es
shall then be counted. The person having the greatest number of
votes shall be President, if such number be a majority of the whole
number of electors appointed: and if there be more than one who have
such majority, and have an equal number of votes, then the House of
Representatives shall immediately choose by ballot one of them for
President, the representation from each State having one vote; but
if no person have a majority, then from the five highest on the list
the House of Representatives shall in like manner choose by ballot
the President.

And then follows that if there should remain two candidates voted
for as Vice-President having an equal vote the Senate shall choose
from them the Vice-President. Mr. President, is it not clear that
the Constitution directed that the certificates should be deposited
with the presiding officer of that body which was alone to count the
votes and elect both the President and Vice-President in case there
was a failure to find a majority of the whole number of electors
appointed? There is a maxim of the law, that where the reason ceases
the law itself ceases. It is not only a maxim of common law, but
equally of common sense. The history of the manner in which and the
reason for which the certificates were forwarded to the President of
the Senate completely explains why he was chosen as the depositary
and just what connection he had with and power over those
certificates. After the power had been vested in the House of
Representatives to ballot for the President, voting by States, after
the presence of the House of Representatives was made equally
necessary before the count could begin or proceed at all, the
President of the Senate was still left as the officer designated to
receive the votes. Why? Because the Senate is a continuing body,
because the Senate always has a quorum. Divided into three classes,
there never is a day or a time when a quorum of the Senate of the
United States is not elected and cannot be summoned to perform its
functions under the Constitution. Therefore you had the officer of a
continuing body, and as the body over which he presided and by whom
he is chosen was one of the two co-ordinate bodies to perform the
great function of counting the votes and of ascertaining and
declaring the result of the electoral vote, he was left in charge of
the certificates.

You also find in the sixth section of the act of 1792 that Congress
exercised its reg