The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1876-11-30
From the Pittsburgh Dispatch.
The Congressional Count.

cOUlpIeS HuaculueIy VI 1sitctortl tOI-
leges, and the tnode In which the
votes of the electors of the different
States shall be counted In Congress on
the second Wednesday of February
next, II ia not because there has not
been q large amount of writing upon
the subject. We cannot open lead
ing exchange from any part of the
country without finding in it from
one to five or six columns on Electoral
Colleges and the counting Of the vote
in the presence of the two Houses of
Congress.
The Hon. Clarkson Y. Potter, of
New York, has seen fit to make q
large contribution to the electoral
literature of the times, and to tell the
people and Congress exactly what
must be done when the matter of
opening and counting the votes for
President and Vice President comes
before the Senate and House of Repre-
sentatives. In the long and labored
letter which Mr.. Potter has published
IN New York paper In regard to the
duty and province of Congress In
counting the electoral vote, there is
not anything new, or peculiarly strik-
ing. 1t contains O resume of the pro-
ceedings of Congress in such cases al
most from the commencement of the
government till the present time, and
it may be valuable to some az letter
of reference. But the document of the
New York lawyer derives Its chief i'm
. portance from the fact that it is sup
posed to have been dictated by Gov
ernor Tilden, and outlines the course
which will be pursued when the votes
for President and Vice Presi dent shall
come to be counted by Congress.
Some time since it was limited that
the House of Representatives would
not attend on the day appointed by
law for counting the vote, but Mr..
Potter speaks authoritatively upon
this subject, and seems either to have
complete control of the Democratic
members of that body or to have con-
suited each one as to what he would
do on the second Wednesday of Feb
ruary. "The House of Representa-
tives,' says he, twill not refuse to at
tend to 1.-The counting of the electoral
vote. 1t will permit the counting of
every vote which it may judge lawful
to be counted; and no vote can be law
f,,1l,, oo,n{oJ xritbo,,t Ire oo,, ourrop oo
or against its judgment and dircc-
tion." This is very strong assertion,
and plain declaration that the House
of Representatives, which has q large
Democratic majority, shall rule and
do as it sees fit in the matter of count
ing or rejecting the vote ola state.
If the vote shall be counted according
to the direction of the Democrats of
the House, then the person who shall
have a majority of the electors ap.
pointed by the several States shall be
President, and the Democratic party,
rs such, shall recognize him as the
Chief Magistrate of the nation. This
is II plain declaration that the votes
must be counted as the Democrats shall
direct, else they will not recognize the
person as President Of the United
States who may have majority Of the
votes of the electors appointed and
duly certified by the proper authori-
ties of the respective States. If the
language of Mr.. Potter means any,
thing it means this, nothing more,
nothing less. That we may not do
him any injustice we quote his exact
words: "Whomever, by the vote so
counted, shall appear to have the ma
jority of all the electors appointed will
be President, and will be accepted by
the Democratic party as such; and
whomever, if no President be SO
chosen, the popular branch of the
government shall then, in due form,
choose to be President, will be so ac-
cepted by them; and it will be those
who may see fit toresist the executive,
thus lawfully elected, who will be de-
flying the law"
The constitution of the United
States says: ''the President of the Sen
ate shall, in the presence ofthe Senate
and House of Representatives, open
all the certificates and the votes shall
then be counted" no matter whether
Republicans or Democrats may object.
The language of the constitution is
mandatory, and confers no discretion
ary power in the matter of counting
the vote upon any person; all the
certificates must be opened by the
President of the Senate and be by
him counted, or, else by whomesoever
he may appoint. But Mr.. Potter as
sumeS that votes which the Democrats
may consider fraudulent and object to
shall not be counted, boldly declares
that the House of Representatives
shall decide the whole matter, as it
alone has judicial power in the case.
Now very good Democratic authority
asserts that the counting of the vote
for President in the presence of the
Senate and House of Representatives
is purely ministerial and not a judi
eial act
We suppose that no person will call
in question the soundness of the New
York Saa's Democracy, and it evil
IDENTIFY does not agree with the views