Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1876-12-16
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q CRISIS.
Jews of Hon. John A. McClernand
of Illinois,

THE CRISIS.
yieus of Hon. John A. McClernand
of Illinois.
ITO the Editor of the Republican,
I have read with much interest your
article of the 9th ult., upon the power
of the president of the senate g the
electoral returns. In that article you
limit his power to b simple omce OF
opening the returns. / concur with you
that his power has no greater extent.
When he has produced the returns or
certificates before. the two houses In
joint session they pass wholly under n
control of the joint body. But while
this is so, an Incidental question may
arise, in a certain contingency, of very
considerable practical importance. 1
allude to the possible secession OF the
president OF the senate with a majority
of that body from the joint meeting. In
that event who becomes the proper
custodian of the returns?
The constitution, after prescribing the
manner in which the electoral lists shall
be made out, provides that they shall be
transmitted 'sto the seat of the govern
ment, directed to the president of the
senate" who ssshall, In the presence OF
the senate and house, open all the GER
tiicates, and the vote shall then be
counted"
These provisions, fairly construed.
make the president of the senate simply
the repository or custodian OF the re-
turns from the time they come into his
hands until he has officially produced
them before the joint meeting-saying,
however, that there is cast upon him the
function, and alone the junction, OF
opening them. Under these provisions
he holds them only as a custodian and
in trust to produce and open them. AT
the same time, the joint body may de-
termine the time, order, etc., OF opening
them, Hence, in the event that either
he or the majority of the senate should
secede from the joint meeting the returns
must remain where, in obedience to
the constitution, they have officially been
produced tor the purpose of acount, and
neither the president of the senate nor
the senate itself could lawfully with
draw them. Any such attempt would
be extra-constitutionalan Unauthorized
In the event mentioned. another very
important and serious question might
arise. We have already seen that the
presidents extra-ofhcial commissioners,
attending the Louisiana returning board,
have assumed contrary to the reason
ing of your articles and of this commu-
nication, that the president of the senate
and he alone, may count the electoral
votes and declare the result of the count.
This assumption implies and foreshad-
ows that officer will undertake to do SO.
If he does and declares Gov. Hayes elect
ed president, Inen Grant, under color Of
that declaration, would no doubt pro.
coed against all objections to redeem
his pledgeto see Hayes installed as pres
ident, and especially If the house should
sanction such a declaration by sitting by
as a silent and therefore asserting wit
ness. In that case it would be said tina
silence gave consent, and that forbear
ance to dissent in season foreclOsed dis
sent out of season, and after resistanc'
would be denounced as rebellion ant
treason.
In the presence of such an assumption
and its threatened consequences, wha
remains to be done? know OF no othel
resource than for the house, in the oper
alton of its authority and dignity, to in
terfere %peaceably if it cam, forcibly If
must, to arrest the usurpation. If tn,
president of the senate, with a majority
ofthe senators. should, asthe consequence
of such interference, secede, as alread.
mentioned, from the joint meeting. and
returning to the senate chamber. ther'
or elsewhere, proceed to consummate hi
usurpation by declaring Hayes elected
contrary to the opinion of the majorit.
of the house and of the non-seceding sen
ators, it would be left for the house ant
such senators to choose between sub
mission and non-submission. 1t the,
chose the latter alternative and proceed
ed, as they probably would, to ascertain
and declare who was elected, or whethe
there was a failure OF election, and sue
a failure as authorized the house. unde
the constitution. to make an election il
self, an issue would be joined betwee
the majority of the senate on one side
and the majority of the house on tn
other. This issue, in case the latte
should declare Tilden elected, would b
maintained, not only by the house,
popular and constitutional body, but b
the non-secsding senators and a gre,
majority OF the adult male population
the United States, as shown by the lai
election returns. In these clrcumstal
ces, the higher sanction of law would
on the side of numbers and the reproat
of rebels and traitors would fall Il
other way.
To avoid such an issue, you ventur,
in your earnest and eloquent leader
the 23rd ult., to advise temporary su
-,;oc.on nm tho mort nf the n InrIfu wI
an appeal to the people at the next pre-
idential election. l profoundly symp
thise with your desire to preserve pea
and to YER even the chance of civ
war, but l am not prepared to admit tn
ever submission with such an appe
would, under the circumstances, be {
wiser or safer part. Submitting now,
the freshness of our indignation, VIII
would we do four years hence, tam
by time and humiliatlonP STOPPING
accept the yoke of a master, now ,wou
we be less willing to wear it when
had become familiar? Hardly. All e
p%erience teaches that mankind are me
disposed to suffer. while evils are 81
ferable, than to right themselves by
appeal to arms. Moreover, the usur]
ton of to-day becomes a precedent a
an encouragement to future usurpatiol
The spirit of freedom once compromis'
as the virtue of q woman once tainted
gone. Eternal vigilance supplement
by unwavering courage is the price
liberty. Such were the reasoning a
maxims of our fathers when they bray
the usurpatiens of George the III.
But, I.would not be misunderstood
repeat, I would avert the terrible ca
nifty of a civil war, by every pac
means; nay, by every honorable c
cession short of the surrender Of our f
institutions and of liberty. These
would fight for, at all hazards. and "
faith and courage on u side, our I'll
would prosper.
But, again, if the conflict must col
let it not be anticipated on our part
any act of violated independent ST
authority, OIL by any merely local {
break, but let US continue to bear
torbear until the friends of CONSTITUTE
al government in congress shall h
exhausted every honorable and peat
BILE and shall have made
the issue and taken upon themselvt
national leadership in the measur
maintain 1t. So far l am a submiss
list, but no farther. l trust, consult
the spirit of your article of the ?
rather thar its letter, are you a sub
sionist. JOHN A. MCCLERNAN
Distributing the bible among
heather carries with it statistics o
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