The New York herald., 1876-11-17

on the postmaster electoral mudde he is op pnion
that such Offices are not intended to be referred 10 oy
Tie constitutional prohibition but this point he IS
not clear II, however, they officers then all votes
cast tor such persons are bad votes and must DO
counted; but that would not necessarily leave the
ucxt highest candidate elected He said there would
vacancy in the Electoral College that state be
tied according 10 the prcscri bed forms oil law.
aaor Gordon IS siaDch republican, and the de-
eice candidate on the Hayes ticket In Indiana in oc
20 r tor Attorney General
WHAT JuDGg HoRp THINKS
Judge Oscar b. Hord, Ex-Governor OF the law firm OF
Baker, Hord Hendricks, cousin OF Governor
iendricSs and former republican, Is recognized as
one OF The cearest legal minds OF the State He Is
thorough democrat and Is most emphatic in express
ing ms opinion on the seriousness OF the situation
WIN us network OF perplexing complications Ho
says tnat the assumption ~ this vlaiuous Returning
Board OF Louisiana is preposterous and revolutionary
and he cites contingency under their programme TO
be that though the returns certified TO that
board might show on their face 600 900 majority
tor Tilden, yet by ths Infamous system OF msnpula
non and arbitrary despotism of the board, this 5000
majority returned from the contents of the ballot
boxes could DO spurned and get aside and spurious
majority, created through exparte statements OF an
irresponsible mob OF thousands for Hayes 1T was
evident from the delay OF election that Chandler
and the administration manipulators intended 10
count iilden out and Hayes in,' said Judge
Hord land the kilograms from Kellogg and
chamberlain prove it. Observe the peculiar word
Ing of them. The democrats sent details, giving tho
aggregate votes OF counties and parishes while the re-
publican returns were vague and in such phrase
kelogg's, BE easy; We will come out all rght;' and
Chamberlan's where he says, We VIII come out
ahead several thousand You these obscure and
vague assurances left the way for perpe,uaon OF
now being concoctedn
On the question OF the power Of the joint
ior President, Judge Hord is emphaticaIIy OF the
opinion that the joint convention can deliberate
and Investigate and take entire cognizance OF
all matters pro and concerning the
legality and purity OF the certified laid before
the body. He thinks the constitution, while not ex-
plcit certainly does not confer any extraordinary
powers the Vice President that IL only makes him
The custodian OF the sealed packages Of certified
turns from the various electoral colleges, and empow
assembled Congressional bodies, bus does
that there can be such inference Of power. His
opinion Is not at all obscured concerning duty OF
Congress in the premises and that they must assume
grave responsibility, especially the Magma Charta
orders them to assemble in joint convention Would
venton to sit there wooden divcsted OF any
.uIhoriiy or power, or hand In tho proceed.
mss' ,a n, Suppose @ the wee na resident % IT., were we're 70
such States no chose and whom there
contest count only such as he chose mus clearly
dcying the will OF the people, would Congress be
qured by our constitution to sit there, gaping like
Idiots, thoroughly parayzed and powerlesss The idea
Is absurd.
On the question Of the postmaster electors Judge
Hord is also emphatic in the opinion that postmaster
,r chosen appointed. He thinks that, being IN
.gibe when elected he cannot be elected thar day.
and that any subsequent act OF his cothe
him with powers which the constitution absolutely de-
cares him incapable OF possessing.
tho pa,rioIism Of The cannrv 10 ,are ,hn ngica y,
which he has been fairly elected by the people
G. roKrER's VIEWS
Albert G. Porter in Lincoln's time the Congressman
from this district and lawyer OF conceded pre-
emnence in ability and judgment, headed the Hayes
electoral ticket in Indiana this year. Your cor
respondent spent an hour last night at Mr. Porter's
residence aud heard the Presidential complication re.
'loweo from all conceivable stand points and touching
all probable contingencies Greatly abridged tho
view was as follows:-
CoRREsPoSDRSr-what opinions, have you, Mr. Por-
Ter. OF the Presidential mudde the road out
: Mr. PoRrER-wsll, I can hardly say have
opinion the questions numerous and plex.
One might express his views any specific feature
Of the complications on the presumption that the
presented would not be disturbed by additional cond-
lions. but new and vexatious questions are daily
arising
then as 10 your views Of the powers Of the JOINT
sembage OF both houses Of Congress to the
OF the electors or President and Of the power OF the
Vice President that occasong
Mr.. PoRrER-Cearly the bodies arc by the consttu.
lion required simply to assemble together and hear
votes OF the several States announced by the Vice
President, who is explicitly empowered commanded
to open the sealed packages OF votes, and. infcren-
tally, authorized TO count the same In the absence
OF specific and explanatory constitutional clauses We
must take reasonable view OF the matter 1t
sonable to infer that when the trainers of that nsru
ment declared It to be the Vice Pres
ioe.rs duty to open the votes, they in.
declared by the officer opening the packages They use
NE term .'immediately," showing that tney did not
any one, but opened and the result declared, right
there and then, before ali Congress Witnesses
CoRRSsPoSpkNr-But in the event Of contests and
irregularities where, TO open and votes certi-
ned to the Vice President would be an dis.
franchiscment muzzlng OF the people Of Common.
wealth, would there be power in that Joint assem-
blage OF Congress TO interdct, direct, invest-
gate?
solely as witnesses 10 a merely ministerial act The
votes having been opened and counted by the Vice
President IN the presence OF the Senate and House of
Representatives, the function OF the Vice President in
the premises ceases, and there is no further require
mcnt for the joint presence OF the two houses.
CoRREspoSDRST-Then you concede some discretion
AIRY power In the possession OF tho Vice President to
determine which OF any contested certhcation Of
electoral the various States is to be countedY
Mr. PoRrER-Ycs, sir, certainly. IL is not matter
Tor Congressional investigation aud Interference
Lett Congress tamper with the electoral re-
urns from the States, conceding authority to that
ont body to call out the votes they choose to have
counted. the popular will might be any time
hwarted. Ii is astounding to me that democrats who
nave championed State rights should for moment
ounenance such preposterous theory. The electoral
business, now constituted, 10 unmisaka ably State
mar. Errors OF grave nature might by the Vice
President be referred back Tor remedy the respective
States where originating, or, perhaps by some action
f Congress be referred, but the whole theory OF
,he constitutional electoral machinery OF choosing
President is the very ideal Of old fashioned State
rights democracy. Each State is called its
own part in that job Congress and the gen.
sral government really take very little part
In IL The States can appoint the electors
In any manner they desire, either by the
vote OF the people, by the legislature, or by the
governor or In other manner satisfactory them
electors appointed they do not assemble national
conference, ana there, IN national capacity choose
The national Chief Executive, but they tncir
respectv ve State capitals and vote for President
CoRREspoSpRST-Thus, you MAINTAIN that each State
must be the srbiter Of all errors or grievances
Electoral College businessy
Mr. PoRTER-Emphaticay So
CoRREsPoSDENT-Doy you think this electoral machIn-
cry wise and eihcientf
Mr PoRrER-Not at all. 1t has demon stratcd its
weakness and possibly its danger as system Yet If
you vii glance the Fsdsrdist--here hav We it, you
wll perceive that Hamilton praises that part OF the
fcaera machinery above all else, deeming perfect
efficient and successful
CoRREsroSDRST-Do you contemplate possible
serious perplcxities in reaching result in this Pres
dental contest satisfactory the people just aud
fair to the votcrsy
Mr.. PoRTIR-lf ! had not faith in tho wisdom
prudence and mutual iorbearance OF The American
people might be exceedingly apprehensive OF the near
iuture Of our Republic; but have passed through
Ecvercr than these Our capacity Tor endurance
has been sorely tested.
CoRREsPoNDgSr-what are your views OF these
yet possibly most important problems the