The Portland daily press., 1880-12-14
The Electoral Count.

luc HOUSE are dUOul W dOduuOn tDe ulScuS-
sion of the Morgan resolution and'proceed
to the consideration of other questions.
This is well. The adoption at this time of
concurrent resolution or a joint rule can be
productive of no possible good. There is
now no dispute about the Presidential sue
cession, and the rule adopted by this Con-
gress cannot govern the next. Debate upon
the question may call the attention of the
people to the dangers attending the electo-
raj count, and quicken their desire to avoid
its perils, and so far will do good; but that
is the only fruit it will bear.
What is wanted is not the establishment
of a rule for the guidance of this Congress,
but the passage of a law or constitutional
amendment which shall govern all Con-
crosses to come that will have anything to
do with the electoral count. The law pro-
posed by Senator Edmunds, though open to
some objections, is the best law yet pro.
posed. Its provisions are in substance as
follows:
l., That each State should create tri-
bunal which, in case of controversy ard prior
to the meeting of the electoral colleges,
should try and determine which were the
lawful electors of the State.
2. No electoral vote from any State from
which there is but one return, shall be re
jected except by the affirmative vote of both
houses. oa
3. In case of disputed votes from any
lot lx, hrs chall ha H.,
declared by the electoral tribunal' Of such
State to be the lawful votes. -s,i
A. In case two tribunals in a State should
claim to be the legal tribunals and favor the
legality of different sets of electors, Congress
skall first agree which is the lawful tribunal,
and only those votes shall be counted which
are accepted by the tribunal which both
houses, acting affirmatively, declare to be
the lawful one.
Against this it is urged by many Republi-
cans that the duty of making the count is
by the Constitution given to the President
of the Senate. That objection can be done
away with by making of the Edmunds bill a
constitutional amendment. A stronger OBJ
lection, perhaps-and certainly with State
Rights men-is the provision permitting
Congress to reject thevote of State where
only one set of electors is chosen. 1t is to
be seriously questioned if that power should
be given to Congress. The wise decision of
the Electoral Tribunal should be regarded,
the States in this matter be left, so far IS
possible, to attend to their own business,
and the certificates of their established can
vassing boards be received. Wrong may
sometimes come of this, but not so great a
wrong as making Congress returning
board.
Making returning board of Congress is
just what the Morgan resolution does. The
following is summary Of its provisions:
q 1. If no objection is made to the vote Of
State it shall be received and counted.
2. If two or more lists of electoral votes
are received, on objection being made to the
first list read, the second shall be opened
and read, and so on.
8. If but one list of votes is received
the same shall be counted unless both
houses concur in rejecting it, but if both
houses concur in rejecting it, it shall not be
counted. ioz h9r1
A. In case more than one list Of electors,
or paper purporting to be such list, appears
from any State, if both houses agree in
counting either, the same shall be counted
but if one house favors one list and the 9TH
er house agrees to another list, neither
shall be counted. sti
By this rule the election of President is
virtually taken from the States and thrown
into Congress; for it is easy enough to trump
up paper purporting to be a.list of electors,
to throw out the legitimate list, and to
count in the defeated candidate if he be IA
vored by the Congressional majority. But,
it may be said, the people will not endure
an outrage like that; they will rise in revo-
luton. Revolutions are just what we do
not want We have had enough war. We
wish no disputed Presidential SUGGESTIONS.
We wish no Congressional usurpations.
What we need most is to secure as far as
is possible the avoidance of angry conten-
ton at our elections. No matter what rules
have been passed by Republicans or Demo-
Gratis. These have been done away with.
Let us have no more of them. Methods for
counting the electoral vote ought not to be
adopted by each Congress to further the
ends of its partisan majority. The count
ought to be regulated by abiding law.
1t is not probable that the adoption of the
Morgan rule will have any effect on the next
UTn Lo1sA Al
honestly and unreseryedly accepted by the
Democrats, and that they will not dispute
it. We look for no Democratic cussed-
ness" in that direction. But the adoption
of the resolution would set bad precedent.
No matter if the Republicans have already
set one. That is no reason for multiplying
them. Now is the time to take fresh start
and good start. The Morgan resolution is
neither, and so should be defeated.