, 1876-12-09
democratic Programme.

Wnlcn lrom All Tue S'S
be regarded as an exposition OF the
views of democratic leaders on ques-
tions of the first magnitude and
cravest Importance, and an authorized
announcement of what the democra-
tic party will do, or at least attempt
to do, in great and formidable con-
iuncture which is not unlikely to arise.
This elaborate letter is altogether
more significant than anything which
has yet been promulgated in cOnnec.
ton with the delicate constitutional
questions which are TO be the staple of
discussion for the ensuingitwo mouths.
1t is a strong presentation of Mr.. Ill
den's case and of the course of pro
ceeding which will be adopted by his
friends in the event of the vote OF
Louisiana being counted for Mr..
Hayes. NJ. Potter is a near nelgh>
Dor of the democratic candidate, an
intimate personal friend who has his
fullest confidence, lawyer of distin>
guished ability, statesman whose
fairness of mind is universally conded-
ed, citizen of the highest considera-
tion-such a man, in short, as Mr..
Tilden would naturally select to be
the exponent of his views and pur
poses il a matter which SO nearly con
Germs him and his party. We here
present a summary Of the points en-
braced in the letter:
Mr. Potter maintains that the Presi
dent of the Senate has no independent
authority TO count the votes and de
clare the result, and that he is subject
to the direction of Congress in the dis
charge of his duties when the certiti.
Gates are opened. Mr.. Potter goes in>
to long and detailed history of what
has been done on former occasions,
and cites authorities TO show that it
has been the uniform practice for Con
gress to claim and exercise a control
ling influence over the count. Among
the many instances he quotes the
language of Vice President John
Adams in declaring the result in 1871,
when he said -" In obedience to the
constitution and law of the United
States and to the command of both
houses of Congress, expressed in their
resolutions, passed at the present ses-
sion, | DECLARE" &c. Mr.. Clay, in a
speech made on the question OF coun
ting the votes of Missouri in 1921,
said - The two houses were called
upon 20 examine the votes for Presi
dent and Vice President. OF course
they are called on 10 decide what are
votes" These are specimens selected
from Mr.. Potter's long array of PIE
cedents and authorities. They all
bear in the same direction. He states
as the result of his complete examina,
ton of the records that never since
the government was established has
any Vice President assumed to count
an electoral vote except as the two
houses permitted, nor failed TO with.
hold or prevent returns, or TO reject or
announce votes as the houses directed
After having established, by copi-
Gus citation of precedents, the prin-
cipe that the President of the Senate
is subject TO the direction of the two
houses in counting the electoral votes,
Mr.. Potter proceeds to argue that dis
puted votes cannot constitutionally be
counted without the concurrence of
both houses. lie regards this as tie
necessary logical consequence of the
possession Of this experimenting pow
er by two separately organized bodies.
From the nature of the case atfirma.
tive action by two bodies is impossi.
bic except when they agree. When
ever the action OF two bodies possess
sing equal power is necessary to de-
cision q difference between them re.
suits in deadlock, and no affirma,
tive. action is possible. The guarau-
tee against the abuse of this mutua!
negative on each other possessed by
the Senate and the House consists, ac-
cording to MIR. Potter, in the charac-
ter, conscience and oaihs of the indi>
vldual members of the two bodies ana
their responsibility to their constitu-
ents and to public opinion.
With this assumption of authority on
the part of either branch 10 prevent
the counting of votes tainted or
charged with fraud, it is easy to un-
derstand the deriSion with which Mr..
Potter treats the surmise that the
House may refuse TO be present when
the certificates are opened. Its duty
TO be present is 90 clear and impera
tive that 1t cannot be shirked, and in-
terest as well as duty requires ,he pres
ence OF the representatives. The dem.
ocratic House will maintain that it
can exclude fraudulent votes, and the
democratic members will not miss the
occasion to exercise The power so
claimed If they should find j, neces-
sary.
A stil. stronger motive is suggested
by Mr.. Polter for the attendance of
the House. A contingency may arise
which will require the representatives
to elect the President, and it is main
t-ined that the House is the sole Judge
OF that contingency. Neither the con
stl'ut'on nor the laws make any pro
vision for iafnrmIurr thu rar-o,on,o