, 1876-11-13

eGnn q tAie MatscE. y tllden mas @ uGcn honcetay
eisS,es', ~ ." my ~ tenst w ve .na,S wv
~ liz a., raisG = cn'n s,a,sI i. n"s fsir v,,c ~
must III moi ia eIa.tci ope a, r. " '" '''>' "S
---
1.ESr n1rrr.rp
DEN bUl41ElS' ,.-
NE THINKS RoME COMPLICATIONS MAT ARISE
OUT of'TiB RECENT ELECTION.
LHspdteh 10 tAk Sto York Hfrt'!d
LOWELL, Mass, Nov. 9.-Gcn. Butler fUrtseos
thu ts,ss,ldlttv ri uravo combinations In Tim
c,,,,t,1n,, ~ t,a o,o,,,-,, v,,. +, mn n.crvfcv
.s,.,. ,,.,.,. .s..,soa,,ant ri. ovorc Ia ~.
Will your correspondent tu1o escu"s ne w
pressed himself quito freely, aud herewith sub
NIT Il!a views In full,
an +. hnrdtv fa;r. u snJi The Gtncrn1. tto nsk
a.... "a' ."' s.ss,..s, s.',..s .s.I
tutional law without any opportunity Tor either
reflection or ycrlfcatton OF my views; but as
entertain, no opinion that am not always will.
IN, IN crnrc.s' I will rive vo,, ,ho frat vtrv NJ
49,. 49,. . s.,s,.r. .-s,,, ,.e..,. ~ +. -. NJ.
the sho]cct VI your inquiry Us u stsikcs me. lne
constitutional provision Is that the President Of
the Senate shall, III tho presence of the Senate
au,l House of REPRESENTATIVES,. omen all the cor
,,no,,o, ~ ,ho ,fn,,,,,,. .,,l ,hr at..o. .h.t,
.,N-' ~. W -. -",. a4 ~" S~s a"a4.
thcil DC counlcd. Inc outies OF taose ehsagea
IN this work would seeul to be-iirst, that the
Senate aud House must come tugcther; then
Tie President ut the Senate is 10 open
all the certificates; then tic vntos nre to b.
cOtntGd. Now, the counting of the votes In
pllcs serHtiaV " item, nh examination Of them
lo sec whether they are correct or fraudulent,
Whoever has tlte counting III charge must he
eonyiteea that they are nut fraudulent and that
has 1nly TO suppusc Il torgsd rcrtllicatc. which
would not be tountel. Whoever may bc c,!-
Titled to cnn examine the certificate to sec
whether It is torEcd one. II they could ex.
amino tho certificate tn one particular II would
SEEM CLEAR that they could examine tt fn all.
Therefore am Of tic opinion tl,at whoever has
the c.Alnt'ng VI tue votes must hnyo u right to
scrutllizc tllcnf III every parte.llar and Il from
my eutlsc any 0l them arc deemed fraudulent
they nrc to bo rejected. This. however, ts
strengthened by the idea that this tribunal,
provided by the Constitution to count and scru-
tnzc tic votes, Is the one Of Inst resort, and III
or botly who urc 10 make the final determination
have the right to make the s,ost exact and rigid
scrutiny possible, receiving such evidence MS !ay
h, determining tn thclr pwn minds tit the Qucs-
tious involved there.
IIlc tl.tstluH r.l.nrs to us, Who Is to count
tfc vptesl Not the President Of the Senate, for
liz Is to 0nc MI of the certificates, AMI the vote
klnt t',ct, be ct,l.,ltct! Ihc Constitution scerns
not To DO explicit us to wllo is to count. But
witty hrlng Together both iuusrs Il they are .'ol
10 count nr tnsc any part In cottntlng! Or arc
they brought together, Us in tue provision In
Massachusetts, TINT the votes shall be counted
in opc1l town meeting simply " witnesses 10
Tic ut,siIIg, t,urausr this pruCt1eu l!us becil
nvyer to allow MY interference with llIu count
nE by tho prnplc, they simply Remaining to sec
that l. il fairly and opcnly done. bnt surely
both Houses would ,not 10 called together as
slI,lflIy witnesses, Now VIC aTe WtlIullt law t,l
ttu sl Subject, a,.,i tic Joint ru,u Of TIC two W
Iiuusts has BEEN unnnllctt. It would sccln,
therefore, tllat buth lfoMses must agrcc upnn
some plan by tlrans ut which tue counting shall
bu .lonc, or they aru without any gul,ic. It
check vi the uther, hcrausc either House ID
01sIy to withdraw from tue convention and then
tho counting clnn,t Ie dime III, thc. presence of
both Houses. 1t Is difficult. therefore, to SEQ
vthuut totll Houses agree.
It will be Observer! ln constitutional provls-
Ions that there Is no tIHlu limited ut which the
Houses must meet, but ny law II is appointed
| that OH tho sapanl "Wednesday VI February tllo
cert ,catrs Of 30 many Of then, US have BEEN re-
ceiycd slal then BIZ 0pruet, tllu vutgs counted,
au.l the persons 10 Oil the utilvts Of l'resilcut
nnd Vlee President ns asecrtai,led lu.d declared,
that they must nlcrt hclorc t!,c 4th OF Marcel,
Or else there will be 4 1apsc IF tho executive
brnnrl! Of the uoyernInrHt, for there Is lo cousi-
tionnl provision nor no law which allows any
holding over OF tho President Until hs successor
| Is upplntes, Or substitutes auy ullirer TO tuko
Ills place. The law which provides that In so,no
contingencies thr presldrnt Of tic Senate and
Speaker Ut thu liul,su lnay art as President, Is
ou!y provision tor certain specified cases; md
death, resignation or innl,iiityo ol both President
| aud Vice President, neither vi wllicl, would be
the e.,ss which wu s,re considering. Where ua
President Ii elected, then 1t Is provided
| hy luw that Whenever The o0tccg ui
| President and Vic President 10th bccome
vacant lie Secretary OF Stutu shall lausc 1,ytl!
c,ltion thereof To Le ,Ilnlc to tlu EXECUTIVE Vi
of every State nnd shall uito cause tlc same te
BE- pul,isllg,l ii, ut least uc of lie ueH s,al,ert
urititpi in elel, Slate. calling for fl new ceti1lg
to cltsokr electors !ur President aul Ylgc-l'rcst.
lcnt, t ,r ,.ir,sct, nj tu yuriul,s tImrs thrrcir
nroyidrt. fEut suup,sr tllcru Is III counting U
iiu electoral votes eturc tlIe lth Of March, nIld
If upuI tic counting W, President og v1rr-i'rcs
tslclt appcars Il be ricctrI, tsseu tho provision
lieut., voting by States, c.u:t, Staio laYing ont
vote. Would thut proytsnu 70 Into oprrntiun Ii
t!on! npINtlse thurG Whs no counting will thu