Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-12-12
SUNDAY .DECEMBER II, 1886.
The E,ectoral.Count Bill-Again.

Inc ElectOTui-Soune DAi AsN'
No subject more important will come
before Congress during the current session
than the bill TO provide for counting the
votes for President and Vice-President OF
The United States. So important are the
inters SIS involved that Congress cannot
afford 10 run any risks In legislating upon
the matter. As we said yesterday, the end
must be seen from the beginning. That
is 10 saw, the bill must be so framed as that
n shall operate as # Is intended to operate,
and moi otherwise.
The trainers OF the Federal Constitution
provided, as they supposed, that the Presi-
dent and sVice-President OF the United
States should not be elected by the people
but by select and superior class OF men
STYLED Collectors" We all know how that
provision OF the Constitution is violated or
treated with contempt once in every four
wears. There Il no other election In which
The people take so much interest or psrtici'
pate 10 largely ms they do in the very one
with which 1t was intended by our wise
forefathers that they should have nothing
10 do.
A law intended TO accomplish one end
often effects result directly the opposite.
For instance. law intended to prevent
city legislature from being bought. by re-
quirlng atYo-thirds vote to pass tramway
legislation, might operate only TO require
q bride large enough to buy the votes Of
two thirds instead Of one third, as law
proyiding that railroad shall not chirgr
more for a long than for short distance
might operate to lc-alize as high charge
for hundred miles as for thousand.
The possibility Of a mistake in drawing
such bill as the one under consideration
must be duly pondered by our congressman
and by the President. The discussions OF
that bill in the two houses have very great.
ly enlightened the members Themselves.
What, for example, would be the result OF
providing by law that the president OF the
Senate shall not have the right to count the
vote II that right il given to him by the
Constitution. We do not think he has that
right: but good lawyers enough do think
so. In the House Of Representatives few
DAYS ago, Mr.. BAKER, OF New York, said
"The pending bill, as stated by the gem
tleman from Tennessee (Mr. CALDWELL, de-
cides first, that the power to count the vote
il not in the President Of the Senate. l
submit that nv friend Is In error in that re-
spect, Precedent and the opinions OF
learned commentators seem to differ with
him. II the Constitution then does, a. |
believe, by fair implication, vest in the
President Of the Senate tue power and duty
not only TO open but also 10 count the votes,
then Congress cannot by this or any other
legislation take away or transie. to any
other person or officer that power and duty.
IL has been well said that Congress cannot
take upon itself any Of the power granted
10 the Executive and Judicial departments
of the Government; that it cannot assume
unto itself a duty which is imposed upon
an officer Of the Constitution
II under The proposed law the House Of
Representatives should have the power OF
defeating an election Of President by stand
ing upon legal tecbnicdllties which in the
absence OF such law could not be ayaied
Of, then a great temptation would be pre-
sented to an opposition House OF Repre-
sentativcs-that is, one not agreeing In
opinion with the person supposed TO
be elected Presldent-to resort to all
the technicalities offered by the new
law in order 10 have the election thrown
into the House of Representatives. The
next Congress will count the vote for
President, aud in the next House of Repre-
sepiatiyes on vote by States the Republi-
cans would have a majority, whereas the
probability Is that the people will elect
Democrat 10 be President of the United
States.
Mr. HERBERT, OF Alabama, an able cham
Mon Of the bin now before Congress, says
that the people will never be satisfied with
ga temporary cxpedient." But suppose
that, instead OF calling it "a temporary eX'
pedient., we call 1t measure framed in
fun view OF the difficulties to be overcome.
Examine the following provision OF the
new bill:
nBut In case there shall arse question
as 10 which OF the two or more OF such
State authorities determining what electors
have been appointed, ~ mentioned In sec,
ton I'd Of this act, is the lawful tribunal oil
such State, the votes regularly gwen ol
those electors, and those only, OF such d
State shall be counted whose title as cleo
tors the two houses, acting separately, shall
concurrenily decide, Is supported by the
decision OF such State so authorized 10y it,
laws"
That provision gives TO each house, acting
by itself, the power to reject the vote OF ;
State having two sets Of tribunals claiming
10 be the lawful tribunals authorized Il
certify the election OF electors. How
would that law have operated In 1877 i
would al least have prevented the passag
OF the elcctoral-commission blll OF tina
year, and would probably have resulted i
putting down the Democratic authorities 4
Louisiana by the United States army
whereas under this last-nsmed bill ia
Democrats got possession OF the State Coy
eminent though the vote Of Louisiana WI
counted for the Republican candidate fc
President OF the United states.
\ The more the subject is discussed II
more plainly does 1t appear that almost In
surmountable difficulties obstruct the wa
90 the passage Of bill that will beyond
doubt operate Ms II is intended TO operate
that will not break down when 1t come
TO be put into practiee-that will give a
sursnce In all its provisions that II canno
possibly be worse than no law.