New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-29

Powers of Congress-.
The late Clerk of the House, the Hon.
Edw ard Mcpherson, " az recently REQ uested
by the editor of the Philsdt lphis Times to
give his opinion as to the "p0wers of Con-
gress to arrest what it may deem an actual
fraud in Q presidential return" In his re-
DIV Mr.. Mcpherson declares that when the
votes of the electors reach the President of
the Senate, certified in the manner pre-
scribed by Law. and with every seal of
authenticity and mark of regularity, they
are entitled to be counted in computing
the votes. He holds that such q paper
"can not be discredited then and there,
or any where. except on being attacked
and proved unworthy of full faith
and credence' in On investigation,
tice and in manner to be prescribed by law.
Until 80 proved, the anal0gies Of the case.
the force of practice, and the presumptions
of law combine to pronounce it good"
The analogies of legislative practice are nu-
merous and clear. Tho uniform voice of
the House," be says, "for eeventy-od
years has been that the regular certificates
of proper certifying officers OF State on
matters devolved upon them by law are
prims facie absolute proof of the title of
the holder" After the organization OF the
House the certificate may be proved ille-
Gal. but until that is done the holder has
narfact title to Q seat. As to the specific
point of the rightful powers Of either house,
or both houses, over the certificates OF the
electors, Mr.. Mcpherson says:
The constitution provides that the rfeei-
dent of the Senate. after receiving them.
"shall. in the presence of the Senate and
House of Representatives, open all the Ger.
tificates." What are the "certlhoates!
They are the legally.executed papers OF the
nroDer State officers, showing the authority
Of the electors and the votes cast by them.
These are to be opened, and the constltu'
ton further ssys) 'the votes shall then %
counted" What votes! OF course the votes
0ot forth in the certificates. When are they
to be counted3 Then-upon the reading OF
them. Bv whom! By the President OF the
Senate; or, if you please, for convenience
nv tellers appointed to mako the entrlee,
foot mn the totals and prepare the record.
Whv are the votes then to be counted! be-
cause. in the nature of the case, there can
be nothing else cOntemp!ated. HOW Gan
either house intelligently decioe an snega;'
tion of fraud, for instance. without lnveeu'
~st;cn. without debate, without the deho'
eration which so solemn an act not only
urasnnnoses but requirese To my mlnd
CIV viav which claims for the two houses,
~ either house, the right to throw out
nronariv certified return is essentially,
thoroughly and radically vicious can
not see where either Of those BODIES geee
:a ss,s.a s sos sase
But. it may be asked, is there no remedy
+o he offered to . defeated candidate wnt
NAV believe himself defrauded OF ms ONCE :,
The only remedy he can have is the o on \;
ora If which the case admits remeoy y.
CONTEST. How is that to be affordedi IN
second clause Of the second article . snys
"Esch State shall appoint, IN eucn a msnn0
% Inc n of electors equal to the whole mum
hor Of Senators and Representative. 81 :.
% %, the State may be entitled in Con
wn."n stc. This appears to give control q
fbe Whole subject to the Legislatures Of 70
States, including everything 'nVolVeo Il
the appointment"