Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-15

count? The constitution does not say, nor
has any law of congress said. A joint rule
of the two houses mot law undertook by
tremendous HegGtire pregnant to say that,
unless both houses consented, the votes
III q certificate should not be counted
If it be said that this rule has
fallen, at least this rule did cOncede the
principle that the two houses are not to be
mere gazing spectators, pOwerless III action,
but that either could exclude certificate,
which is as much as making the constitution
read, ''shall be counted By both houses, or
HrOicH ont By either house. Now, if the
constitution gives, by its words, this power Of
exclusion to either house, the gift and its ex
istence do not depend on the life of joint
rule. The latter can neither give nor take
away the power 1t Is by the constitution
inherent in either house; can be exercised at
the Will Of each, and the lower house can ex-
clude certificate from Louisiana. The pres
ident of the senate, on that theory, breaks
the seals, hands over the certificates to tellers
of each house to count the votes and de-
clare them to the president; and each
house could then control its own agents,
who are the tellers. But if this be not clear
as to counting, it is clear, as to presence, "
that nobody can open all the certificates, - if
one house be absent. And if either house
persistently refuses to be present there can
be no opening counting, and no election in
that manner. The constitution does not fix
the day for opening and counting, but the
law Of 1892 does, as ''the second Wednesday
of February and adds that ''the certificates,
or so many Of them as have been received,
shall then be opened, the votes counted, and
the persons to fill the offices ascer-
tanned and declared, agreeably to the consti-
tuition. A law may undoubtedly repeal or
modify the law of 1892 as to the day of open
ing, counting and declaring, but this last must
be on or before the fourth of March, for then
Grant, four years end. So the house can, in
that way, prevent the counting of 4 certif-
cate which it thinks fraudulent. But if
either house refuses to be present, as the con-
shtuhon COntemplates, how can the nation
get President? There will be no Vice
President. The twelfth amendment only
empowers the house to elect IN particular
state of facts, which is when no candidate
has majority on the counting, but in the
emergency we contemplate, there will have
been no counting. Very clearly there would
be the vacancy in both offices contem-
plated by the law of 1892 sections
l46 to $50 of the revised statutes),
wherein the president of the senate would
act as President till new election Is ordered
by Secretary Fish, and held. And this elec-
ton could not, under the present law (of
which Judge Story doubted the constitution
ality) be held till within thirty-four days pre-
ceding the first Wednesday of December,
1877, more than year from now. If the
senate has been permanent body since 1889;
if, like the king, it never dies, and its presi-
dent will be in office although the present
congress dies, then there will be some one in
being to catch the falling Office Of Presidents
but if otherwise, then what? Is it
Grant, the dictator as of necessity?
Here, indeed, will be a portentous ma
tional peril, if Kellogg and his agents in
Louisiana thwart the will of the voters in that
State expressed last Tuesday, by counting in,
or otherwise ascertainmg and declaring,
Hayes electors! This peril the Hayes leaders
can ward off from the nation and prevent
The governor of Louisiana is a creation of
Grantism and the carpetbaggers He bears
no such relation to Louisiana as does a north
ern governor, Democratic or Republican, to
northern State. A word from his creators,
and justice re-enters in that State upon its
glorious course. VIII they give the word?
If they do not give the word, over them and
theirs what tremendous responsibility i'm
pends!