The New York herald., 1876-11-22
Mr.. Potter's Letter.

Iact, lS--aS an autnentlc cApoSttiou VI
the views of the democratic leaders
on. questions Of the first magnitude
and gravest Importance and an authorized
announcement of what the democratic
party will do, or at least attempt to do, in a
great and formidable conjuncture which is
not unlikely to arise. This elaborate letter
is altogether more significant than anything
which has yet been promulgated in connec-
ton with the delicate constitutional ques-
tiors which are to be the staple of discus
sion for the ensuing two months. 1t is a
strong presentation of Mr. Tilden's case
and of tho course Of proceeding which will
be adopted by his friends in the event Of the
vote of Louisiana being counted for Mr..
Hayes. Mr.. Potter is near neighbor Of the
democratic candidate, an intimate personal
friend who has his fullest confidence,
lawyer of distinguished ability, statesman
whose fairness of mind is universally con-
ccded, citizen Of the highest consideration
in this communicated man, in short, MS
Mr.. Tilden would naturally select to be the
exponent OF his views and purposes in
matter which so nearly concerns him and
his party. 1t is, therefore, needless for us
to bespeak attention to this singularly able
manifesto, which must be regarded
rs great deal moro than the in
dividual declaration Of Mr.. Potter.
1t is the carefully prepared democratic
case put into the shape in which it is to 90
before Congress in the final struggle, if
struggle there is to be. 1t is the programme
OF action marked out in advance for the
emergencies which may arise during the
counting Of the electoral votes in tho
Wednesday of February. AS such it de-
mands and will receive universal publicity
in every part Of the United States. AS such
it challenges scrutiny and discussion by the
most gifted and best equipped constitutional
reasoners in the republican party, whose
logical acumen and legal ingenuity will be
called into activity in assailing the positions
Of this semi-oficial democratic manifesto.
We pass Mr.. Potter's long Introductory
recital Of the election frauds perpetrated in
Louisiana during the last four years This
is an old beaten story. on which the public
judgment was long since formed. We admit
that it supplies ample reasons for re-
garding the Returning Board Of that
State with suspicion and for watching
its proceedings with vigilance; but,
after all. the result in Louisiana must
be Judged by the facts Of this election.
However strong may be the presumption Of
fraud founded on the action Of this Board in
former elections nothing can be accepted as
proofs Of fraud OIL this occasion but nuthen-
ticated facts connected with the present
count. The only pertinent question is
whether the democratic party of Louisiana
has bcen cheated in this particular election
of 1876.
vance Of specific proofs, that this will be the
case and on this basis it proceeds to discuss
the proper methods Of redress. The whole
interest Of the discussion lies in what he has
to say on this great branch of the subject.
At present we will merely state his posi-
tions. and briefly summarize his arguments,
without undertaking to pass my judgment
on their soundness Mr.. Potter maintains
that the President Of the Senate has no in
dependent authority to count the votes and
declare the result, and that he is subject to
the direction of Congress in the discharge Of
his duties when tho certificates are opened.
Mr.. Potter goes into long and detailed
history Of what has been demo on former
occasions, md cites authorities to show that
it hns been tho uniform practice for Con-
grcss to claim and exercise controlling in
Nuence over the count. Among the many
instances he quotes the language of Vice
President John Adams in declaring tho re-
suit in 1877, when he said:-'In obedience
to the constitution and law Of the
United States and to the command of both
houses of Congress. expressed in their reso-
lutions. passed at the present session,
declare" &c. Mr.. Clay, in q speech made on
the question of counting the votes of Mis-
souri, in 1921, said:-"The two houses were
called upon to examine the votes for Pres
ident md Vice President. OF course they
are called on to decide what are
votes" These are specimens selected
from Mr.. Potter's long array of
precedents and authorities. They all bear
in the same direction. He states as tho re-
suit Of his complete examination of tho
records that ''never since the government
was established has my Vice President as-
sumed to count an electoral vote except MS
the two houses permitted, nor failed to with
hold or prevent returns, or to reject or an
nounce votes as the houses directed"
After having established, to his own satis-
faction, by a copious citation Of precedents,
the principle that the President of the
Senate is subject to the direction of the two
houses in counting the electoral votes, Mr.
Potter proceeds to argue that disputed votes
cannot constitutionally be counted without
the concurrence Of both houses. He re-