The New York herald., 1876-11-10

news Of last night relative 20 shs doubtful
states--ons from south Carolina. saying that
State surely republican. and one
from William Henry Smith, saying tho news
from North Carolina was getting better and better
Govehnor Hayes Is COOL as usual He takes the news
for what It is worth, and waits Very many republi
cans who gave up the battle this Afternoon arc now
greatly encouraged and enthusiastic Excitement
is intense and both sides confident Of victory
ENTHUSIASTIC DKxocEArs
crowd OF enth usastc democrats have Just marched
down High street.. blowing horns and yelling They
were on their way to Governor Hayes residence 10
give him chivaroe, bus wero persuaded 10 abandon
this By several leading Every democrat here IL
loud in praise Of Hayes for the manner " which be has
conducted himself since election
BUTLERA ON THE SITUATION.
COUNTING THE ELEcToRAL voTx-vIxws OF
THE DISTINGUISHED JURIsT ON rHx POWER
OF rHB TWO HOUSES OF CoNoRRss-THE
AUTHORITY TO COUNT INVOLVES THE RIGHT
TO scRUTINIzR
LowRLl, Masa, Nov. Z, 1874
General Butler foresecs the possibility Of grave
pcalions tho counting Of she electoral VOTE In
interview with your correspondent this evening he
pressed himself quite freely, and herewith submit has
Vows In full
GENERAL BUTLER's vIEwA
''lt Is hardly fair" said the General, ITO ask
question upon disputed point OF constitutional law
without any opportunity Tor either reflection
incaiion OF my views; but as entertain opinion
that am not always willing 70 express.
VIII give you the hrst view Of tho subject
Of your inquiry as Is strikes me- The
DrovieiOn a pr0aident the
Senate SHALL the presence OF the Senate and House
OF rescntalives open all the certificates OF the
electors and the States shall then be counted. The
duties Of those engaged in this work would scsm to
be--nrst. that the Senate and House must come to-
gciher then tho President Of the Senate is 10 open
al the cortGcates; then the votes
10 be counted Now the counting OF the
votes implies scrutiny Of them, an
examination OF them whether shey correct
fraudulent Whoever has the counting IN charge must
convinced that they not fraudulent and that the
certificate s . correct and just one. Ono has
only to suppose Q forged certificate, which
would not bo counted. Whoever may be
entitled examine the certificate TO whether
il Is forged one. II they the certificate
in particular It would seem clear that they could
examine II in all Therefore am Of the opinion that
whoever has the counting OF the vOtes must
have right TO scrutinizs them IN every
particular aud II from any cause any OF them are
deemed fraudulent they are TO be rejected This how
ever, ia strengthened by the idea that this tribunal;
provided by the constitution TO count aud scru.
tinize tho votes Is the one OF last resort and
In tho matter OF scrutinizing elections the houses
body who are TO make the hnal determination have
the right make the most exact and rigid scrutiny
possible, receiving such evidence as may be determn-
ing their own minds on the questions involved
there.
The question comes to US, Who 10 70 count the
votes Not the President OF the Senate tor he IL to
open all of the certificates and the vote shall then be
counted The constitution seems not to be explicit
10 who Is to count But why hring together both
houses II they aro not TO count or take any
part In countingg Or are they brought together,
as In. the provision in Massachusetts,, that
the votes shall be counted In opcn town meeting
simply as witnesses 70 .hs opening because me prsc.
counting by the people, they simply remaining
to see that Il is fairly and openly done. But
as simply witnesses Now we are without Law tho
subject, and The joint rule OF the two houses
has been annulicd. IL would seem, therefore, that
both houses must agree upon some plan by
means of which the counting sh-ll bc done,
they are without any guide Il would seem
10 follow that each House would DO check the
other because either House only to withdraw from
the convention and thea tho counting cannot be done
IN the presence Of both houses IL Is difficult there
FORE 10 how any Of any State be counted
without both houses agree
Is VIII be observed in constitutional provisions that
there time limited ut which the houses must
meet but oy law It Is appointed that on the second
Wednesday OF February the certificates Of SO many
opened the votes counted, and the persons TO Oil
the offices President and Vice President ascsr-
declared, agreeaUlc 10 the
But is clear that they must meet before the 4th o!
March, else there will be lapse Of the executive
branch OF the government for there Is no constitu
tionai provision nor law which allows any
holding over OF the President until his successor
is appointed, substitutes any officer - tak0 his
place The law which provides that in contin.
President OF the Senate and Speaker Of the
House may act as President 10 only provision for
certain specified cases; and there are only the con-
tngency Of removal death, resignation, or inability
OF both President and Vice President, neither OF
which would be the case which We arc considering.
Where no President Is elected, then
provided by law that whenever the Office sof Presi-
dent Vice President both become the Secre-
ary of State shall cause noncaton thereof 70 be made
to the Executive Of every State, and shall also
the same 10 be published n At least
one of the newspapers printed in each State,
for President and Vice President, 10 be chosen
at the various times therein provided.
or out tho esp!"ga sspp1sa ves before OF March sn
upon the counting President Vice President ap-
pears to be elected, then the provision s that the
House shall proceed TO elect President voting by
States, each State having ore vote. Would that
provision go INTO operation in where It
was no counting viii the present House in such
proceed to elect, Mr. Tiiden having majority
or the S,atcs What is the remedy Of the
aa.s IN S hs. psHp' sass viii NJ M TaSes TSes ss
Prcsiocnts Or. suppose The House do not
70 into an election. Congress 10 Dissolved on the
th Of March by the expiration the term OF service
OF the House. As we have seen there no provision
for the President hold over and provision for his
successor the interim between that and new elec-
ton. What, In such case IS 10 be doncY
The genius Of all government Is that the Executive
must never lapse Tho announcement Is made, stho
King is dead long live the King, IN the breath
Officers under most of our State constitutions and
most OF the officers OF federal appointme
hold until their successors appointed.
is It not then In accordance with the
genius OF institutions, and being omius IN
The constitution aud laws that the incumbent should
hold until his successor Is appointed and quail
fed The law MS we have seen having madc provision
within q limited time Tor The appointment OF
successor would it not be tho duty OF
General Grant under such circumstances 10 hold
ON and see to II that the laws faithfully executed
until should be duly chosen and consttu-
tionaly declared elected and qualified and would not
the good and sound judgment by all patriotic
and Just agree to such an interpretation rather
than 10 have anarchy. confusion and perhaps civil
war with their dreadful conseQuenccsS
PRESS COMMENTS.
Albany Journal.--.And SO tho sums OF New York