The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-21


House of Congress can, with its eyes open
receive this thing, and palm 1t off on the
nation as genuine vote without Decom'
ing partaker in the crimes which gave
it origin, unless the law teaches false
doctrine, when it says that he who will
ingly utters false paper is as guilty as
he who makes it.
JUDGMENT OF CONGRESS ON THE LOUISIANA
VOTE.
But it is possible that the judgment of
the two houses upon this subject may
differ toto ceLo. They act, deliberate, and
decide independently of each other
Though they sit in the same hall while
the votes are counting, they are not fu-
sed into one body. Upon any question
within the jurisdiction of both, the judg-
ment of one is as potent as the other, and
it is equally clear that each must decide
for itself how, when, and in what man
ner the separate duties assigned to it is
be performed.
Now the Senate may think that this
vote is not fraudulent, or it may believe
that fraud is and ought to be as good and
valid as truth, while the House adheres
to the opposite notion, and, acting upon
its convictions, refuses to sanctify the
fraud by adopting it. What thenP Does
that bring the organic macl inery of the
Government toa dead lock, so that 1t
cannot move without breaking to pieces?
Certainly a difference between the two
houses must be followed by that disas-
trous consequence, if it be true that each
has the same power over the whole sub
ieCt and over every part of 1t. Let us see
if this he the state of the law as the fra
mers of the Constitution made it.
The power to count votes and decide
upon their validity isnot given in express
words. But it comes by clear implica-
ton from the duty of electing President
and Vice President in case no candidate
has a majority of electors. The subse-
ouent and immediate duty of the House
depends upon the state of the electoral
vote for President, as the Senate's vote
must be governed by the vote for Vice
President. The duty to do an act upon
certain contingency certainly implies
the power to ascertain whether that con-
tingency has risen or not. If theSenate
thinks it right to admit fraudulent votes,
and can find enough of them to elect
their candidate, they may install him in
the chair Of their body, since there is no
legal authority in the House OF Repre-
sentatiyes or elsewhere to prevent them.
If they, upon examination, believe that
a true count of the legal votes gives no
one a majority, and thereupon proceed
to make an election of their own be-
tween the two highest, the House GER
tainlv cannot interfere. The House is
equally Independent when engaged in
the performance of the duty separately
and specially assigned to it. If no can
didate has majority of the electoral
votes, the representatives of the people
in the lower House shall make choice
from the three highest, How is this to
be rightfully performed without ascer-
tanning whether any candidate has ma
iority, and, if not, who are eligible as the
three highestP And by whom shall the
fact be known if not by themselves? II
the House, upou what it believes to be a
true count of the votes, shall determine
that no one has majority, can the SEN
ate interfere and command the House
not to elect? Or can it dictate to the
House the names of the three persons
from whom the choice is to be nader To
ask these questions is to answer them
The Senate has nothing to do with the
Presidential eleCtion-has no duty to
perform about it--can pronounce no
Judgment upon it that binds anybody
For the same reason the House cannot
interfere with the business of electing a
Vice President, which the Constitution
has confded to the Senate. Each is as
far from the control of the other as both
are from the control of the Executive.
There is a joint rule of The two houses
by which they have mutually bound
themselves, that neither House shall
count vote for President or Vice Presi-
dent if the other decides to throw it out.
Whethtr this remains in force OF not
makes nC practical difference in the pres
ent case Oh he question between Tilden
and Hayes. The refusal of the House to
count the fraudulent votes, if it does not
prevail under the rule, must be made
equally effectual under the naked Con-
stitution.