The New York herald., 1876-11-17
DISCUSSING THE SITUATION.
VIEWS OF JAMES N. uEvEHIs.


delphia Bar in speaking OF the political situation to
HERALD reporter this evening sad that the aspect OF
affairs appalling. II Was something entirely un.
and unprovdcd for by the founders oi
our government He considered that tho choice oi
the President OF the United States would be de-
cded by two negroes and three white men In
Southern State That such condition OF anairs could
exist hs thought revelation of how weak our govern.
really s and ftho difficulty Is poacably overcome
every lawyer would tho necessity Of immediats
amendments to the constitution.
Tho correspondent asked what no thought would "
tho course procedure at tho counting OF the elee-
toral In the House In February nex and II he
apprehended lroubleS He replica that he greatly
feared trouble. Much however, depended on whether
or not the famous twenty joint rule has been
Mr. Randall and other democrats claimed
that II sill, existed but the republicans asserted that u
ceased at the last OF Congress II that rule u
still IN force, aud either House can object 10 the
counting OF the votes OF any of tho states,
the situation confronting us IS indeed serious Tor the
democrats may refuse 10 be present ~ the opening OF
the certificates from Louisiana or Florida II the Hayca
electors are returned, and they believe, or claim TO
believe, the return TO be illegal; or tho republicans
might claim that the Tdcn majority IN New ork -
Fraudulent and may refuse TO assist M the opening Of
the returns from that state This last Is improbable,
OF course, but there hardly limit 70
the possibilities Tho House. which is democratic,
might refuse TO attend at all II Hayes Is elected. sup
pose they refused 10 be present. who could compel
them II would not bo violation OF any law because
the constitution does not fix any time Tor tho opening
OF the returns provides that i shall be done in the
joint presence OF the House and Senate, but there
Is no precedent for what may arise next February
So much depends on whether or not the twenty.
more thought than ! have yet gwen II. This
joint rule has bean IN existence for over four years
and has been re-cnactcd every session II only one
House rcscndcd 1t aud tho other reused IL would
lougcr be JOINT rule. aIn under the impression 10
stI exists. was told SO by United States Senator
yesterday II was under that rule that tho votes Of
Nebraska and Georgia ior Greeley wore thrown
ont BY the senate Another difficulty, I under
stand, Is that there IL no provision in Florida or
Louisiana IN case Of the death OF An
elector. II one should die in either OF those
States iis probable that Hayes might lose his election
Don't you what little thing may Affect the results
aud what temptations arc thrown before unscrupuious
men by such q dangerous state of affairs. Ten thou
sand dollars given Que OF the electors from one OF
the southern States to tako trip 10 Europe
muraer may grow out Of this Another complications
In tho The election of men in Oregon and YER
mont electors who arc ineligible by reason oi
holding olnco OF trust under the government
II Is question whether this creates vacancy. II it
does create vacancy, then thero Is no doubt that
under the United States law. the States would have
PROVIDES that every State shall have tho right pro-
vide for vacancy in the College OF Electors. say
that this Is question, because me constitution de-
and 4 naturally does not provide any remedy
for what not supposed to be possible. IL Is worry
likely that the Same thing may have occurred beor'
and that ineligible mon may have been made cec.n-s
but has been noticed, because the contest
close before. In oregon and Vermont, whore
these two ineligible have been chosen, ths
republicans will claim that . vacancy exists,
Tho democrats, Of course, will claim that the siec-
ton void, In which case no one could be
chosen substitute, and the democratic eector whs
had received the most votes would claim the
right cast the vote for the State This v0 ~~uld
result in tho loss Of tho republican msjorI ~
state. If Louisiana or Florida Is declared n ait *
there will undoubtedly be democratic prot - - shs
House and vote contest The House mis- Ss'ts
and refuse TO be present at the count This aAs
fear do not know what remedy there CO ~ ~
tho thrcatened trouble except cooiness and fofs%ni
Gn both sides Nol,nos do not .. think a sSs sS
will result In any practical good M@f
wcil meant but will not accomplish anything oeasast
tho law says the canvass must bo in secret axe tyt
they allowed to be IN the room through ccuriaff
they cannot have an opportunity Of properly wrnni
ing the returns. Tho Returning Board IN LlS.ElNna
will probably meet saturday, when the esh eas
win expire. They win do nothing until Mon 49,
days 10 6x the votes for Hayes. / Go not see .s,s
plan Will result IN any good certainly th ~ tSsi
rssu .ss danssrs - aom.nd which viii bs Needed
The system or clectng the President and ps y -
the abolition OF the Electoral College. r
Mr.. Lewis C. Cassidy, another well know ~
pnia lawyer interviewed on tho sau' - y
He entirely agreed with Ar Heverin.
w. H. MAxx's VIEWS
Hon william b. Mann, Tor many years District A.
torney OF this city Of tho oldest and best knows
lawyers in the city Is convinced OF Hayes election.
and is hopeful OF understanding and suhsidence
OF The excitement before the Wednesday in February
when the Electoral College meets. Being asked ~ "a
the probability o. tho contingency suggested by
Mr. Heycrn as TO tho result or tie choice OK ineligible
men as electors IN Oregon aid Vermont, he VAS Of
the opinion he SAID that this would certainly lose
the republicans the electoral votes OF those States.
He said that he under the impression that NJ.
Hevern was wrong as 70 there oeihs 40 provision
thought there WAS.
INDIANA LAwYRRs ON THE SITUATION.
INDIANAPOLIS, Nov. 10, 1874
Tho complications Of tho Presidential problem abs
sorb not only public attention. but tho legal professors
tss shoro nj nd N a
aspects OF the situation. The views Of distinguished
lawyers deemed OF importance, and Jour corro-
spondent sought the opinion OF somc Of tho many
prominent members OF the bar Of this city Ny nrss
visit 70
JUDGE HENRY ". HARRINGTON.
late candidate OF independent party for Govsrnse
alter the surrender Of waico to Harrison and Haysa
Judge Harrington was formerly democratic member
OF Congress from Southern Indiana, and has . nrsa
class record as . lawyer He said:-"The proposed
procedure OF she Louisiana Canvassing Board to nos
only throw out votes at will. but to count votes -
having been cast which were not cast, 10 clearly an
tagonistic to our form OF popular government II
were in Congress would vote and work TO
have tho resuli OF the electoral vote based
and declared void. On tho question rs 10 what power
the Joint convention OF the two houses OF Congress
possesses respect to tho counting OF the Presiden-
sis vote he said tho power clearly oxsts by
able implication, IN such joint assembly oil Congrese
investigate, conhrm or reject Inc work lAd ouioro
for inspection, else why joint assembly, No doubt
SIR but they have clearly implied " not explicit aur
thori,y to so into full investigation OF AL con-
tested doubtful matters apperiaining 10
the returns certified 70 thcm through the
Vice President. suppose there is . connict
State authority and that two sets OF electors have
certified action up the Vice President, hts duty
forth the constitution to open the sealed pack.
ages, but he is not ordered to count the votes Hn
duty might be to INFORM tho joint body Of the
oil the papers before him, and then whore there
controversy or contest, tho Joint assembly could
proceed TO dispose OF the complication It's Judgment
decision being hraL asked his views concerning
the ineligible electors In Vermont and Oregon. Judge
Harrington thought q postmaster came within the
prescribed class and would be eigbls 10 act
elecor but hc gave IT as his opinion that by resign
ing after election, but before assuming the ducs Of
the Office Of eector no became eligible; In other words,
that the prohibition excrted not 10 tho peoples
privilege OF election, but 10 Tue person acting -
eIector whilo under the disability.
WHAT sCpGE ~ n WILLIAMS THINKS.
next net Indigo NJ Is. Xllllams. formerly OF WiA.