The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong Count — John Shaqi
The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong CountField, David Dudley
History
The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong Count
Field, David Dudley
Presidents -- United States -- Election -- 1876
It concerns the honor of the nation that fraud shall not prevail or
have a chance of prevailing. If a fraudulent count is possible, it is
of little consequence how my vote or the votes of others be cast; for
the supreme will is not that of the honest voter, but of the dishonest
counter; and, when fraud succeeds, or is commonly thought to have
succeeded, the public conscience, shocked at first, becomes weakened
by acquiescence; and vice, found to be profitable, soon comes to be
triumphant. It is of immeasurable importance, therefore, that we
should not only compose the differences that, unfortunately, have
arisen, but compose them upon a basis right in itself and appearing to
be right also.
WHO SHOULD COUNT THE VOTES?
This is the first question. What is meant by counting? In one sense,
it is only enumeration, an arithmetical operation, which in the
present instance consists of addition and subtraction. In another
sense it involves segregation, separation of the false from the true.
If a hundred coins are thrown upon a banker's counter, and his clerk
is told to count the good ones, he has both to select and to
enumerate. He takes such as he finds sufficient in metal and weight,
and rejects the light and counterfeit. So when the Constitution
ordains that "the votes shall then be counted," it means that the true
ones shall be counted, which involves the separation of the true from
the false, if there be present both false and true. In regard to the
agency by which this double process is to be performed, the words of
the Constitution are few: "The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the
certificates, and the votes shall then be counted." What would one
take to be the meaning of these words, reading them for the first
time? It is, that somebody besides the President of the Senate is to
count, because, if he was to be the counting officer, the language
would naturally have been that _the President of the Senate shall open
all the certificates and count the votes_. There must have been a
reason for this change of phraseology. It should seem to follow, from
these words alone, that, whoever is to count, it is not the President
of the Senate. It should seem also to follow, that the counting is to
be done, not in the presence of Senators and Representatives as
individuals, but in the presence of the two Houses as organized
bodies. If their attendance as spectators merely was intended, the
expression would naturally have been, in the presence of the Senators
and Representatives or so many of them as may choose to attend. The
presence of the Senate and House means their presence as the two
Houses of Congress, with a quorum of each, in the plenitude of their
power, as the coördinate branches of the legislative department of the
Government. And inasmuch as no authorities are required to be present
other than the President of the Senate and the two Houses, if the
Public-domain text, read in full here on John Shaqi.
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