The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-11-24
The 8utletin.
THE CRISIS.
The Opinion Of Hon. BENJAMIN E.
Butler.
The President or the senate Not the
SenstituttO nal COunter Of
she Votes.
Trom the New York Herald }

y
ington. A Iout ten o'clock represents
tive of the Herald called upon him at his
rooms at the Fifth avenue hotel, aud
found him engaged In reading the morn
ing journals. when the following CONVEX
sation took place -
Reporter are you going
further South than Washington.
General Butler--IDo you mean in Lon.
lsiana, Florida or South Carolina: II
You do am not. haye lust been read
ing letter signed by some very much
respected friends Of mine-Senator Sher-
man, Mr.. Garfield, Mr.. kelly. MIR.
Stoughton and otliers-which cOnvinces
me that ought not to go there il had
any doubt about it before. They make
il entirely certain that the returning
board Of Louisiana have certain judicial
functions to perform in canvassing the re-
turns and adjudicating whether there has
been fraud, intimidation or violence used
to prevent fair election In any Of the
parishes after hearing evidence upon
these subjects. And then they say -
"Had a corresponding board In the state
Of New York in 1868 been authorized
to pass upon the fraudulent re-
turn OF votes Of the city Of New York
that year, and delegation Of citi-
zens of Louisiana, however respectable
attempted TO influence its judicial action
upon the facts presented TO II under the
laws OF that state, such attempt would
have been universally con 1emned"
agree with them in this. 1t is conclusive.
The question returns, then, what are
these gentlemen in Louisiana for: A
delegation OF citizens OF other states,
"however respectable" -why do they
mr. oil 4 m hnr
affairs! ! thought I was right when
telegraphcd that would not 90. now
know was. But this is by no means
the most curious part OF their letter.
They proceed to say as follows :--''If the
duty OF the canvassing board of LOUISE
ana were merely ministerial or clerical, as
In tho case OF any officer charged by the
law with the duty Of verifying and de-
claring the result Of any election or In
vestigatiOn with no discretion, as when
the president Of the senate counts and de-
clares the votes OF the electors of the sew
eral states In the election OF president and
vice-president under the constitution
OF the United States. a different case
would be presented. Admitting for
the moment their assumption that the
president OF the senate is to ''cOunt"
the electoral votes in the pres
ence OF the two houses, they make
the very significant admission that he is
q ministerial or clerical officer only :"
that IL, that he has no other power than
simply count the votes that are certified
to him without any power to adjudicate
whether the certificates are genuine or
forged, or whether the votes have been
properly or improperly cast, so that if
the president knew that an elector
had voted tor given man as president
tor bride paid in hand OF many thou
sand dollars he would have no other
right or duty but to "count" his vote.
Taking their assumption also, and con-
sidering that the Republicans have the
president OF the senate, this is most re-
narkable giving up Of power in the pres
ident OF the senate, and an invitation, as
it seems to me. to anybody to get cleo
toral votes beiO. G him Of any sort, and they
will be available aud counted. I by no
means agree that the president OF the
senate has the counting OF the votes.
The words Of the constitution are -
"They lthe certificates shall be opened
by the president OF the senate in the pres
ence OF both houses, and the votes shall
then be counted II the constitution
meant that the president OF the senate
easy to say, "He shall open the certifi-
OF both houses" The uniform practice
OF the government has been since its
that the votes should be
count eddy the tellers appointed by both
houses, acting, of course, as the
eyes aud ears OF the two houses under
their inspection; and thus we have a con-
construction OF this clause
Of the constitution by the Trainer, and
OF acquiescence ever since by
ali parties. There ls but one dictum
against this that know of, and this is by
chancellor Kent, who, when speaking OF
the danger and possible troubles that
might arise under this constitutional pro-
Vision. saws: "'rhe votes are to be
counted by the president OF the senate, |
but enters into no reasoning
upon the question, and evidently had not
given it thought. OF course, acting
under the constitutional provision. II the
president OF the senate has right to
count the votes at all It must be prerOg-
alive or power given him by the consti-
tuition. Therefore, II is no answer to the
use in counting the votes by
both to say that that was done under
Joint rule, because, II the president OF the
senate has the power by the constitution,
no Joint rule OF the two houses ought or
could deprive him OF 1t. In fact, that
jOint rule Of the two houses was only a
of convenient mode by those
bodies of doing the counting OF the elec-
tOral votes, which they assumed the pre-
rOgative to do.
RepOrter-DO you think, then, that the
two houses must agree on the votes be-
fore they can be counted?
General Butler-It any instrument says
that A and Il are to do tl.ing-for ex.
ample, to make an award or enter judg-
ment-can A do 1t without b or b do II
without A? Ii both houses are to count
by the constitution, can one count with
out the other: Ii so, which II our Re-
publican friends in Louisiana, In their let
ter, had claimed the right In the Presi-
dent OF the Senate to adjudicate as to the
propriety of rightfulness Of the electoral
vote when they made the claim that he
was to count them should have thought
Il very significant (; but as they have In
sisted that he is merely machine or clerk
to register what may be sent him DO not
think the Democratic party will be likely
to be much moved by their manifesto,
which certainly leaves the President Of
the Senate about as harmless q piece OF
clockw0rk as could well be imagined, II
being his only duty to tick out what Is
placed In the wheels. believe that who.
ever has the counting Of the vote In the
last rQaOrt To determine An election has 4