South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1876-12-01

showing majority for them Of 8,099,
with a certificate of their appointments
from Gov. McEnery. may meet and vote
for Tildcn and certify their votes while
the Hayes electors, certified By Kellogg.
will meet and vote for Hayes. And il
tho houses OF Congress should act simp.
ly upon the republican precedent of
1872 both votes will be detected. 1.-THE
House or Representatives should. for
any cause, resolve TO count the electoral
vote OF that State for Tilden, it would
be for the Senate to take the RESPONSE.
bility Of rejecting and refusing to count
it. If, on the other hand, the House a.
lone should refuse TO count the vote for
Hayes, that responsibility would belong
to IL. II, rs some people are pleased to
suggest, either house can insist on a
vote being counted, we might then have
the vote OF Louisiana counted both ways.
which would give the election to Mr..
Tilden-l92 to 1875. For it must be
the necessary and nonsensical result Of
holding tina. either house can count the
vote oil State, that, whenever there are
two returns from q State, and the houses
do not agree as to which is the real vote
Of the State, its vote will be counted both
ways.
THROWING TIE ELECTION INTO TIE
HOUSE.
II, then, the vote OF Louisiana shall
not be counted, and Mr.. Hayes should
be allowed Florida and South Carolina,
he will have III votes and Mr.. Tildcn
lS4, and then either Mr.. Tilden will be
elected or there will be no election of
nj
immediate duty OF the House oc Repre-.
sentatives, under the express direction
OF the constitution, to proceed to choose
President by the votes of States, each
State having one vote, and if Mr.. Hayes,
should then be chosen President he will
be chosen absolutely in strictest compli.
ance with all the provisions aud forms
of law, and will be rs absolutely and
lawfully President as any man ever was.
So, too. if the House should choose Mr..
Tilden.
The constitution has provided for no
person or body to notify the House that
there has been no election for President
by the electors. nor, by deciding whether
to make or withhold. such notification,
to judge Of that fact, but has left the
House solejudge ofthe happening of the
contingency calling for its action. AS
one of the counters Of the electoral vote
the House must necessarily know wheth.
or that vote has resulted in choice.
aud, SO knowing, does not require noti-
fication Of the fact. Accordingly, had
the constitution provided for notilica.
ton to the House, it would have been to
make its action in that respect Deepen.
dent on some other judgment of the
happening of that contingency than its
own. But instead it leaves the House
TO act upon its own knowledge, indepen-
dent of the action of any other body or
person, and directs the House in that
contingency, of which it necessarily has
knowledge, and is itself to be the Judge,
to proceed to choose President.
And to whom could the question of
whether the power was to be exercised
be so properly committed as to the body
which is TO exercise the power, to that
great popular branch of the government
Which specially represents the people.
and whose members, of all those con.
nected with the federal government, are
alone elected by the people?
Having. then, the ordinary and usual
authority of every superior body, invest.
cd with the exercise Of supreme func-
ton, Of determining for itself the occa.
sion when it may be lawfully exercised,
and having, therefore. the authority to
decide for itself whether 4 President has
been chosen by the electors or not, and
il not to then itself choose the Prcsi.
dent, who can lawfully dispute the au-
thority ofthe President whom the House
OF Representatives may thus choose?
TALKING REBELLIoN.
Gentlemen who talk lightly, therefore,
OF having the Vice-President or the Sen.
ate receive and count the vote Of Louisi.
ana against the objection of the House,
or OF choosing some energetic man Pre-.
sidcnt ofthe Senate that they may have
forcible officer TO lead tho republican
party after the 4th of March, or Of an in
terregnum in which Gen. Grant shall
hold over, talk rebellion. The House
oil Representatives will not refuse to at
tend the counting of the electoral vote.
IL Will permit the counting Of every vote
which 1t may judge lawful to be counted.
and no vote can be lawfully counted
without its concurrence or against its
Judgment and direction. Whomever, bv
the vote so counted, shall appear to have
the majority Of all the electors appoint.
ed will be President, and will be accept.
cd by the democratic party as such and
whomever, mo President be so chosen,
the popular branch of the government
shall then, in due form, choose to bo
President, will he so accepted by them,
and it will be those who may sec it TO
resist the executive thus lawfully elect.
ed who will DC dcCying the law.
And even if there has been on omis.
sion in tho constitution, so that, strictly
no one may be elected according 10 its
provisions what could be so i'm accord
with tho spirit Of our government as TO
agree upon an executive, chosen by the
House Of Representatives. acting 10y
States? That is chosen by men elected
1871 .. ~. ~.