the count, it has not been decided by Il
president of the Senate, but by the t,
,si. houses, us in the case Of Indiana, MissOu
'ut and Michigan, acting either separately
OF the time, or by joint resolution in advant
III The power of the two houses, either
r.. the joint convention, OF rs II Congress,
determine what votes shall be countt
nd has always been asserted, and never Sc
IN ously questioned. The republican pa
fine has, by legislation, and by joint rule, fiji
ON committed itself to the view that the pr
mt ident of the Senate has no power excl
a,e to open the certificates, since 1.-the /
nth houses of Congress-" in the language
President Lincoln, "havo complete pow
ate 10 exclude from counting all electo
icb votes by them deemed illegal"
Against this uniform action of CongrO
int sustaining at all points tie view that
APP president of the Senate cannot, of his 0
yes, motion, count the votes, there is postiv
a alh- nothing in the records except the cert
mo cate, for several successive elections, mi
}, to by the president of the Senate, which
ain cited that he had counted the votes;
!he that the Senate ordered this certificate
ton =
tho be made is an assertion, on the part of
i. if Senate, of some power over the count, a
t to SO far, in conflict with the view that
anu president of the Senate has sole power
,,Vo the matter. But even the Senate drop
this empty form in 1929, and it has
lted been heard of since.
ate. Can the republican party now, in d
hort ance of The plain language of the COZ
:, in tuition, in the face of the uniform assert
,uld of power in both houses of Congress,
otes in the light of its own record, afford to
tible sist that the president of the Senate,
pening to be republican in politics, $
the decide what votes shall be counted
the who is to be presidents C. W, "
- no --
old-
the The Reformed Episcopalans now CO
,lec. prise about fifty parishes, sixty clergyr
hole and 1000 communicates.
pre-
nent American notions in the windows
, in on the counters of London dealers Il
vice been u great attraction to The English
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