National Republican., 1880-12-18
Counting thc Electoral Vote.

The history of the country shows thatin
every presidential election, except the first
one, in 1880, the Congress has taken steps
in advance of the count TO prescribe "a
mode of examining the votes and Of noti-
flying the persons oftheir election" The
order or joint resolution made in all cases
where there was no anticipated dispute
was a simple provision: of day for the
assembling of the two Houses; for the
appointment of tellers TO make list of
the votes as they should be declared that
the results should be delivered to the
President of the Senate, and by him an
nounced; and that such announcement
should be q sufficient declaration of the
persons elected President and Vice-Presi-
dent.
When it was clear that question ex-
listed, or could be made, as to the validity
Of certain votes, Congress anticipated the
matter and made provision accordingly.
Thus the right ofthe State of Missouri to
participate in the election of 1920 being
in question, provision to meet the case
was added TO the usual joint resolution.
The same was done in the case of Michi-
gan in 1887.
In 1865 joint resolution was adopted
declaring that the confederate States,
then in rebellion, should not participate
in the presidential election. In further
ance of this, when Congress that year
adopted the usual joint resolution pro-
viding the "mode of examining the
votes" an additional provision was made
for excluding electoral votes which might
be deemed illegal. This was the famous
twenty-second joint rule. 1t was the
simple old rule amended to meet the
exigency of war. Who was wronged by
sosimple aprecaution? What ifthc eleven
rebellious States had sentup their electoral
votes TO be counted for General McClel-
Ian, the Coppcrhead candidate? He had
been nominated by convention in which
was represented all the traitors of the
North. That body had unanimously re-
solved "That this convention shall not
be dissolved by adjournment at the close
of its business, but shall remain organ
lied, subject to be called at any time and
place that the Executive National Com
mittee shall designate" The apparent
motive for thus perpetuating a political
convention was to have a revolutionary
constituent national assembly ready
made, in case it could be useful in the
Southern effort TO overthrow our Govern
ment This was indicated by the Ian
guagc of Mr. Wickliffe, of Kentucky, the
mover of the resolution, who, in offering
it, remarked "The delegates from the
West were of the opinion that circum-
stances may occur between noon of to-
day and the 4th of March next which
will make it proper for the Democracy of
the country to meet in convention again."
1t was in view of q menace like this
that the twenty-second joint rule was
adopted. There was no dispute to
occur over any electoral vote unless
the violent men who ruled the National
Democratic Convention should demand
in Congress (of which several were men,
bers) that votes be counted from the
Southern confederacy. Let these things
be borne in mind by men of all parties
while discussing the power and duty of
SOlkTcSS oNcI Viz CiCCtpldi tOullt. n
public enemy, represented by great po-
| litical party in our midst, seriously de-
batting whether the counting of our own
chosen President should be challenged
by his emssaries seated in the National
Congress The possibility that circum-
stances might require the reassembling of
the Democracy was to continue till the
fourth of March! The enemy might de-
sire to raise a tumult over the count, or
even to take steps to deny the result and
resist the Inauguration. The fall of At
lants on the day following the conven-
ton was the beginning of the great mill
tary successes which rendered the re-
assembling of the National Democratic
Convention of 1864 in aid of the rebel
lion not only unnecessary, but imprudent.
The joint rule which had been adopted
for use in excluding hostile States from
voice in the election of President in 1864
was in 1868 continued until they should
again become organized States of the
Union. In the summer preceding the
presidential election of that year Con-
gress resolved that no electoral votes
from any of the States lately in rebellion
should be received or counted until such
State should have become entitled to rep
resentation in Congress pursuant to law.
The mode of excluding them, if they or
any of them should demand to be counted
before being entitled, was provided as
before by the twenty y-second joint rule.
In 1876 Congress provided for the
known dispute as to the validity of the
votes of South Carolina, Florida, and
Louisiana by the act creating the elec-
toral commission.
| 1t will be observed that where no diff
ference of opinion existed as TO how or
ganized States had voted, Congress never
has adopted any rule providing for
method ofexcluding electoral votes. Ex-
cept as to Missouri in 1920, Michigan in
| 1887, the rebellious States in 1865, the un-
reconstructed States in 1868, and the
States before named in 1876, Congress has
never, in providing for the count, made
any such provision. I'm 1868 all the
lately rebellious States voted except Vir-
gnia, Texas, Mississippi, and Georgia,
and the vote of the latter was counted
conditionally.) These exceptions affected
five Presidential elections. The elections
in which no votes were disputed, exclu-
sive of this election, are eighteen in num-
Der.
For the first time since 1861 we have
had an election Oh the result of which
there is no avowed pretense of any room
for contest over the vote of any State
| Gnnnrnl Garfield hnS Oh untcs 10 C,nnnrnl