Year: 1876

COUNTING THE VOTE EOB. B.RREDI.
Il Ia DENT. .-~--


:. We are ia the face of a great crisis. in
our national life, and one charged with
danger in its existence. 1t is strange thal
our Constitution is so framed as to be in.
capable to fully meet the needs demanded
BY the hour. The people crave kuowl-
edge upon the subject, and we will en-.
deavor to satisfy their desire for informa-
ton. The public mind lie in that heated
condition that makes it ripe for quarrel,
and it therefore behooves every citizen to
discuss our present condition temperately,
and fully inform themselves upon the law
and facts of the case. Revolution and
anarchy have followed in South America,
and other republics, such disputes as the
one now existing in our republic, though
the temperament of our people and the
wisdom of our rulers form sufficient pro
lection against such disasters in the present
emergency, yet it is to be regretted thai
there does not exist any law to definitely
control the action Of the Vice President
when, on the second Wednesday Of Feb
ruary, and in the presence of the assembled
Congress, he proceeds to open the electoral
certificates. But though there is no dl.





rectly controlling law, there are few pre-.
cedents, and Of them slight sketch will
b. given. Notwithstanding that not few
enlightened voters were heard to complain
on Tuesday last thar the names Of neither
Hayes nor Tilden were to be found on the
ballots provided, every citizen is supposed
toknow that when he casts his vote for
President and Vice-President, he does no,
vote for those officers directly, but for a
body of men called the Electoral College
and composed of a number of electors
from each State equal to its total represen-
tation in both the Senate and the House.
And to prevent the person in Office at the
time Of the election from having any i'm
proper influence on his reelection, by his
ordinary official powers, it is provided tha,
no perron holding any Office of profit or of
trust under the United States shall be an
elector.


In such case there is an absolute certainty
Of a Democratic President being elected. as
there are twenty-five Democratic States,
aud only seventeen Republican, counting
ey the political complexion Of the majority
Of each States representative, in the present
House Of Representatives.


A majority Of all the States ia necessary
to choice, and a quorum consists of a
member or members from two-thirds Of
the States. Finally, if the House does not
choose President when the duty devolves
upon it, then the Vice President acts as
President, az in case of the oath or other
constitutional disability of the President.


Vice-Presidents are chosen in a pre-
cisely similar manner. 1t is not now
intended to discuss the wisdom of this plan,
though we are told by the "Federalis"
tina. the reason Of its enactment was the
opinion OF the trainers Of the Constitution
that the choice Of several to form an inter-





mediate body Of electors was much less apt
TO convulse the community than the choice
ofone, Who should himself be the final object
Of the public wishes. But however wise
the plan may be in principle, it is certainly
defective in practice. To pass over less
obvious but equally fatal objections, 1t is
nowhere provided what agent shall count
the electoral votes, nor BY what rules that
agent shall be guided in its decision as to
their regularity.


Chancellor Kent lis OF opionion that in
the absence Of any legislative provision
the President Of the Senate counts the vote.
One thing is certain if the twenty-five
Joint rule is yet in force, the President Of
the Senate has no other power or duty but
hand the certificate OF the electors to the
tellers Of the House and Senate, who pass
upon the same and having so acted, request
the President of the Senate to announce
their decision.