The New York herald., 1876-11-18
BUTLER ON THE CRISIS.

BUTLER ON THE CRISIS.
WHAT he THINKS OF LouIsIANA-THE Duty
OF TIE PRESIDENT OF THE SENATE.
General Benjamin + Butler arrived in this city yes
terday on his way to Washington. About o'clock
representative of the HERALD called upon him his
rooms at the Fifth Avenue Hotel, and found him
gagged in reading tho morning Journals when tho fol-
loving conversation took place.
REroRrER-Gcncra, are you going further South
than Washington?
General BuTLER-Do you In Louisiana, Florida
or South Carolina? II you do am not have Just
been reading letter signed by very much re-
spcctcd friends of mine--Scnator Sherman, Mr.. Gar.
field. Mr Kelley. Mr.. stoughson md o,hers-which
convlnccs that ought not 80 there II had any
doubt about It before They mako I. entirely certain
that the Returning Board Of Louisiana certain u-
dlcal functions 10 perform in canvassing the
returns aud adjudicating whether there has
been raud, intimidation violence used
to prevent fair election In any OF
the parishes alter hearing evidence upon these
subjects. And then they say:-'.Had a corresponding
board In the State Of Now York 1865 been authorized
TO pass upon the fraudulent return OF OF the
city of Now York that year, and a delegation OF ci-
zcns Of Louisiana however respectable, attempted
influence IT'S judicial action upon the facts presented
to under the that State such attempt would
have been universally condemned" | agree with
them in this. 1t IS conclusive The question returns
then, what arc these gentlemen In Louisiana for?
delegation OF citizens Of other States, "howcycr
respectabe"--why do they not allow Louisiana to
manage her own anairs9 thought was right
photographed that would not 60. now know was
But this is by means the part OF their
letter They proceed TO say foows:'If the duties
OF the Canvassing Board OF Louisiana merely
ical in fha ~
charged by tho law with the duty OF verifying and de-
clarng the result Of any election investigation with
no discretion, when tho President Of the Senate
counts ard declares tho votes OF the electors of tho
several States in tho election OF President and Vice
President under tho constitution OF the United
States, a different would DO presented
Admitting for tho moment their assumption that
the President OF the Senate to count the electoral
votes in the presence Of tho two houses, they make
The very significant admission that he ministerial
or clerical officer ony; that Is, that he has other
power SIMPLY count the votes that are certified
TO him without any power to adudicatc whether the
certificates uinc or forged whether the
have been properly or improperly cast so that n tho
President knew that clcctor had voted Tor a
gwen man as President for bribe paid in hand OF
m my thousand dollars he would havo no other
right duty but 10 'countn his vote.
Taking assumption also, and considering that the
most remarkable giving UP OF power in tho President
,i the Senate aud an invitation, TO me, 10
auybody to get electoral votes before him OF any
sor, and they will be available md counted.
by means acrcs that the President OF the som
ate has the counting OF tho votes. The words OF tho
constitution arc:--"They tho ccrtfc,tcs) shall be
opened by tho President OF the Senate In tho presence
OF both houses and the votes shall then be countcd.n
II the constitution that tho President OF tho
Senate should count the votes, why very easy
TO say ..Hc shall open tho certificates and the
votes in tho presence of both houscs' Tho uniform
practice Of the government has been since its
tion that tho votes should DO counted by tho tecrs
appointed by both houses, acting, of course the
eyes and cars Of the two houses under the inspec
tion and thus VIC have contcmporaneous construc-
tion OF this clause OF the constitution by the iramcr
and continuance OF acquesccnce since by all par
ties There Is but dictum against this that know
oi and that is by Chancellor Kent who when speaking
Of Tho danger and possible troubles that might
undcr this constitutional PROVISION says "Thc votes
arcto bc counted by the President OF tho Senate, /
prcsumc,n but enters into no reasoning upon the
question, and evidently had not given 1t n thought
D course acting under tho constitutional provision
tho President OF the Senate has right to tho
votes at all It must DO prcrogativc power gwen
him by the constitution Therefore, II Is no answer
10 the continuous usage in counting the by both
that that was done under JOINT rule, because
IL the PresideLt OF tho Senate has power BY tho
constitution. joint rule OF tho ought
could deprive him OF it. In fact that joint rulc of
tho two houses was only declaration OF con-
ycnicnt modo by those bodies OF doing the counting OF
the electoral votes which thcy assumed tho prcroga-
tive to do
HEroRrgR-Do you think then, that the two houses
must agree the votes before thcy be counted?
General DuTLER--If any instrument says that A and
3 are to do thing-for example, to make award or
enter a Judgmcnt--can a do Il without d or do It
withoutA2 II both houses to count by the consi
tuition can count without tho otherf If so,
which? II our republican friends In Louisiana in
their letter. had claimed the right In tho President OF
the Senate 10 adiudicate to the proprcty right
fuiucss OF the electoral vote when they made the
that he was count them | should have thought II
very Significant but they have insisted that no is
/. merely a machine clerk TO register what may be
sent him | do not think the democratic
pariy will be likely to be much
by their manifesto which certainly leaves tho
President Of tho Senate about as harmless a piece
OF clockwork could oil DO imagined, 1t being his