The New York herald., 1876-12-12
r. M. T. HUNTER.
OPINION OF THE EMINENT VIRGINIA STATES
MAMIE HOLDS THE RIGHT OF CONGRESS
TO GO REHIND THE RETURNS TO BE CLEAR
AND ISDIsPUTADLE.

MAMIE HOLDS THE RIGHT OF CONGRESS
TO GO nEHIND THE RETURNS TO BE CLEAR
AND ISpIsPUrADLE.
RICHMOND, Dec. 0, 1875
To THE EDITOR the HERALD
Five or six days ago received letter from your
correspondents asking my opinion as to the duties OF
the two houses OF Congress IN counting the electoral
votes for President was mach engaged at the time.
having long OF tho political world thought
Il leave to others actively engaged in
politics to discuss these questions and not TO withdraw
my attention from other matters which engage me
just But the question Is becoming SO important
and portcntous that has occurred to me this morn
ing that no good citizen should withhold his opinion
on this subject if asked II 'rhc beginning
OF the endn has not already occurred in tho
outrage on popular rights which has been recently
committed by the President and other officials in three
OF the weaker States It that the lovers OF pop
ular sovereignty aud old form OF government were
uniting TO nerpose for the defence OF the Union and
the right OF the people 10 govern themselves and
elect their own President How this can De preserved
without tho right OF Congress to 60 behind the returns
of Presidential electors and ascertain the number Of
votes, and how cast in The recent election, do not
well Sec II il bc tho duty OF Congress to count" the
votes given Tor President they certainly mast have
the power to ascertain those whom they to
count; AMI how they to do this unless
hey havc the power TO so behind she re-
turnsp II is tho exclusive interest OF tho State
TO know II tho voters were qualified, but
The whole people oil the United States Interested
to know how many votes and to what per-
sons gwen Tor there facts which the ques-
tion of the election OF President who is tho officer
OF ALL Who fit 10 into those questions, If
doubtful, the Congress who the united repre-
scntatvcs OF the whole peopeg How else the peo-
pie be made certain the truly elected 10
that most important OF all these oilcesy
POWER ~ NOT GIVEN IN TERMS liz IMPLIED.
II there be no mode OF reaching these
results unless there be power in Congress TO 80
behind the returns the inference is not only
fair hut necessary that such power ~ 10 DO implied
70 make this implication equal to the exigency II IS
relu,slte; out TO vest this power IN Con-
grcss. which represents the whole people
times OF deep popular excitement, or o! utter corrup
State, strong temptation 10 return this vuic
falsely might exist in particular State, when, at
present. single electoral might change the char
of the President aud OF Executive policy. Times
may be apprchcnded when there ght be danger OF a
State yielding TO such temptation II the opportunity
given II with power III the Congress 10 detect
aud prevent IT, II the power does not exist now in
Congress there is none to prevent or check such
abuse II The state were TO connve al IT, TO learn the
question OF time IN this matter under the supreme
control oi the OF the whole people, tho
constitution provides that ''thc Congress may deter.
nino the time OF choosing tho electors and the day OF
giving their votes, wnicn day shall be the
throughout the United Stacs (iourth section. second
articel
But that Congress may pass such laws shall
BILE TO count tho vote OF The Presidential electors IS
plain from tho provision that II may make all laws
which necessary and proper for carrying
cUtion the foregoing powers and all other powers
vested by the constitution IN tho government OF tho
United States, in any department. oilce thereof
1t may not only pass all laws necessary proper
the tod powers, but pass such may bo
necessary 10 discharge granted duty or necessarily
supplementary TO execute function where tho grant
is not oil itself complete IN terms. Under this power
Congress may make tho laws which necessary TO
enable II TO count the vote. - As nll
the States interested in counting truly
the vote for President, that duty and tho
10 the Congress OF the whole The place OF .ast,ng"
the vote Tor the State and perhaps 'he manner" OF
doing II, peculiarly concerns the State ITSELF
whom, perhaps, it would be proper To conidc those
tors the peculiar duty Of Congress, which bc
executed unless u has
THE RIGHT TO GO BEHIND THE RxcoRps.
hold there orc, that Is not only their right but
sary to enable them To know who entitled TO cast
tho votes Tor PRESIDENT Tho highest OF all rights
which Legislature possesses - to provide against
archy, II, without such action, It would cnsuc.
than contested Presidential election without
tho means 10 settle u truly and justly? IL
the right OF seli.detcnce, to protect your
lite, be law Of nature is not tho right 10 defend the
doubedY For al! these believe the right Of
Cong to 20 behind the records Is indsputabe and
do think necessary to investigate the question
to the existence OF the Joint rule which
.bchnd tho records" TO ascertain whom they are TO
count hold 10 DO indisputablc and founded upon
higher considerations than those of rule. Ii is a
question which touches tho and existence OF the
means OF deciding. Very respectfully,
Il. III. T. HUNTER.