The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-21
rne r.,ectoral Count.

7Bs Nation says that the present session
Of Congress Is not favorable time Tor Con-
gress to provide by law way Tor counuog
the votes Of the electors OF President ana
vice President OF the United States, the
reason given being that there IS no posi-
b,li,y OF contest over the election OF Mr.
GARy,ELp. IL seems TO us that this is rea'
son why the preseSt Congress should pass
such law. The present President Is he-
publican, and the present Congress Is Demo
cratic; and, therefore, measure wiz DC
presumptively fair which can receive 'ne
approba,ion OF both Congress aud the Pre-
sident.
II Is claimed by the two houses OF Con-
crcss that the President OF the Unucd
States has nothing TO do with the counting
OF the votes for President and Vice-Presi-
dent OF the Uuited States. This OF course
Is true, so long as the two houses content
themselves with acting under the words OF
the Constitution itself. That instrument
clearly gives them full power In the premi-
ses, and they may proceed as they will, pro-
yided they can at the time OF counting
agree rs to how they will proceed. Such
has been the uniform practice from the
foundation OF the Government until now,
II we except the proceedings In 1876. The
Republicans In war times and afterwards
acted under set OF rules for counting the
vote which were simply infamous. These
like all the.otber rules heretofore adopted,
have been called ioint-rules OF the two
houses OF Congress. This was done be-
cau.e the Constitution expressly provides
that
every order, resolution, or vote 10
which The concurrence OF the Senate and
House OF Representatives NAV be necessary
Except on question Of adi0urnmcni) shall
be presented to the President OF the United
States; and before the same shall take effect
shalt be approved by him." DC.
III the two houses act under the authority
OF the Federal Constitution as 1t stands, the
President OF the United States could not be
called upon to participate in the counting,
nor in providing for il; but II Congress at
tempts to pass rules providing for carrying
q constitutional provision into effect, then
it would seem that these rules ought to have
the force OF law, and, il so, ought TO have
the approval Of the President of the United
States. All bills providing for putting into
operation other parts OF tie Constitution
are signed by the President. The President,
forilustralion, has under the same ConstiIu-
ton thu power 10 appoint all Federal officers
except "inferior" ones, by and with the
advice and consent of the Senate alone. The
House OF Representatives is not named in
the Constitution, aud has nothing to do with
the making OF any such appointments. Yet
the tenurc-of.offce act was passed by both
Houses Il Congress, and became law over
the veto OF President JOHNSON; thus giving
the House OF Representatives voice in the
matter, as that law necessarily touches The
questiouof appointments to office, since no
appointments can be made until there are
vacancies. II, then, the tenure.oi-office act
is CONSTITUTIONAL. we cannot see why an act
would not be constitutional prescribing the
manner In which the votes for President and
Vice. President OF the United States shall be
counted.
Supposipg, then, that Congress has the
power to pass an act on the subject. we
must think that the present session is the
very one at which such an act ought TO be
passed. The Democratic Congress will pre-
vent an unfair discrimination against the
Democratic party. The Republican Presi-
dent will prevent an unfair discrimination
against the Republican party. All parties
will be satisfied with such compromise.
FG: the same reason, we think that the
present Congress ought to pass cvil-ser-
vice act-tba, is, IL any such act is to be
passed at any time. Now Is the time when
a law can be framed which will operate Inn
partially.