The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-07-29
COUNT OF ELECTORAL VOTE
WHY THE DEMOCRATS SHOULD BE
ON THEIR GUARD.
How the Electoral Count Can Be
Manipulnted-The LAW and
the Constitution.
WASHINGTON Times.


Washington Times.
! 1t Is we'll for democrats to be reminded in
| advance that the present campaign finds the
| republicans in peculiar position for van
| tage. The democratic majority In the cleo
/ toral college may bo ample, but this does
not necessarily insure the Inauguration OF
democratic president All is not over when
the polls close, nor even when the several
electoral colleges meet in the various state
/ capitals and register their choice There
I yet remains the final count, and the final
! tribunal. which. under the law. ascertains
ana determines the result. is congress,
FOR tho hrst time in thirty years. or since |
/ the first administration ot President Grant, |
a presidential election year hnds both houses
Of congress OF the same political complex
/ on. lnus when in 1870 Tiiden was elected. |
and Hayes counted in, the senate was re-
publican ana the house overwheimngly DEM
deratc, yet by the Judgment OF the extra
constitutional electoral commission the votes
OF three states were subtracted from the
! democratic column and transferred To- the
| republican, giving the latter bare majority
OF one. In each OF the subsequent pres-
] IentAl years, At the election of Garteld, |
! Cleveland. Harrison, Cleveland again, ana
OF Mex nley the house and tho senate were
politically opposed one to the other.
| Prior TO inc civil war. though many
| National election was hoty ana sometimes
! closely contested, II was never found neo-
7ssary to enact any general law or rule
respecting the manner OF the electoral count
| or the rights OF the two houses OF congress
! n tho premises The details OF procedure
| at the count OF the votes were regulated by
special order adopted for the occasion Dual
or conflicting certificates OF the vote had
not then been devised, and fun taitn ana
credit were 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 OF the Republic, and no need OF sup
Elementary legislation had been discovered
Inc constitution Is particularly meGgcr
In detail respecting the procedure at the
| electoral count. II provides
! The president OF the senate shall In the
presence OF the senate and the house OF rep
| Tesentatiyes, open all the certificates, and
the votes shall then be counted, Tho person
having the greatest number OF votes shall
be president II such number be a majority
II tho whole number OF electors appointed
Then follow provisions for choosing a
president and vice president in case no per,
son has majority OF all the votes but no
hlahuhte as 20 VINO shall count the vote, OF
who may determine whether = vote shall DO
or now II shall be. counted--in fact no pre-
vision torR contested votes or certificates
| ne trainers or the constitution apparently
did not consider. or did not care to suggest
ny anticipation, the probability that dual ana
conflicting State authority might be assertcI
IN the matter OF certifying the prosdentaI
vote. Elsewhere It was provided that call
thith and credit should be given in each State
to the public acts, records and judicial pro-
ceodlngs OF every other state why should
not this apply as well In the certucaton or
the presidential NOteg
out OF tho war between the Statos now
questions arose. the status OF the seccdcd
states, OF the border States, whore state
goycrnmonts were set up and contested by
both be(Iiperents. so, In February ls65 iilAt
prior 10 the electoral count, the twenty -suv-
ond Joint rule was adopted by tho two houses
OF congress, this being the first regulation OF
u general character governing the procedure
Of the two houses at the count OF the vote
mo election, being the second election OF
president Lincoln. WAS In no way affected
pN inc rule. but congress- desired m la
a precedent and thus assert the rights OF
tee Two houses, anticipating the event whom
tne southern states would present electoral
votes TO ne counted, upon the regularity OF
which tao two houses might he called on TO
This Joint rule twenty two PROVIDED that.
upon the reading OF the certificates OF
tho votes any question shall arise In re-
gard 10 counting the votes horeiu certified,
tho senate should withdraw and the two
houses vote separately on the question, and
lhen followed the main and important fea-
lure And no question shall be decided
Mhrmatyely, and no vote objected TO shan
, Do counted except by the concurrent votes
Of the two houses"
This rule was continued In force Tor ten
years, being successiyely readopted by the
house and senate II admirably adapted
10 securing a continuation of power IN a
party which already was in control OF both
branches OF congress, For by It's terms no
matter how trivial he 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 comm! ssion
would have been required under this rule
since either house could have excluded votes
pAopir.
on the other hand with the two houses
practically antagonistic, the operat on OF this
rule placed II absolutely In the power OF
either house 70 prevent the counting OF
single electoral vote for either candidate,
mo election OF president thus deyoiy!ng Oh
'he house and of Vice president on the sen
ate. The republican senate was quick 10
n path ap Fh, pA,sn
,age. which would result to the democrats
neuse, and as a consequence, at the hrst
session OF the Fotty -fOurth congress In 1876
and before tho presidential election OF that
year, refused TO join with the house in the
aooiluon OF Joint rule twenty-five, In fact
20 Joint rules We're passed IN that congress-
nor, indeed. has any code OF jo!nt rues boon
passed In any congress from that dny 10 the
srrihda ume, although he procedure pre-
unued to. be observed as a sort OF congress.
elonal common law
The count OF tho vote was thus In 1871
70 De made with only the prov sion OF the
constitution as a rule OF procedures The
PRESIDENT OF The senate should open all the
eertihcaies In the presence of the senate ana
house. and tho vote should thsn be counted
" was eontended by the one party that the
president OF the senate was the sole Judge
counted On the other side Il was inslstod
tnat the senate and house were not Intended
S S,, ane constitution 10 appear. as pcwerless
oodies constituted the tribunal which should
Wy any question about to arise. The rui-
minatlon was the electoral commission ond
us memorable eght-to- seven decision
The next decade passed without other ruio
OF law than the constitution. in the matter
OF counting the vote, and GARFIELD ard Cleye.
Iand were each awarded their high Offices
without question. In 1851 however. with a |
view OF guarding against the anarchy which
threatened the country In 1876 CONGRESS !
passed an act which was intended TO render
.neetlye the vote of the people and prevent |
the possible arbitrary or eapr .oious action |
OF majority In congress.
As rule twenty-five was effective of A., |
purpose only when tina two housss use =, /