The New York herald., 1876-11-27

that likely be brought up that might be Of vital
Importance TO The existence OF tho government
uoN. GEoRGE u. rkNDLkTos
said ho had faith sill that the result in Louisiana
would be favorable Tildcn. With clear democratic
majority 10 overcome the Returning Board would
scarcely dare give the State to Hayes. Besides that
he believed the Board feeling the responsibility that
aeso'vsa sss oo, upon H. wIaa the attention nooia ~
be slow TO commit 30 great outrage.
IL was common experience that when Iaen
actions were apt TO be based justice than when
cngagcd In the minor affairs OF e. So ne would not
lose faith IN South Carolina until he learned that II
had been definitely decided against he had rather
not SEQ the election for President so into the House,
II tho thing could be avoided. II was an act
in the nature OF taking away certain Of the rights OF
the people. Stl, as court OF final resort under cons
tuionai provision tb. House sometimes was called
upon TO act. He regarded the technical points against
the admission OF officers IN Inc employ The govern
ment as electors ms being well taken II was very
doubtful whether man ineligible ut he time hc was
appointed 10 Office could make himself eligible by
any subsequent act.
NON RUFUS KING
was next asked to his views, and gave It his
bellc that the election the President would come
boiore Congress nnally in one way another The
contest would be so close that when the vote comes
belore Tho two houses TO 30 attempts would
almost certainly be made 10 throw out one or
two states This course had been resortcd to four
years ago, when the votes OF Arkansas and
Louisiana were thrown OUT and eight years ago. when
that o Arkansas alone was thrown out In both these
Congress- had thrown States under the twenty
second JOINT rule that murh talked about
Without expressing an that
rule, Mr King referred To the status OF tho presd
officer OF the Senate in making the count OF He
saii 81 think tho language OF The constitution makes
Congress on JOINT ballot the real judge OF The count.
The President OF the Senate is more than the
tcrial oliccr OF sonarcss Tor II is weil-recognizcd
fact that, where law is ambiguous, con-
temporary exposition that is, precedent and
practce-is 10 determine its Interpretation
think you will lind that If ever tho
President OF the Senate COUNTED The vote for The Presi
dent o the United states II was by acqucsccncc and
courtesy, and in cases where tho final resu. wus
tnk xgtrn LaA t.tn
the subject specially. that teers. members OF, aud
therefore under coniol OF. Congress, have usually
been appointed Ccrtainy tho trainers OF the
constitution never meant that the choice Of
President should dcvolvc upon one man who himself
might bc u candidate for the position. THIS
the IN The contest between Thomas Jefferson and
Aaron Burr, when tho vote stood - 10 Ia jefferson
was himself President OF the senate, and could have
declared himself President IL was declared, however,
that there election and Congress decidcd tho
issue. But there Is better precedent than that II
was the first idea OF tho trainers Of the constitution to
allow the Senate 10 select tho President thus giving
each State an equal standing This failing, the
proposition allow the JOINT Congress elect.
While the debate on this was pending il was moved
that OF tic the President OF lhe Senate should
have tho casting vote This was unan, usly voted
down, clearly showing that 1t was the intention that,
in counting he only the servant OF tho JOINT Con-
gress assembled, and not judge and jury Ut once.
JUDGE noApLEY
the next gentleman called upon He admitted
that the question had assumed grave aspect in view
Of the probable Of tho returning boards IN The
Southern States. Everybody knew what the Louls,-
ana Board had done time and again. The report
signed Hon Charles Foster, Of Ohio, ana Hon William
Walter Phelps, presented Congress- January,
to carry olec,,ons in tho Stale OF Louisiana. He
thought there was nothing TO be expected from either
OF these Southern States which considered doubt
fui He believed, however, that the appointment OF
Watts the Oregon postmaster, as ono OF the electors
from that State would give the vote 10 Tilden That
would secure his election II all else went
against him. Citing from a decision IN tho
Oregon reports, volume 8, pago 426, ne held that
the mode OF canvassng the vote and proclamation OF
tbs Governor arc substantially only modes OF ascer
e~l,,. a thA tnFt tha
therefore that tho election of an ineligible man
substance election at ALL but gave the pacc 10 the
from the California Reports (vol Is, page l2 IN tho
ease Of Searcy against Grow, In which Judge Fields
now Of Tho United States supreme Bench presiding,
ara forbidden to take civil or State olco while so
holding and quoting words OF sat dccislon said tho
plain meaning Of Is that such federal officer shall not
be eligible TO such office; and we understand the
word eligible to mean capable of being chosen,
might select any man they chose, suDjec. only
TO this exception, that the man thoy selected was
capable Of taking what they had tho power to give
BILE oi taking the Office after they had exhausted their
power could avail him he not eligible at the timo
authorities the subject and all Of them bearing
the directions led Judge Hoadey TO the opinion
that Tden had secured tho electoral vote he required
in the State OF Oregon.
Mox. MILTON sAYLER,
Speaker pro tenn OF the House Of Representatives at
would be counted fairly. Ho believed the State had
gone democratic, and thought that the presence Of
many distinguished gentlemen from the North in Now
Orleans would deter the Returning Board from
riding tho will OF the people He thought It very pos
slble that there might be disagreemenis when
they came to count the vote in Congress, but
still hoped II would be settled to the satisfaction
Of ALL He regarded the Office OF the President OF tho
Senate, In connection with the count OF the vote
simply ministerial one. He was SIMPLY to preside
the count but the count itself must be made by
the two housea Whon asked what his opinions wcre
on the twenty.second joint rule hc begged to be
excused from giving them, saying that It might poss
ss would Be called upon to act
4 CONSTITUTIONAL REMEDY PRoPosED-soUTH-
ERN SENTIMENT As INTERPRETED BIZ A vIR-
GINA REPUBLICAN,.
CHARLorrxvILLE, Va, Nov. %, 1915
To THE EDITOR THE HsRALD:-
The liberal tone Of your widely circulated Journal its
freedom from partisan bias and advocacy Of all
tending 10 the ruo interests and welfare
or common country causes 1t at this dangerous
crisis in the affairs OF the nation WELD potent
influence In leading and forming public opinion. In
common with yourself thoughtful men throughout
tho country regard this mo oi great public peril
and fear that, should the present deadlock in
counting In President not really elected tho conviction
will become fixed In the public mind that the popular
will has been defeated by fraud, that electors
farce that the OF the majority does prevail
that shors. the Republic itself and republican insti
tlons based free suffrage entire failures. Az
corollay the popular mind, despairng OF the Repub-
lie, will be prepared for change IN the form Of gov
ernment, and already in this latitude many say
openly that they prefer q monarchy; that they are
ready for some bold hand to seize tho rcIns, ant,
under tho title Of consul tribune dictator king rule
over the nation. should the returning boards in
Louisiana, South Carolina and Florida give tho Presi-
dency to Hayes the democratic party will charge gross
frauds and iieases and II the contrary be the
and rilden receives the returns, tho republicans
will make the charges. Whatever the result,
bali the nation will bo sulcn and discontinued under
an administration honestly Believed by thcm to be
counted In by frauds cgalltes and technicalities.
Tho HERALD very properly says tina, tho people havc