The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-25
CLARKSON n; POTTER.
His Views Upon What the Democrat
&c Parry Will Do, on the Sspposi.
ton thai Louisiana. South Carroll
IA and Florida are for Hayes by

ie Parry Will Do, on the SnppOs1.
ton thas Louisiana, South Carroll.
IA and Florida are for Hayes by
Fraud. .l.
Synopsis OF his letter to the a. \. Herald,
November I'D. .r....
e The only pertinent question
is whether the Democratic party Ell
Louisiana has been cheated in this par
ticular election of 1876.
The letter OF Mr.. Potter assumes, in
advance of specific proof, that this will
be the case, and on this basis 1t proceeds
to discuss the proper methods OF redress
The whole interest of the discussion lies
in what ne has to say on this great branch
of the subject.
Mr.. Potter maintains that the PreSl-
dent of the Senate has no Independent
authority to count the votes and declare
the result, and that he is subject 10 the
direction of Congress in the discharge OF
his duties when the certificates are open
ed. Mr.. Potter goes into long and de-
tailed history of what has been done on
former occasions, and cites authorities to
show that it has been the uniform prac-
tice for Congress to claim and exercise
controlling influence over the count.
Among the many Instances he quotes the
language OF Vice President John
Adams in declaring the result in
1897, when he said-"ln obedience
to the Constitution and law of the United
States, and TO the command OF both
Houses of Congress, expressed in their
resolutions. passed at their present ses-
sion, i declare &c. Mr.. Clay, In a
speech made on the question OF counting
the votes of Missouri in 1921, said:
"The two houses were called upon TO ex-
anime the votes for President and
Vice President. Of course they
are called on to decide what are
votes" These are specimens selected
from Mr.. Potters long array of prOce-
dents and authorities. They all bear in
the same direction. He states as the re-
suit of his complete examination of the
records that "never since the govern
ment has been established has any Vice
President assumed to count the electoral
vote except rs the two houses permitted,
nor failed 20 withhold or prevent,
returns, or to reject or announce
votes rs the houses directed"
After having established to his own sat
isfaction, by c0pious citation of preci-
dent., the principle that the President OF
the Seratc Is subject to the direction OF
the two houses in counting the electoral
votes, Mr.. Potter proceeds to argue that
disputed vote, cannot cOnstltutlonally be
counted without the concurrence OF both
houses. He regards this as the necessary
logical consequence of the possession OF
this experimenting power BY two
separately organ" i bodies. From
the nature Of tue case atiirma-
tive action by two bodies is impossible
except when they agree. Whenever the
action Of two bodies possessing eqda!
power is necessary TO decision differ
cnce between them results Ill deadlock,
and no affirmative action Is possible.
The guarantee against the abuse OF this
mutual negative on each other possessed
b. the Senate and the House consists,
according to Mr.. Potter, in the charac-
ter, conscience and Oaths of the indlvld-
ual members Of the two bodies and their
responsibility to their constituents ard to
publc opinion.
w
the part OF either branch to prevent the
counting Of votes tainted or charged with
fraud, it is easy to understand the de-
rislon with which Mr.. Potter 'Teats the
surmise that the House may re. - to be
present when the certificates are opened.
lis duty 10 be present Is 50 clear and I'M
perative that 1t cannot be shirked, and
interest AS well rs duty requires the
presence OF the Representatives. The
Democratic House will maintain that It
can exclude fraudulent votes, and the
Democratic members will not miss the
occasion to exercise the powers so claimed
II they should find It necessary.
A still stronger motive is suggested by
Mr.. Potter Tor the attendance OF the
House, A contingency may arise which
will require the Representatives to elect
the President, and it is maintained that
the House is the sole Judge OF that
contingency. Neither the constitution
nor the laws make any provision for
informing the Representatives when
case of that kind has happened. There
is no officer or body which is required
or authorised to notify them The rea-
NOn why tutg require nc HotluCatIuH
i, that they are present and
personally cognizant OF all that Is done
during the count. Beng witnesses
OF the facts they need no other Informs
ton, and Mr.. Potter contends that the
House is the sole Judge whether the ext
gency has arisen which makes it their
constitutional duty to proceed to elect a
President in consequence of the failure Of
any candidate to receive legal major
itv of votes in the official count. In such
n failure the House must Immediately
proceed to elect the President, and as the
Constitution gives no other body the
right to decide whether such an omer-
gency has arisen, Mr.. Potter contends
that the House must necessarily decide
this question for itself