The New York herald., 1876-12-04

VIII be entertained by the best pariamen,arlans Of
rhc coantry and that they cannot be avoided OF
gainsad by mere political psr,isans
DAVID DUDLEY FIELDS VIEWS.
HE BELIEVES TILDES TO re ELEcrED--TnE
WELFARE OF THE COUNTRY or GREATER IN
PoITANcE THAN PARTY INTERESTS
A HERALD reporter visited Mr.. David Dudley Field,
his residence Tor the purpose Of obtaining his
on tho existing political crisis The following
saton ensued.-
"WilI you answer a few questions about the law Of
tho present political complications"
ayes, WILL The practice OF Intervening now in
vogue is getting to be almost nuisance 10 the inter-
viewer the interviewed and to the public who have to
read what is reported TO be SAIL But the present
agitation is great and the much depends
upon what the people think, every appears to me
TO be bound to contribute what he can-be 1t ever 50
little--to the sum OF public opniou'
''What do you tnuk OF tho made OF the federal
troops in South Carolinas"
II think 1t was a simple outrage without decent
prcext; outrage which. later, will bring
severe punishment upon it's authors, and which must
be punished. II we would preserve our liberty"
sWha. do you think is the duty OF the citizen the
present crislss"
ITO keep cool himself urge others to keep cool,
to get all the he can, express his conc!u
siops frankly, without any regard TO the ocehoders
the oiceseekers, or to party ney are OF small value;
the country is OF incaiculabe valuc.n
s.Whatis your own positiong"
II voted Tor the Hayes electors, hut 1t appears
me probable that Tldcn electors .suiiccn: number
to elect been chosen. This the CONCLUSION
which from tho Information given in the news
papers and the conduct Of parlisans both sides.
have besides. private information which satisfies me
that Louisiana at least great number OF colored
voted for Tilden. They appear to have reasoned
this way That they have been promised good time;
that It mad come, and they wanted change. My
own view OF the general result being what have
stated, cannot do otherwise than hope that unless
different OF facts be hereafter shown Mr. Tilden
Will declared elected and put in possession of the
ofncc."
sHow can this be brought abouts'
.'You Know the provisions OF the constitution and
statutes on the subject The constitution declares
that each State Is to appoint electors such
The Legislature thereof may direct; that these
electors vote by ballot, make lists o the persons
voted ior, sign and certify them and transmit them
scaled the President OF the Senate oi the Unitod
States; that tho President ot tue Senate the pres
the House oil Representatives, 10 open all
certificates, anu the votes are then 10 be counted Tue
language Of the constitution rer6afin, is. And the
votes shall then be counted The constitution further
that the having the greatest number Of
votes shall be tue President II such number be
jority OF tho whole number Of electors appointed,
and that # no person have such ma
joriiy then from the persons having tho
hignest number not exceeding three the House
choose ncciatcly by ballot the President The
iurthcr provides that Congress shall have
power 10 make all laws proper Tor carrying into cxecu
ton all powers vested IN the government Of the Uncd
States, or IN any department or officer thereof So
much Tor the constitution. Now, the act oi Congress
declares hat the ceclors shall meet and voe on the
nrsi Wednesday o. December: that the Executive of
State shall three lists OF the OF the
electors 10 be made certified and delivered to the
electors Of that State; then tha, these electors are
10 make and sign three certificates 0! the votes
gwen by Them, ana annex TO each certificate
Executive. rhcn tho electors sea-
the certificates and certify thereon that the lists OF all
The votes oi tbe state gwen for President Contained
therein; then they To send QUO copy by special
messenger The President OF the Senate. another copy
10 him by mail. and deposit the third copy with the
District Judge OF the United States Their district
The statute further provdcs that Congress shall be in
session ON tho second ednesday IN February anu
there, The words oi the statute, tine certificates or
many OF them as have been received, shall then be
opened the votes counted ana the persons 10 dl the
Offices OF President and Wee President ascertained and
declared, sgreeably 10 the constitution
at results these different provisions OF tho
silt uton and the statutes-First, that Congress has
umed The right To declare BY law The OF
ecuting the provisions oi the constitution where It's
terms are not explicit; second that No persons be
electors but those appointed IN conformity with the
laws OF the State; thrd that these electors cannot
until they have received from the Governor OF the
State certified list of their names, which hst IS
their warrant Tor actiug fourth that the votes OF the
electors ccrthed by themselves, together with the
Governors certified list oil electors are sent To the
President Of the Senate in sealed cnvcopcs hh, that
the seals oi these envelopes to be broken by the
President oil the Senate on the second Wednesday oi
February In the presence OF the and SIXTH
that the person having the greatest humber Of tho
shall be President II that number Is majority
Of the whole number OF electors appointed So far all
Is clear,
slow, them Is a dispute to ariscf'
"ln various ways; here is likely TO occur
South Carolina has two rival Governors, Hampton and
Chamberlain. Each, We will suppose. ccrtiies
rate INST 'o electors who scnd up Two ccrtincates oi
votes The President OF the senate sealed
envelopes each appearing TO be IN due form. May hc
suppress one and bring in tho other, must bc bring
In BOTH OIL the second Wednesday OF February when
the two houses mcetY Now, tho notion that he may
throw OF them INTO the ire ana bring the other
appears 10 unreasonable, dangerous and contrary
TO the whole Practice Of the government Without
gong any iurthcr into the reason for this opinion |
have doubt that hc must bring both envelopes be-
lore the two houses"
'sWhat then, must he doy"
'.When the two houses arc together and he has IN
hts hands the two scaled envelopes from south Caro-
done bcforehat Is, throw aside one of the envelopes
and open the olhcr He must open both so that both
houses can see what he has opened. What hen Is TO
happens Both ccrtidcalcs With the lists attached,
regular in form, tbere bong this difference be-
tween them that one s certified ny one Governor and
the other by his rival
"who is to decide which sLall be counted?"
s'fhe two houses OF Congress- as l think. The
President of the Senate must act In respect to tho
counting OF one or the other as directed by the two
houses They must decide which Is the right list, and
to do that must tn the first instance decide which OF
the two certifying officers Is the Governor OF South
Carolina, dc Jare or de tacto.
'ln doing so what must bc their mode OF proceed
ngY''
~ should say, first. II there DO = doubt about
the mode OF proceeding, Congress should remove that
docbt before the second "Wednesday OF February by
passing a law a Joint resolution or adopting joint
rule. This they have the power do, and they 40
tho power II will be because tho partsans
both sides, IN the strife Tor the Offices. stronger
than the people. who do not possess tho Offices Or