The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-23

The Corpt of ELECTORAL Vote.

finds the Republicans ia peculiar posi-
ton OF vantage. The Democratic major
ity IN the Electoral College may be am
ple, but this does moi necessarily ensure
ahe Inauguration Of a Democratic Presi-
dent. All is not over when the polls
close nor even when the several Electoral
Colleges meet in the various State CAPT
tails and register their choice. There yet
remains the final count. and the final tri-
bunal. which. under the law. ascertains
and determines the result. is Congress.
For the first time in thirty years. or
since the first Administration Of President
Grant. Presidential election year finds
both houses Of Congress Of she sane pSiit-
ical complexion. Thus when in 1876 Til
den was elected. and Hayes counted in,
the Senate was Republican and the House
overwhelmingly Democratic, yet by the
Judgment Of the exra-constitutional Elec-
toral Commission the votes Of three States
were subtracted from the Democratic
column ana transferred 20 the Republican.
giving the latter bare majority OF one
In each OF the subsequent Presidential
years. at the election Of Garfield, Cieve-
land. Harrison, Cleveland again, and OF
MCKINLEY the House and the Senate we're
politically opposed one to the other.
Prior to the civil war though many
national election was holly and sometimes
closely contested, il was never found nee
essay to enact any general law or rule
resDecting tn,, i,.--uer OF the electoral
count or the rights Of the two houses Of
Congress in the premises. The details OF
procedure at the count OF the votes V ere
regulated by special order adopted for the
oc-a ion. Dual or canfi ting certificates
the vote had hot then been devised. and
full faith and credit we're accorded to the
State authorities in certifying the choice of
their respective colleges. The spirit Of the
Constitution seems to have been observed
in these earlier years CT the Republic. and
no need OF. supplementary legislation had
been discovered.
The Constitution is particularly meagrc
in detail respecting toe procedure at the
electoral count. It provides:
The President Of the Senate shall in the pres
tnre % the Senate and the House Of Representa-
1ivss. open all the certificates and the vote
shall then be counted. The person having the
greatest number If votes shall be President, Ii
such number be majority OF the whole NUN
Der Of electors appointed
Then follow provisions for choosing a
President and Wee President in case 10
person has a majority Of all the votes;
hut no mandate as 10 who shall count the
vote. or who may determine whether 4
vote shall be, or how IL shall be. counted
in fact no provision for contested votes or
certificates. The trainers of the Constitu-
d.
not care to suggest by anticipation. the
probability that dual and conflicting State
authority might be asserted in the matter
Of certifying the Presidential vote. Else
where il was provided that full faith and
credit should be given in each State to the
public acts, records. and judicial proceed
ings Of every ether State" Why should
not this apply as well in the certifcatioa
CT the Presidential vote?
Out Of the war between the States ucw
questions arose; the status Of the seced-
ed States. Of the border States. where
State Governments were set up and con-
tested by both bellIgerents. So. in Feb
ruary. 1860. just prior to the electoral
count, the Twenty-second Joint Rule was
adopted by the two houses Of Congress,
this being the first regulation Of a general
character governing the procedure OF he
two houses. at the count Of the vote. The
election. being the second election OF Presl-
dent Lincoln was in no way affected by
the rule. but Congress desired to make d
precedent and thus assert the rights Of The
Two houses. anticipating the event when
the Southern States would present c!,c-
toral votes to be counted, Upon the regu-
larity OF which the two houses might be
called on to pass.
This Joint Rule twenty-five provided
that. if upon the reading OF the certifcat cs
OF the votes ANY question shall arise in re-
gard TO counting the votes therein carti-
fed" the Senate should withdraw and the
two houses vote separately on the ques-
ton: and then followed the main and i'm
portrait feature: And no question shall be
decided afirmarively, and no vote OBJ
tected to shall be counted except by the
concurrent votes Of the two houses"
This rule was continued in force for Ken
years. being successfully resdopted by the
House and Senate. It was admirably
adapted to securing 4 continuation OF pow
or in a party which already was IN control
Of both branches OF Congress. For By its
terms no matter how trivial the objection
or question raised. no vote objected to
could be counted except by the affirmative
vote Of each house. Had the House as
well as the Senate been Republican IN
1876 no Electoral Commission would have
been required under this rule, since either
house could have excluded votes enough 10
have reversed the verdict OF the people
On the other hand, with the two houses
practically sntagonistic, the operation Of
this rule placed It absolutely In the power
OF either house to prevent the counting Of a
single electoral vote for either candidate
the election Of President thus deyolying
on the House and Of Vice President on
the seHate. The Republican Senate was
quick 10 recognize the equality, or rather
the advantage which would result to tie
Democratic House. and as consequence,
at the First Session OF the Forty-four
Congress. in 1876 and befo.e the Presid n
tial election of that year, refused tc join
with The House in The abolition OF Joint
Rule Twenty-tSo. In fact no joint rules
were passed in that Congress; nor, indeed,
has any code Of joint rules been passed in