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Show M0KT0N HOW AND THEN. The Herald yesterday published m alleged statement of Senator Mor- on to the eftVet that tho proaident el ( he United States senate is the proper 1 ud responsible counting officer of Lho electoral voles at the joint rucet-ing rucet-ing of congress. In a debate in the senate on tbe 13th ol March last, on this subject, Senator Morton explained ex-plained the terms of a bill which he had before introduced, to provide for ani regulate tbe counting of votes for president and vico president and the decision of questions arising thereon. The first section of that bill substantially substan-tially provides that "no electoral vote or votes from any Btate, to the count-iug count-iug of which objections havo been mado, shall be rejected except by the affirmative vote of both houses." The second section provides that if more than ene return shall bo received by tho president of the senate from a state, "that return shall be counted which the two houses, sitting separately, separ-ately, shall decide to be true and valid return." Tho president of the senate is simply to open the certificates, certifi-cates, and the tellers are to read the same; the action ot tho two houses upon tho returns being necessary to decide as to their validity. If congress has power to pass the bill proposed by Senator Morton, can its power to act in the premises without with-out a bill, or any rule bearing on the subject be denied? In the debate which follotved thi? explanation, Senator Morton in discussing dis-cussing the result if the two house should tail to agree upon a count ol the electoral votes, where two different differ-ent returns should be made, as in the ii-ase of Louisiana Su 1S73, said: "The I vote gnes out; the state has no vole, because unless there is some tribunal to Bettle which vote shall be counted, you cannot ccuut either." The state, iu his opinion, would be disfranchised, lu that debate he expressed his disap jjroval of his present theory in the loliowing terms. (Sec Congressional Record, 1876, p. 1.GG7.) If, whn tho senate comes to decide the question which is the correct return, more is a tie voto in tti" senate, and th-vice th-vice president s presiding not a presi-dnt presi-dnt .pro tempore he can cal ft vote in '.hat case, deciding the question in thf -.nate; but there is no provision in our constitution authorising the rice prest-icnl prest-icnl Or oni o'her ofirrr of government o come in and settle the que.-tion where the tu o houses diSLtijree. Lt ihere is a li-vote li-vote in th s nate, tbo vice pre-ido' t can cast the deciding v-le; Out it is nvt in conformity with the spirit oj our constitution to provide fur some ojjicer who shall settl - between the tiro hous when they disagree. Three days alterward Mr. Morton gave bis opinion against the pretended pretend-ed authority of tbe president of the -enate in this precise and unequivoca language Congressional Jhcord, lSi 6, y. 17o6) : Then the questioi c -'uios, which is 0. mor reiontle. wbk-fi U Hie be'.t-r. which is the snttr of tbe two to adopi that conitruetifin wh:ch (jives this grfnt power to on man, toe president of th-sennle, th-sennle, who rany be counting th viAct for himself, or w.-uld it be safer to leave it to the determination ol lho two houa-t conffrf r.-'prfSHnlin tho matt- and ih.-ryopfe? ih.-ryopfe? we are open to adopt eith'-r one uf these r .nxtrucl-on, I iy the la ter is th' infer, tt i.i the most rca.ioimole, it U i ix co-'furmUy Jii'h the sjnrit of out novemment ana of popular institution. I THKS iU-'I'T IU LAlTEa CO.VBTaL'l"-TIOV. CO.VBTaL'l"-TIOV. Of the two Morton's quoted, the one of last M.treh and the one of November, we prefer the former. The Morton of to-day has a purpose to s-jrve which the March Morton had not. |