The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1876-12-07
Potter's Plan.

Mr.. Clarkson n. Potter comes to the
front as the proposer of revolutions
ry scheme. His long argument is ex-
ceedingly ingenious, able, and-falsc
to the constitution. Its aim is a change
in our system of government; its re-
suit, if acted upon in the contingencd
contemplated, would be revolution by
violence.
1t is astonishing that in all the dis
cussions upon the subject, it has not
been observed that the cons titution
itself makes the Senate of the United
States the sole and final judge in all
conceivable disputes as to an election
of President. For no person can dis
charge the executive duties without re
cognition by that body which with the
President, is constitutionally vested
with share of Executive power. In
the event Of any dispute between the
two Houses, the person claiming to be
President of the United States could
not begin to exercise any executive
! functions whatever unless recognized
by the Senate as the rightful Presi-
dent The Senate alone sharing the
Executive power, and being a perma-
nent body must make the final decision
whether the person claiming to be
President has been duly elected, and is
actually entitled to that position.
This power of final decision must
in the nature of the case. rest some
where. 1t is the palpable absurdity of
Mr.. Potter's argument that it would
give to the very body empowered to
choose a President, if no election be
affected, exclusive power TO decide
whether an election has been affected
or not The Constitution, on the con-
trar Y, gives TO the Senate power to de-
eide that person has not been elected
but it entrusts the power to choose
President in that event, to q different
body. The official who opens and
counts the votes is an official of the
Senate. If he usurps or makes false
count, the Senate can render his ac
ton void by refusing TO recognize as
President the person enormously de-
clared elected. But, so cautious is the
Constitution not to intrust this mega
tive power to body liable to be in
terestcd in its exercise, that instru-
ment gives no power at all to the SEN
ate in filling vacancy which it may
QcCldIc W tAlct. L liildiiiS thC iCo-
dent of the Senate counts the votes.
If he counts falsely the Senate can We
to. But even then the House only can
elect.
AS somebody must decide, so in the
event of a dispute, somebody must be
empowered to enforce the decision.
The Constitution does not provide for
two Presidents, both legal. If the
President of the Senate declares Jores
elected, and The Senate recognizes him
as the rightful President, and the out
going President, and the Cabinet Of
ficers and officers of the army and
navy, who cannot be supplanted by
anybody else without the consent of
the Senate, concuring in recognizing
Jones as President, what will the man
be who rises in his seat in the House
and moves to elect another President |
He will be rebel. Men who vote for
another President will be rebels |
Every man who recognizes another |
President will find himself in the posi- |
ton of those who held Mr.. Poiter's al
legged views in regard to the propriety |
of secession. The rightfully elected |
President will be sustained by all the |
powers of the government, welded by |
the present Executive. We have a
friendly feeling for Mr.. Potter, and
therefore advise him that the attempt |
to set up a second President on Amer
can soil is one which he had better not
advise or lead.