Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1885-02-13

The ceremony of counting the electoral
vote took place in presence of both houses of
Congress on Wednesday. In declaring the
result of the count, Mr. Edmunds, as Presi-
dent of the Senate, took occasion to say that
the declaration was mere formRlity and had
no legal effect whatever. This action of the
senator created slight stir of sensation, and
was criticised and objected to by his Republi-
can associates.
The constitution declares that 1.-THE Presi-
dent of the Senate shall, in the presence of
the Senate and House of Representatives,
open all the certificates, and the vote shall
then be counted" 1t further provides that
1.-THE person having the greatest number of
votes for President shall be the President, If
such number shall be majority of the whole
number of electors appointed" and the per-
son having the greatest number for Vice Pres
ident shall Re the Vice President Whether
the vote shall be counted by the President of
the Senate, or by the joint body, whether the
result shall be announced and the election de-
clared by him or it, what declaration shall be
deemed necessary or conclusive as to the title
to the Office, are points on which the consti-
tuition is silent and opinions have differed.
Senator Edmunds has been fore most in try
ing to have Congress pass law to remedy
this uncertain provision of the constitution,
which is fraught with positive danger to the
country, and it was to call renewed and point
ed attention to the matter that he made the
declaration quoted above. The New York
Times of yesterday had an editorial empha
sizing and explaining the whole subject, from
which we quote:
"Mr. Edmunds, the president of the Sen
ate, is a singular man. His singularity is not
a matter which gives his associates in the
Senate any reason for pride. 1t consists in
having a clear and strong mind, which reaches
precise conclusions as to important q questions
and in sufficient independence and determin-
alton 10 act upon these conclusions when oc-
casion arises. 1t would be well for the coun
try if these qualities were not rare, but so
common among Senators as to call for no
special remark. Unfortunately, Mr.. Ed
munds has almost a monopoly of them. An
immediate result of his possession of them is
that he has found in what were regarded as
the merely perfunctory duties of his Office as
president OF the Senate, in connection with
the electoral count an opportunity to arouse
public attention and to FIX it sharply on the
absurd and dangerous condition of the law
with regard to the proceedings for determin-
ing and announcing the election of President
and Vice. President.
Yesterday when the tellers on the part of
the respective houses of Congress had hand
cd to Mr.. Edmunds the result of their count.
ing and computation, Mr. Edmunds stated
that result and said; Wherefore do declare
that Grover Cleveland, of the state of New
York, has received q majority of the votes of
the whole number of electors as they appear
In the certificates read by the tellers, and so
appears TO have been elected President of
the United States for four years, oommepc-
ing on the 4th day Of March, 1885, Then,
after similar statement as to Mr. Hendricks
the Vice Presdent-elect, he added And
the president of the Senate makes this dec
lAration only as a public statement, in the
presence OF the two houses of Congress, of
the contents of the papers opened and read
on this occasion, and not as possessing any
authority in law to declare any legal conclu.
sion whatever
This was a statement that carried eonfu-
sion and some dismRy to various minds In
the House, Mr.. Springer Of Illinois promptly
demanded that the whole question should be
referred to the Judiciary committee, but he
was as promptly informed by the speaker that
the president of the Senate had made decla-
iohou hocoIuluB 70 tue Iacth, ana that moth
ing more WAS necessary, and then, on motion
OF Mr.. Cox of New York, Mr.. Springer's mo
ton was tabled. In the Senate there was
brisk debate, in which Messrs Conger, Viii
son, Ingalls,, Hoar, Lapham and Sherman
took brief part and Mr.. Ingalls, submitted
resolution setting forth that the Senate dis.
sented from the declaration made by the pres
ldent OF the Senate. Undoubtedly this reso
luton, which went over until Thursday, will
be more or less debated, and that is probably
what Mr.. Edmunds desires and what be is en-.
tirely justified in desiring. It cannot be said
OF him that his action is inconsistent with his
previous course, nor that he has allowed Con
greas to get into its present predicament with
out proposing definite means to avoid IT,
The predioament, in fact, has existed for a
long time, and has been clearly seen for At
least eight years. The duties and powers Of
the president Of the Senate have been left IN
determined by clear and recognized provisions
Of the law, and it has been perfectly plain
that In any dispute regarding them involving