The daily gazette., 1876-12-13


RICHMOND, Dec. q. 1876.
Five or six days ago / received a letter
from your correspondent asking my op-
inon as To the duties of the two houses
Of Congress in counting the electoral
votes for President. l was much engag
ed mt the time, and having been long out
of the political world / thought it best to
leave it to others more actively engaged
in politics to discuss these questions, and
not to withdraw my attention from other
matters which engage me just now. But
the question is becoming so important
and porteHtous that it has occurred to me
this morning that no good citizen should
withhold his opinion on this subject il
asked. II ''the beginning of the end ha
not already occurred in the outrage on
popular rights which has been recently
committed by the President and other
officials in three of the weaker States, it
is time that the lovers of popular soverei-
gnty and our old form of government
were uniting to interpose for the defence
OF the Union and the right of the people
10 govern themselves and elect their own
President How this can be preserved
without the right of Congress to 60
behind the returns Of Presidential
electors and ascertain the number of
votes, and how cast in the recent elec-
ton, do not well sce. If it be the duty
Of Congress to count the votes given
for President they certainly must have
the power to ascertain those whom they
are 10 count and how are they 10 do this
unless they have the power to go behind
| the returns? 1t is the exclusive interest
of the State to know if the voters were
qualified, but, the whole people of the
Cnited States are interested to know how
| many votes were cast and to what persons
given, for there are facts which touch
the question of the election of the Pre-
| sident, who is the officer of all Who so
| fit to examine into those questions, if
doubtful, as the Congress who are the
united representatives of the whole
people? How else are the people to be
| made certain as to the man truly elected
| to that most important of all these offices?
POWER II NOT GIVEN IN TERMS TO NE
| IMPLIED.
| Ii there be no mode of reaching these
results unless there be power in Congress
i to go behind the returns the inference is
not only fair but necessary that such a
power is to be implied. To make this
| implication equal to the eXigency it is
requisite but to vest this power in Con
gress which represents the whole people
in times Of deep popular excitement, or
of utter corruption in a State, a strong
temptation to return this vote falsely
| might exist in particular State, when,
| as at present, aSingle electoral vote mi ght
| change the character of the Preside mt
and of Executive policy. Times may be
| apprehended when there might be dan
| ger of II State yielding to such tempta-
tion If the opportunity were given it with
! power in the Congress there is none to
prevent or check such an abuse if TIE
State were to cOnnivc al it. TO learn the
| question of time in this mitter under the
supreme control of tbs representatives
! of the whole people, the Constitution
provides that 1.-THE Congress may deter
mine the time Of choosing the electors
| and the day of giving their votes which
| day shall g. the same throughout the
| | nitcd States fourth section second ar.
ticlel
WIDE scort pt CQNGREssIoSA POW
1 ERs.
But that Congress may pass such LAM,
as shall enable il 10 count the vote of the
provision that it may make all laws " hicf
are necessary and proper for carrying
into execution the foregoing powers anC
all other powers vested by the coustitu
ton in the government of the Unitet
States, or in any department or otfic,
thereof, it may not only pass all laws he
| cessary or proper to execute the gran
ted powers, but pass such As ma,
be necessary to discharge n granted dut,
| N napaSaarilv gunnlpTnn nj a rtyf f,a
a function, where the grant is not of il
, self complete in terms. Under this DOW
u er Congress may make the laws whic
are necessary to enable it tto count tn
vote" As all the States are interested i
l. counting truly the vote for President, S
that duty and the means necessary t
} discharge it ought to be contded to IN
10 Congress OF the whole. The place
casting the vote for the State itself, All
X perhaps 1.-The manner" of doing it, mo
Of peculiarly concerns the State itself,
whom, perhaps, il would be proper
contide those duties, but TO ascertain wi
- are legally chosen as electors is the y
III culiar duty of Congress, which cannot
id executed unless it has
al THE RIGHT To 60 BEHIND THE RECORD
- hold, therefore, that it is not on
'' their right but their duty, if it be nee,
Sary to do so if that ht necessary Ia q
the votes for President. The hipht
lie or all rights which a legislature possess
to is to provide against anarchy, if, witho
such action, it would esSuc. Could an
~ thing be more likely to lead to this tn
5. - contested presidential election witho
the means to settle ii truly and iustl
If the right of selc defence, to prot,
your life, be "A lew OF nature: is not I
right to defend the life of society, t
III existence of State, still more undoubt,
al, For all these reasons | believe the ril
'an of Congress to 90 behind the record.
vi indiSputable, and do net think it nee
m, sary 10 investigate the question as to
lot eNietencr of the joint rule which so
$ Il seem to think so important. The rig
ib- to go behind the records y to ascert
nit whom they are to count | hold to be
H. diSputabc and founded upon higher e.
u" siderations than those of rule. 1t i
IA question which touches the peace 4
ate existence of the country which the e.
@ it stitution itself affords the means of
ar cidiug. K. NJ. r. HUNTER
tcs,
4 is 4Hd DIR. NOfen Gpts a PARTON, a
u