The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-13
HLet Us Have Peace"
IRON The NJ Y. World.

graceful scenes OF turbulence aud uproar
which accompanied accounting of the electoral
votes, we will indicate our opinion of the
legal questions, which have been rather con-
fused than elucidated by the discussion in
the House. The provision of the Constitution
relating to this and all similar cases is the
folowing:-
"Congress shall have power to make all laws
which shall be necessary and proper for carry
all other powers vested by this Constitution in
the Government Of the United States or in any
department or officer thereof"
The President OF the Senate is an officer in
whom the Constitution vests the power of
opening the certificates OF the electoral votes
Tin the presence Of the Senate and House of
Representatives.; "and the votes shall be
counted" the Constitution does not say by
whom. Congress may regulate the mode of
proceeding by law, ii any regulation is neces-
sary; and such law is binding upon the
President OF the Senate. But the concurrent
resolutions, under which the Senate and
House acted on the late occasion, are not such
law. The Constitution declares that
Every order, resolution, or vote to which the
sentatives may be necessary except ON ques-
| tOn of adjourn menI shal! be prese led to the
| same shall take effect, shah be approved ny
| him, or being dtsappTove6 by MIN, shall be
| repsssed by twu-thiTds ot the Senate and House
| limitations prescribed IN 5he case OF bill"
The conourren, resolutions in this case, were
| never presented 10 the President; they had
none Of the vjgor and binding force of law.
| They rested for such authority as they had on
| the power of each house to make rules to
govern its owp proceedings, and were binding
| on neither house any longer than it chose to
| adhere to them. The two houses may make
Joint rule for regulating the proceedings of
| each in particular cases; but such rule binds
| the Senate only because the Senate adopted it,
! I'D nHrz nT,lu hn Hp11sp nHn tod
it; and either is at all times perfectly free to
rescnd il without the concurrence of the
other. But until il is rescnded, it binds each,
because each is bound by its own rules. The
vote ef the House TO reject the electoral votes
of Georgia did not rescind the concurrent reso-
luton on the part Ct the House; and Butler
was therefore all wrong in his obstinate inter
ruption of the proceedings. II may be said
that the vote OF the House catuoUy rescinded
the rule; but that is point OF no practical
importance because what the House under
took to do was to decide that the Georgia
i. votes should not be counted; and the House,
acting alone, had no jurisdiction over that
question.
Buffers point that the Speaker had no
authority to direct the Sergeant-at- Arms to
arrest member OF ''the joint convention
was equally untenable. No such thing as a
D '.joint convention foy counting the Electoral
votes is known to the Constitution or the
laws. The language OF the Constitution is,
that the certificates shall be opened Gin the
presence of the Senate and House of Repre-
sentatives;" that is, OF the two branches of
Congress separately organized. On this occa-
sion, as on all occasions, each is bound only
[ by its own rules, and subject to the authority
only of its own officers. The President of the
| Senate cannot direct the arrest OF member of
the House; nor the Speaker of the House the
arrest OF member Of the Senate. If mem
, ber of either is disOrderly, he can be arrested
} only by its own Sergeant-at-Arms, acting
under the direction Of its own presiding officer.
t Butler was, therefore, completely wrong in all
5 his legal and parliamentary points.
What then, is the significance of this
t tumultusus and most scandalous squabblel
r 1t proves the existence OF dissatisfied, in
fammatory state Of feeling, which is ready to
take fire on the slightest provocation. II
5 betokens great mass OF pent-up passions,
: excited by differences which cannot be avowed,
0 and yet 80 burn for an outbreak that pretexts
g for a quarrel are eagerly laid hold of because
a the real reasons must lie in concealment.
, Butler is shIewd in detecting motives and
Q playing upon fancied grievances. He aspires
S to be the champion of the new administration.
? He has thus early detected a lurking jealousy
Q between Grant and COlfax, both of whom wish
!, to be elected President in 1872. Wade and
# COlfax have lately become related by mar
9 riage; and Butler having succeeded in making
8 Wade a butt Of derisOn, has rendered L
> bestOwal OF otE 3ss. Wade and Colfax
S have been both, in different ways, rivals of
e Grant. Wade wanted TO mount into John.
J. sons saddle before the Chicago Convention
and it was suTmised that he would use his
/ influence and patronage TO promote his OWL
If interests in the Convention. IL was a susp
l. cion of this that killed the i'm peachment
IS Grants friends did not want Wade to fill al
e the offices with men whom he must retain OF
l. offend. Grant preferred 20 take the Presi
s. dency fresh from the hands Of Johnson, whose
% appointees and supporters he could turn
Is adrift with the certain concurrence of thC
-e Senate, rather than rom Wade, whose ap
4 pointees the Senate might not allow him Il
l. disturb. AS Wade sspired TO skim off tn,
& cream Of the Federal patronage to Grant
d disadvantage, Grant owes him no goodwill
re and Butler was sharp enough to see that Il
r: make him ridiculous would be an acceptable
Do service to the new President.
.e ColfaX desires 10 lead the radicals and heaG
q OFF Grant for the succession. II the Senate
e. over which he is to preside, refuse to repea
a. the Tenure. Of Office act, he hopes to be nearl,
le as powerful as Grant himself even in thi
a. administration. Grant can neither appoin
es nor displace anybody but by Senatorial per
r misson and Colfax is SO willy, plausible
IN popular, and thoroughly radical, that he doe
e. not despair OF organizing devoted clique il
In the Senate to favor his Presidential aspira
~ tons. Grant has none of the arts of dema
N gogue, in which Colfax is such an adept; h
has never belonged to the Republican party
he and by Withholding his confidence from tn
A radical Senators, he has excited so much dis