Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1876-11-30
and that he is subject 10 tho direction of

Congress III the discharge OF his duEes
Wien She certificates are opened. Mr.
Potter gees into a long ali! de'ailed his
tory of what has been done on formcr
occasions, and cites authorities to show
Chat j. has been the uniform practice for
Congress to claim and exercise con
trolling influence over the count. Among
the many instances he votes the language
OF Vice President john Adams in Go
claring the result in 1797, when he SAID:
lin obedience to the constitution and;
law OF Tie United States and to the COM
mand OF both houses of Congress, exj
pressed in their resolutions, passed az
the present session, declare" &c. Mrf
Clay. in q speech made or the question
of counting tho votes of Missouri in lS2s
said: "The two houses were called npoI
to examine the votes for President an
Vice President. OF course theN
called on to decide what are
These are specimens selected frS
Potter's long array of precedehvss>
authorities. They all bear in the satS
direction. He states as the result oAhia
complete examination Of the records that
never since the government was estab-
lished has any Vice-President assumed
to count an electoral vote except as the
two houses permitted, nor failed to with
hold or prevent returns, or to reject or
announce votes as the houses directed .
After having established, TO his own
satisfaction, by a copious citation of pre-.
cedents, tho principle that the President
of the Senate is subject to the direction
of the two houses ii counting tho clecto-
raj votes, Mr.. Potter proceeds 10 argue
that disputed votes cannot constitutional
ly lie counted without the concurrence
of both houses He regards this ss lhe
necessary logical consoquencc1E.f the
possession of this supcrintendinjR Rpa.MsS
by. two separately orgapia&l s'odies.
From the nature of the case Affirmative
action by two bodies is impossible OK
cept when they agcee. Whenever the
action of two bodies possessing equal
power is necessary to decision diilsr-
ence between them results in deadlock,
and no affirmative action is possible.
The guarantee against the abuse of this
mutual negative on each other possessed
by the Senate and the House consists,
according to Mr. Potter, III the character,
conscience and oaths of the individual
members of the two bodies and their
responsibility to their constituents and
to public opinion.
With this assumption of authority on
the part of either branch to prevent the
counting Of votes tainted or charged with
fraud. il is easy u understand the derls-
io,. with which Mr.. Potter treats the sur
mise that the House may refuse to be
present when tue certificates are opened.
Its duty TO be present is SO clca. and I'M
perative that it cannot be shirked, and
interest as we'll as duty requires the
presence of the Representatives. The
democratic House will maintain that il
can exclude fraudulent votes, and the
democratic mem bers will not miss the
occasion to exercise the power so claimed
it they SHOULD find it necessary.
A still stronger motive is suggested by
aIr. Potter for the attendance of the
House. 4 contingency may arise which
will require The Representatives to elect
the President. and it is maintained that
the House is the sole judge of that con-
Ingency. Neither the constitution nor
tic iaws make any provision Gor inform
irS tic Representatives when case q
that kind has happened. There is nc
officer or body witch is required or au-
thor;zcd to notify them. The reason
why they require no notification is that
they are prcsentar6 personally cugnizani
~; aiI that is done Daring the count. Be
ing witnesses of the facts they need no
Other information. and Air. Potter con-
tend. that the House is tie sole judge
whether the eXigoEcy has arisen which
Inales it their constitutional duty to
proceed to elect 4 Presidcnt ip consd;
qae"re OF the failure OF SScf1y -r::nsssaNe u
receive legal majority Sof votosy in tht
soHa,ar coun.. In suc1 !ailu;4 the
Hose must immediately proceed &c
elect the Presiiont, and, aS me constilll-
ton gives no other body the right 10 de.
eide whether such all emergency has
arisen, Mr.. Potter contends that the
House mast necessarily decide this
question for itself.
This summary VIII enable readers to
see precisely what the democratic line oi
action will be il Louisiana is counted fol
Hayes by the Returning Board III dis
honest defiance Of the returns. The
democratic House will he present in full
force, and when the Louisiana certificates
are opened objections will he made To
counting these votes. II the two houses
disagree, the Representatives will adhere
to their own decision. at the end of the
count they will decide that there has
been 10 choice by the Electoral College,
and proceed ut onco to elect President.
This is undoubtedly tho settled demo
cratic programme This is the method
Of procedure the party chiefs have de-
lberately resolved to aGort We COM
mend their boldness in placing it so
early before the country and submitting
II to the ordeal of public discussion.
More than two months will intervene
before they will need to put it in force,
and in the meantime it will be the great
argumcntative battle ground OF the two
political parties. But it is not probable
that there will be ans change Of plan on
the part of Mr.. Tildena supporters if he
should be counted out by manifest fraud.
A Compendium of the Political Situ-
alton.
Notwithstanding tho instructions of
he Supreme Court to tho five Radical
partisaus, who constitute the Board oI
State Canvassers in this State, to proceed
at once to issue certificates according To
the returns, to tho mombers OF the Leg
islature fr3In the various counties Of the
State, and that rule issue requiring tie