The New York herald., 1876-11-15

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suspendine the sixteenth and seventeenth JOINT
rules which was passed by the House without
opposition. 1t Is already, therefore, within the pro-
vince OF the House 70 reject any fraudulent made up,
returns; whether from Florida South Carolina as
was done by republican House and Senate as In the
cases OF Georgia and Arkansas in 1865 There Is
further constitutional rele the power of the House
Of Representatives whish II is not necessary now 10
discuss The moral power OF Mr.. Tilden having over
800 900 majority on the popular vote viii have great
weight with the American people These are Mr. RAN
dals views direct from one OF his intimate friends
PROMINENT LAWYERS
The FIRST gentleman called op Was one Of the most
eminent members OF the Philadelphia Bar, whose po
litical sympathies bear toward tho administration
party although he 10 FAR too independent TO be hide
bound republican. He would not permit the public use
OF his name in this connection unfortunately because
OF urgent professional reasons He shook his head
thoushtfuly and said that he much feared there
viii be trouble when the electoral returns are opened
q What would be the nature of the troubley why,
the democrats, who Will be IN the majority when the
two houses OF Congress meet in a JOINT body; may
object 10 the opening and counting OF the cert dcaes
from certain Of the Southern States; but" he con-
tinued hastily, there is no danger ot anything
serious than n mere clamor, violent
proiest-a war OF words, perhaps. IL VIII
be the duty OF the President Of the Senate TO what
purport to be the ocial returns irom these States
and all The objections the world cannot prevent this
II w take dissemination and nerve on the part o. inc
will DO done ("
'ls there any TO suppose that the democrats
may demand the throwing out OF The vote Of any
Statesfn the correspondent; asked
II do not know what they Will demand
Southern democrats desperate men, but
II would not make the slightest difference in the end
whether they did or not. The duty OF the Senate aud
the House / regard perfectly PLAIN Tho consttu-
that the Shall be scaled to the
of The Senate and thai he in the presence
Of the Senate the House, shall open certificates
and the vote shall then DO counted This Is impera
The Language is, The votes shall be opened and
shall then be counted Immediately is meant. Con-
gress would have no right to begin TO discuss
wsether not they would receive the vote OF such
and such State Those certificates that through
the Official channel the law and common pre-
to be right They cannot go back OF the record
They not the judges OF the validity OF the returns
IL is precisely the same in the case OF member Of
the House who is deared elected from certain dis
Ho. .ne Is'uIn'ns omoSi nAkes 'ne Ic'uIn ~ his
favor the Governor Of the state Is bound TO
issue the commission, no matter what frauds he may
believe TO have been practised When the electoral
votes are counted the Senate and the House are
only witnesses. They do not make the President Tho
people Of the United States do this All Congress has
the right to do IS to that the returns from tho
Electoral Colleges what they profess be- formally
correct The ecctor for the time being Is the highest
officer in the government The eleetor has u power
conferred him OF solemn and serious char
acter like the electors that voted Tor the German En-.
peror only they were hereditary princes OF the En-
pire''
.Docs not tho famous twenty second joint rule per-
init each House to retire to decide upon which OF the
returns shall be received in case OF q contest ~
"Mr Randall claims this rule to be still IN force,
the ground that the House never consented to the
the refusal OF the Senate 10 concur In IL as The last
session, and Mr.. Randall gives away
IL does not require the concurrence OF the
two bodies to repeal II. 1t was not law but only
TO se M
that dies but the House Of Representatives
II member OF the House is returned a second time
he is sworn in again new member. Tho
House that has gone before Is dead body
and how tho body be bound by
the laws OF tho dead and gone HouseS
''Do you think the threatened complications at
Washington will be prevented by tho present visit OF
prominent Northern to the South ~ ~ DO not.
Far from being remedy think 1t may bring
conflict there. Northern men have really right
there Men of both parties have gone down South In
a
saying Il have come to prevent your frauds
There will be charges and countercharges Do you
question has gone into higher atmosphere II Is
above popular Intervention. II were southern man,
and member Of the Returning Board In Louisiana,
for instance, and any Yankee came pcering into the
ballots was canvassing, should order him kicked
sent men down there now, tho democrats having done
so first, but the idea in the FIRST place wrong"
What will be the result OF thiss" ~ do moi know;
but of one thing you may be assured-if Hayes Is
elected, President Grant will furnish troops In.
augurate him II II is necessary.
COLONEL McLuRE's OPINION
Colonel A. H. Mcclure, one Of tho most prominent
politicians and lawyers Of the State, better known Of
late the editor oi the best spapcr In Phadolpha
the Times said ~ believe that II Hayes 10 declared
elected by fraudulent votes and manpulations in the
South, that he will never bo inaugurated. 1t Is
grave thing say. but believe that II attempt
such fraud attempted there will bo government
in toie country on the 4th Of March next"
The Colonel read q despatch just received from
Mr.. Handy, one of tho 7imes' EDITORS now In New
Orleans In which the writer declared that Governor
Kellogg had told him that .ihe republican electors
were TO be returned from Louisiana, and that
all hell could not stop Packard from beln1tho next
Governor" Colonel Mcclure contnued:-"I have
great aith IN the people. believe that II republi-
majority Is declared in Louisiana, and it Is not
bones there will be such an address published by the
people OF that State will conviction tho
North do believe that the people OF this country
will commit any fraud In this matter, and feel sale
in saying that the next President of tho
United States will not take his seat unless honestly
elected. OF course the House will Aend a committee
the South Immediately alter the session begins They
Will probably get back before February, when the clec
toral votes to be counted and what they vii.
report WILL Of course. depend the action OF the demo-
at the time OF the counting II Is impossible TO
tell The Senate, after the 4th of March,
may be democratic No, cannot tell what Congress
is likely to do The question a serious one"
sHAKksPEARE SITUATION
Mr.. James H. Shakespeare, n prominent young
lawyer in the democratic interest said .The consti.
tuition provides that the President of the Senate Shall
in the presence OF the House Of Rcpresen and
Senate open all the certificates and the shall
then be counted The person having the greatest
Der of votes Tor President shall bc President 1t is
claimed by the republicans that this Is the only law
in existence under which the electoral vote for
President is to be counted the second Wednesday
OF February They claim that this article OF the
constitution confers upob the President of the Senate
the right to decide any questions that may
elected 10 cast their vote Tor President In view Of
the present complications, in the governors of
the three states-Florda, South Carolina and
Lousiara-should certify the election OF tho
Hayes electors under the republican view the
President of the Senate would have the right
10 decide upon the fairness and legality OF the elec-
tons held In those States and from his decision there
would DO no appeal. Unusr this view the President of
the Senate is invested with very high power, and a
very dangerous one, without the express provisions Of
law, because no one Will claim that such power Is
conferred upon him by the above article the const
tuition in any other way than by implication. Then the
legal question arises Can such power be gwen by
plicationy This question Congress may be called
10 determine at their next session. We already
have the views cf the leading members Of the House.
showing that in all probability the House will insist, II
such complications should arise, that the twenty
second JOINT rule still in existence and of the
binding force and eject that It had when was first
passed by tho concurrent action Of the two houses
They base their opinon upon the ground that,
II Is concurrent rule, II only
DO abolished by the concurrent action OF the
two houses This Is shown from the fact that II Is
not customary al the beginning OF now Congress to
re-enact the JOINT rules and II this twenty second
rule rs still OF full force and effect then other and new
complications Will arise. II there should be any dis
puse the legality and fairness OF the action OF tho
returning Sboards Florida aud Louisiana under this
twenty second rulc the Senate tho House OF Rep
resenaives haze the right 10 object to the electoral