, 1876-12-26
M1SCELLANEOU
LETTER FROM sCMuYLEn uoLrA1 on rul

ELKcTpRAL COUNT.
SouTu BEND, Ind, December, 1876.-To tho
Editor Of ne Nep Fort Tilnes: The true intent
and meaning of tho oftquotcd constitutional
command, "Thu President Of the Senate shall,
in tho presence Of the Senate and House Of
Representatives, open all the certificates, and
the votes shall be counted,' must be lcluceu
from contcsnporaucous precedent, assimilation,
with other legal commands, md construction.
I'rertdtnt.-Atr. Lincoln. in IFS famous Cooper
Institute speech, oyorthrcw Douglas claim that
tho trainers OF the Constitution wero pro-
,a ,saTea 9y citing thGlr antslavery acts as pub
ldcattal election the Senatc unanimously re-
solved to eject a President of tho Scnatc, for
'.the eulc purpose Of opening and counting" i"
tic Presidential vote. they 0ycsthrew, by this
1t was not intended ttmt that officer should
count tho votes lie alonn coulh Urcn.
dssinaQattoa.-rhe law requires deed Of land
TO DO signed 'in prrscncp Ut y witnesses. What
in eurner, out ot ssnt. But those "in
presence Of" whon 1t Is executed haye nothing
~ do with the land, tho title, or tle considera-
taon. They arc the witnesses Of the net, Us the
constrHcslou.-If tho runners OF tho Constisu-
tIon intended that Congress Should ilayo
authority over tho President Ut tho Senate 10 10
Lis Official uct, they understood tho force Of
positive language too well to lave It lett to be
guessed at OF quaarrclcd aycr. To add, "w!tll
their concurrence" or words to TINT effect,
would hnyo settled Il. Tint they omitted u,iy
such wonfs, md alluded to then. only as vii
ncsscs, excludes any conclusion that they ill-
tended them to hayu any controlling power over
the officer named by them:
SCHUYLER CoLrAx.
FLEA 70 coSdREss Iron rnlIApzLfIalA. !.
PMLApELrntA, Deg. al.-A lct.tion signed
Edwin N. Lewis, Joseph Patterson, Franklln i.
(iowali, and nu.iy otltur prominent citizens Of
t!ons, lis Drcn forwarded to thu members Of
tle Senate aud Aguse Of Representatives, at
il rcyitvs ,hat III tho belief Of tho petitioners
the cltlxens OF tho Unl.c,l States aru almost
unanimous III thu demand that tho questions
s5Ss It'll ftSn S tas sst a'o ssdsDta' eestop
sss ssssf"asS sisw s;no"Ee If sGn ts
suveess Or defeat OF Individual candidates; any
"thcv roursu involves peril to the vcry structure
tan contemplate without drca>l; q partisan cnss-
tpst tn Congress reaultIns it, tllo proclamation
PA Pros!feIt without thu acQulcscnrc OF both
lluuscs wnuisa dcst1ny tue cuutltlcnco Of tue
would weaken tt.eir respect for the forms oi
law. anu inlpatr helr faith lit tho adequacy uf
tho Constitution to prcscryu substantial Justice
betwceN contcNding parties: Thu. consequence
- eo1A hStboH t3AH HUt 1utI " wv uCUloFluIQ u
thu Soulstry and ruinous Ia the party wsyl,
might acsteyo a temporary triumph, Tho
petition CONCLUDES as follows;
Thu un'l lctaignet, therefore, confidently hopp
thnt your honorable bodies Viii earnestly cvasiur
sone nude ot rrachInx decision Of the pcndins
qnestons tiAt Will satlsfy tha coincidence OF tho
cuuntry. Thcy ferl assured that when Senators
and Kapspscnsatiyea Vt tne untied states arc called
uIun ~ cxtsetss judicial wera fraugnt with co.l-
dlscha,xu ot their hlgh fnctnns spIrt III faIsusss
and inparlaIty thai Will result In >trtual ulln.
ni'nity of JH'lsnuAt. \ result 10 reached, what
ever II tMay he, will NnHncstlonably command tho
willing aaquioscence Vt tho whole nat!un.