The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1880-03-05
lrrsm the ohic.ro inter oss.n.l

that the Democrats are preparing for
the Presidential campaign with q view
to count in their candidate for Presi-
dent, whether he is elected by the peo-
pie or not. They have considered all
possible contingencies. and have meas
ured the value OF all pretexts that may
be used in their favor. II three candi-
dates should be placed in the field, it
will be the policy Of the Democrats to
encourage the third party in certain
States where the conditions are favor
able, so an to throw the election into
the House. They may do this by
abandoning their party organization in
the States selected and voting for the
third.party candidate. With this con-
tingency in mind, the way for the cleo
ton Of Democratic President is being
opened by the unseating OF Washburn
in Minnesota. The Third District in
that State has always been Republican,
and Washburn had an undisputed ma
joritv CT 3,012, yet the Democrats of
the House committee have decided to
unseat him and give the seat to Dem
ocrat. None of the Northern Demo
cratic papers explain or defend this
action of the committee, but the Bour-
bon papers of the South, assuming that
no explanation or defense is needed,
accept the action of the committee Us
1ann haf ha
ident of the United States will be
Democrat.
But if the election cannot be thrown
into the House they will have matured
plans to influence the electoral count.
They have all the experience of their
last endeavor to seat a man who was
not elected at their service, and il has
enabled them to manufacture new pre-
texts on which the votes of States may
be questioned or thrown out. Events of
the last few months have shown that
the conspirators are acting on a we'll
considered plan, and, while many of
their schemes have been exposed, it is
to be presumed that many features of
their programme remain as secrets with
the leaders.
The people have seen enough, how
ever, to alarm them, and the belief that
the Democrats. anticipating defeat at
the polls, are preparing to count out
the Republican candidate, has become
a firm conviction. There are those who
laugh at such an idea, but they are of
the class who act with, or encourage, the
Democrats, and it is their trade to make
light of any accusation against the
Democratic party. Those who read the
see that if the contest is close one, O
great crisis is to come with the count of
the electoral votes.
The Senate and House are both Dem.
ocratic. There are constitutional pro-
visions and rules susceptible of differ
emit interpretations, and, after q cam
paign in which the Democrats have de-
voted their best energies to TECHNICAL
ties, there will be numerous points on
which to base objections. In such q
contest the Republicans can only cling
to the accepted Interpretation of the
constitutional provisions aud rules, and
Vice President Wheeler must be guild.
ed by the constitution as interpreted by
the highest authorities and by prece-
dent.
Ex-Vice President Colfax, in an arti.
Gle published in the Philadelphia Times
some weeks ago, calls attention to the
vagueness of the clause of the constitu-
ton directing who shall count the votes,
and in the course of the article says:
Inc twelfth amendment Of the constitution,
after requiring tho electoral votes to be "di-
~ - H.. ~
~The President OF the Senate shall, in the pres
ence Of the Senate AID House Of Representa-
tives, open all the certificates, and the votes
shall then be counted" And the act Of 1892
thus shows how tho two houses are to be
brought toge Their, @in presence Of whom the
counted: Congress shall be in session On the
second Wednesday Of February, 1888, and on
the second Wednesday succeeding every meet
ing OF the electors, and the said certificates, or
70 many OF them as shall have been received,
shall be opened, the votes counted, and the
persons wEo shall fill the Offices of President
and Vice President ascertalned and declared
agreeably to 'he constitution"
The important question, BY trhOm counter
Is too large an one to DO discussed incidentally
to another matter as now, and therefore only
quote briefly in this connection the following
from Justice Story: ut is cdsns 0DaissnS; the
constitution does not state who shall count the
vote" And Chancellor Kent, in his Comment
aries, says: "The constitution does not ex-
pressly declare by whom the votes are to be
counted and the result declared. In the case
! of questionable votes and closely contested
election this power may DO all important, and,
Ipre.ume, in the absence Of oil legislative pro-
visions on the subjrc' that the President Of the
| Senate counts the votes and determines the re-
suit, and that the two houses arc present only
as spectators, to witness the fairness and &C
| curacy Of the transaction and to act only II no
choice he made hv the plactOra "
There was in February, 1869. q warm
discussion as to whether the vote OF
Georgia should be counted for Sey-
mour. The point at issue is thus stated
by Mr.. Coifax:
adopted by both branches OF Congress, just
before the counting Of the electoral vote which
reelected President Lincoln 1t resolved, in
brief, that disputed electoral votes should not
be counted, except by the concurrent vote OF
the two houses" But early In Febrn-
ing and undetermined Swhether Georgia
was entitled to representation in the two
houses of Congress-" both houses agreed
to concurrent resoluton--the Senate by "a
to IL, and the House by % 10 lI-resolVing
that il the Georgia electoral votes "shall not
essentially charge the result" as they did not,
.they shall be reported by the President of the
Senate In the following manner: We're the
votes presented, as Of the State of Georgia, to
be counted, the result would be for - for
President, - votes; il not counted. -
votes but, in either case, - il elected" etc
This was copied literally from Mr.. Clay's
famous resolution as to the Miss 'uri electoral
votes in 1921, and similar one offered by Mr.
Grundy, of Tennessee, in 1887, as TO the Michi.
gan electoral votes.
When Georgia was called Gen. Butler
objected, and the two houses separated
The Senate decided that under the con
current resolution quoted above, Gen
Buffers objections were not in order
The House decided that, the objections
were in order, and that the vote OF
Georgia could not be counted
Mr.. Wade, President of the Senate
decided that, under the concurrent res
olution, Mr.. Butler was out of order
and directed, in the exact language Of
the resolution, that the vote be counted
and it was, although there was scene
of tumultuous disorder. The decision
was made in the face of Republican OPP
position in the House, but after the
question had been fully discussed the
action of Mr.. Wade was Endorsed.
During the discussion in 1869 the
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