Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-12-11
Observation-Disclosures IL, 1886.
The Flectoral-Count Bin.

Congress has for hundred years, ex-
cent In 1877, allowed the Federal Constitu.
ton to be the only law, properly so called,
prescribing the method OF counting the
votes for President and Vice-Prcsidcnt OF
the United States. The elcctoral-count bill
is intended 10 prevent the recurrence OF
such a condition OF things Rs existed IN
1877, or any worse condition Of things that
might result from Q failure TO define by
law the powers aud duties Of the two
houses OF Congress and their presiding
officers In the matter OF counting the votes
AFORESAID. Even the Joint rules OF the two
bodies have always failed entirely to re-
move the danger Of factious dissgreements.
And yet 1t can hardly be considered very
strange that Congress has found so much
difficulty in framing law better tbsa the
one contained in the Federal Constitution.
Mr.. EATON. Of Connecticut, refused to vote
for the bill Of 1877. declaring that he pre-
fcrred TO be governed by the Constitution;
and the event proved that he was probably
right so far as the ease before him at that
time was concerned; for it is pretty GER
tain, we think. that In The absence OF the
new law OF 1877 Mr.. TILDEN would have
become President. This Is guess.work,
however, and we applaud now as we did
then the action Of Congress.
Under the Constitution, and in the alb
sence Of law on the subject, there is much
latitude allowed in counting and certifying
the votes Of the several States. The two
houses Of Congress can overlook many In
iormalities which under a stringent law
might cause the vote Of State to be thrown
out and tins lost to the candidate for whom
IL was cast. This was, we think. Mr..
EA1oN's principal objection to the electc-
ral.comt bill of 1877. He preferred
the Constitution TO law. IL the
law merely carried out the constitutional
provisions, it was unnecessary. II 1t went
further than the Constitution, IL was un-
constitutional. We do not know that these
objections OF Mr.. EATON'S will not prevent
the passage OF new law during the present
Congress, Notwithstanding the prospect for
the passage OF such a law seems now to he
so bright.
Look at the bill as il passed the House Of
Representatives. What d multiplicity OF
words II employs TO define the duties OF the
two houses Of Congress in case there are
two papers purpoi,ing to be returns from
state. Note, too, what is TO be done IL
there are two sets OF persons claiming to be
the lawful State authorities. The two
houses separate and both must agree as TO
which are the rroperly.constituted state
authorities, or else the vote cannot be
counted at all. What a temptation that
provision would hold out to factious per-
sons in the two houses when one house was
controlled by one party and the other by
another party.
However, a. we have SAID, the bill IN
question may not become a Law. /; does
seem exceedingly desirable that there
should be a good law regulating all the
proceedings IN this importantmatter OF elect
ing a President; hu better no law than one
OF doubtful operation. The end must be
seen fIom the beginning, or else there viii
he peril in passing any new law.