New-York tribune., 1876-11-29
cOIrNTING THE ELECTORAL VOTE.

COUNTING THE ELECTORAL VOTE.
THE NON. EDWARD wPHERsoN's VIEWS ON THE
POWERS OF CONGRESS-NO AUTHORITY 10 THROW
OUT ANY PROPERLY CERTIFIED RETURN-A con-
TEST TIE ONLY REMEDY FOB FRAUD-ALL ELSE
Is ANARCHY.
The late Clerk of the House, the Hon. Ed
ward Mcpherson recently requested by the editor OF
The Philadelphia Tunes 70 give. his opinion as to the
"powers OF Congress TO arrest what 1t may deem an
actual fraud i'm Presidential return" In his reply Mr..
Mcpherson that when the votes OF the electors
reach tho President Of the Senate certified IN the man
ner required by law and with every seal OF authenticity
and mark OF regularity, they are entitled TO dc
counted in computing the votes He holds
that such paper cannot be dscreted then and there
or anywhere, except being attacked and proved I'M
worthy OF full faith and credence, in an investigation
OF which parties in interest have notice and in man
ner TO be prescribed by law Until 80 proved the anao
gies OF the case, the force Of practice, and the
presumptions OF law combine to pronounce IL
good" The analoges OF legislative practice
ara numerous and clear The uniform
voice OF the House, he says, "for seyenty-odd
years has been that the regular certificates OF proper
certifying officers Of a state matters deyolyed upon
them by law PfimI fac'e absolute proof OF inc
title OF the holder" After the orsanza
tion OF the House, the certificate may DE
proved Illegal but until that is done the holder has
perfect title to As to the specific point OF the
d,htfu powers OF either House. both Houses, over
the certificates OF the electors Mr.. Mcpherson says
The Consultation provides that the President OF tue
Senate after receiving them, shall, IN tue presence
of the senate and House OF Representatives, open All
the certihcatos" What the "ccrtlhcatesf & lhey
arc the legallyeNecutcd papers OF tue proper Slale
officers showing the authority OF tne electors ana he
votes east by them These are to be opened ana ltne
Constitution urthei says d" the votes ShdH then De
couuted" What votes OF course the VOtes SCI IOith
i'm me certificates When they To be cOuntedf lnch
-upon the reading OF them. BY Whomf By ihe fIeal-
dent of the senate; II You please lOr convenience
by tcllers appointed TO make the entries 1901 up tc
totals ana prepare record Why the votes then 10 c
counted Because, in the uauIc Of the clse here can no
hing else contemplated How either House ntetl
rntiv decide an allegation fraud for instance with
ou ation without debate without the dellberl
non which SO solemn act NOT only presupposes Dut
rruuirrs To my miud any view which claims Tor the
lyo Houses, either House, the right To throN OUT
nrnprrly certified roturu Is essentially, tnOrOusy anu
radically vicious | cannot see where either OF thOse
bodies gets any authority for such an act IS To alo
proper certificate comln5 from any state III tue mon
But IL may be asked "a there remedy to be offered
to n defeated candidate who may believe mllSeI ue-
fruued III his oice The only remedy hr can nave Is
tlr only one of which the aimis3 remedy ~ CON
trst How Is that be aurlcdi Tao second clause ot
th I'D Article says Each state shall appoint, IN Such
manner as the legislature thereof may direct NUMBER
Of electors equal to the whole number OF senators
and REPRESENTATIVES 10 which the state may DO
entitled in Congress-" &c. This appears 10
give control OF the whole suuJect 10
The Legislatures Of the states, including every tnnS III
yoyed in the appointment"