Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/335

 CH. XXXVI.] for the same office, a choice was fairly given to all other states to select between them; thus excluding the absolute predominance of any local interest, or local partiality.

§ 1464. In the original plan, as well as in the amendment, no provision is made for the discussion or decision of any questions, which may arise, as to the regularity and authenticity of the returns of the electoral votes, or the right of the persons, who gave the votes, or the manner, or circumstances, in which they ought to be counted. It seems to have been taken for granted, that no question could ever arise on the subject; and that nothing more was necessary, than to open the certificates, which were produced, in the presence of both houses, and to count the names and numbers, as returned. Yet it is easily to be conceived, that very delicate and interesting inquiries may occur, fit to be debated and decided by some deliberative body. In fact, a question did occur upon the counting of the votes for the presidency in 1821 upon the re-election of Mr. Monroe, whether the votes of the state of Missouri could be counted; but as the count would make no difference in the choice, and the declaration was made of his re-election, the senate immediately withdrew; and the jurisdiction, as well as the course of proceeding in a case of real controversy, was left in a most embarrassing situation.

§ 1465. Another defect in the constitution is, that no provision was originally, or is now made, for a case, where there is an equality of votes by the electors for more persons, than the constitutional number, from which the house of representatives is to make the election. The language of the original text is, that