The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-12-14

or,xrnH or TIE EMINENT T1RG ia STATES
y,<--uy HOLDS THE RIGHT O. JNGREss TO
60 BytnSp THE RETURNS CLEAR AND
lNplSPUTARiE.
RICHMOND, Det her 8, 1916.
RI, the Editor Of The Herald
Five or six DAYS ago | received letter
from your correspondent asking my opinion
- 70 the duties Of the two houses OF Con-
rr,Ss in counting the electoral votes for Pre-
sden,. was much engaged at the time,
and having been long out OF the political
world thought it best TO leave it to others
more actively engaged in politics 10 discuss
those questions, and not 10 withdraw my at
trpiion from other matters when engage
me lust now. But the question Is becom-
ING so important and portcntouS that 1t
has occurred 10 me this morning that no
good citizen should withhold his opinion
on this subject if asked. II "the beginning
O.. the end" has not already occurred i'll the
outrage on popular rights which has been
recently committed by the President and
other officials in three Of the weaker States,
il is time that the lovers OF popular Sore-
reigntv and our old form OF government
were uniting 10 interpose for the defence OF
The Union and the right OF the people to
govern themselves and elect their own
President How this can be preserved
without the 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
see. If it be the duty OF Congress to
count" the votes given for President,
they certainly must have the power
TO ascertain those which they are to
count; and how are they to do this unless
they have the power to go behind the re-
turns. II is the exclusive interest OF the
State to know if the voters were qualified;
but the whole people OF the United States
are interested 10 know how many votes
were east and TO what persons given, for
these are facts which touch the question Of
The election oil the President, who is the
officer of all. VINO so tit TO examine into
those questions, ii doubtful, as the Congress,
who are the united representatives OF the
whole people: How else are the people to
be made certain a> to the man truly elected TO
that most important OF nj their ofhcesi
POWER II NOT GIVEN IN TERMS TO BE
IMPLIED.
II there be no mode Of reaching these re-
suits unless there be power in Congress TO
20 behind the returns, the inference Is not
only fair but necessary that such power Is
10 be implied To make this implication
vest this power in Congress, which repre-
>cnts the whole people. In times OF deep
popular excitement, or Of utter corruption
in u state, Il strong temptation 10 return this
vote falsely might exist in particular State,
when. as ut present. Il single electoral vote
might change the character of the President
and OF executive policy. Times may be
apprchcnded when there might be
danger of State yielding to such
temptation il the opportunity were
given it with no power in the Con-
c,rcSS TO detect and prevent it. If the power
does not exist now in Congress there Is
none 10 prevent or check Such an ABUSE II
the State were to connive ut 1t, 10 leave
the question OF time in this matter under
the supreme control OF the representatives
OF the whole people, the Constitution pro-
yidc> that "thc Congress may determine
the time OF choosing the electors anu the
day of giving their votes, which day shall
be the same throughout the United States Z"
Fourth section. second artlcle).
WIDE SCOPE OF CONGRESSIONAL POWERS.
But that Congress may pass such laws rs
shall enable it to count the vote OF the pre-
>dcntial electors is plain from the pfoFl-
sion that it may make all laws when are
necessary and proper for carrying into en-
mowers vested by the Constitution III the
Government OF the United States, or in any
drnartmcnt CT office thereof. 1t may not
only pass all laws necessary or proper 10
execute the granted powers, but pass such
as NAV he necessary to discharge granted
duty or necessarily supplementary TO exc
cute function where the grant Is not OF
itself complete in terms. Under thls
mower Congress may make the laws
which are necessary to enaDic II
Ito count the Vote AS all tne
States arc interested in counting truly
the vote for President. SO that duty ana the
means necessary to discharge it ought TO dc
conided to the Congress OF the whole. TIC
place OF ). casting" the vote lor the State,
and perhaps "the manner OF DONG It.
most pcculiarlv concerns the State itself, &c
whom. perhaps, it would be proper TO con-
tidc those duties, but to ascertain VINO art
legally chosen as electors is the pecullal
duty OF Congress, which cannot DC exc
cutcd unless it has
THE RIGHT TO GO BEHIND THE RECORDS.
hold, therefore, that it is not only theil
right but their duty, if it be necessary 10 &c
so: il that be necessary to enable them tc
know who are entitled to cast their votes
for President. The highest OF all rights
which Legislature possesses IS to provide
against anarchy, if without such action il
would ensue. Could anything be more
likely to lead TO this than Il contested presi-
dental election without the means to settle
it truly and Justly; II the right OF sclf-de,
fence to protect your life be law OF nature,
is not the right to defend the life OF society,
the existence OF State, still more
undoubted? For all these reasons
I believe the right OF Congress to
20 behind the records is indisputable, and
do not think it necessary to investigate the
question as to the existence OF the joint
rule, which some seem to think SO impor-
tant. The right Of Congress to go L" be-
hind the records" to ascertain whom they
are TO count hold to be indisputable, and
founded upon higher considerations than
those Of rule. 1t is question which
touches the peace and existence OF the
country, which the Constitution itself ut.
rords the means OF deciding.
Very respectfully, Il. u. L. HUNTER.
The ELECTORAL VOTE.-A few days ago
the Judiriury ('ommittpe agreed to report