Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1876-11-30

ana lE9L ne is SuUjeCL u tilo XII tOioh VI
Congress in the discharge of his duties
when the certificates are opened. Mr.
Potter goes into long AIT! de'ailea his
tory of what has been done on forncr
occasions, and cites authorities to show
Chat j. has been the uniform practice for
Congress to claim and exercise a con
trolling influence over the count. Among;
the many instances he votes the language
OF Wee President John Adams in &C.
claring the result in ICY, when he said:
Tn obedience to tho constitution and
law OF the United States and to the conf
nand OF both houses of Congress, ex1'
pressed in their resolutions, passed a1
the present session, deciare," Sc. Mre
Clay. in q speech mado or the question:
of counting tho votes of Missouri in lS2y
said: "The two houses were called upo
to examine the votes for President ar
Vice President. OF course theXr
called on to decide what are
These are specimens selected frc
Potter's long array Of precedel
authorities. They all bear in the sasfs.
direction. lie states as the result otAhi1
complete examination of the records that
never since the government was estab-
lished has any Vice-President assumed
to count an electoral vote except as the
two houses permitted, nor failed to with
hold or prevent returns, or to reject or
announce votes as the houses directed ~
After having established, to his own
satisfaction, by copious citation Of pre-
cedents, tho principle that the President
OF tho Senate is subject to the direction
of the two houses ii counting the clccto-
rel votes, Mr. Potter proceeds To argue
that disputed votes cannot constitutional
ly be counted without the concurrence
of both houses He regards this ai lhe
necessary logical consequence ri the
possession of this supcrintendinjs>poA
by. two separately orgapiaso odies.
From the nature OF the case Affirmative
action by two bodies is impossible OK,
cept when they agcee. Whenever the
action OF two bodies possessing equal
power is necessary to decision iifsr-
ence between them results in deadlock,
and no affirmative action is possible.
The guarantee against the abuse or THIS
mutual negative on each other possessed
by the Senate and the House consists,
according to MIR. Potter, i'll the character,
conscience and oaths of the individual
members of the two bodies and their
responsibility to their constituents and
to public opinion.
With this assumption of authority on
the part of either branch to prevent the
counting of votes tainted or charged with
fraud. il is easy 10 understand The deris-
io'. with which Mr.. Potter treats the sur
mise that the House may refuse tn Ie
present When tue certificates are opened.
Its duty TO be present is so clear and I'M
perative that it caunot be shirked, and
interest as we'll as duty, requires the
presence of the Representatives. The
democratic House will maintain that 1t
can exclude fraudulent votes, and the
democratic memb bers will not miss the
occasion to exercise the power 80 claimed
if they SHOULD find it necessary.
A still stronger motive is suggested by
GGr. Potter for the attendance OF the
House. a contingency may arise which
will require the Representatives to elect
the President, and it is maintained that
the House is the sole judge of that con-
ungcncy. Neither the constitution nor
tic t,ws make any provision for inform
irg TIC Representatives when case q
that kind has happened. There is no
officer Or body witch is required or au-
thor;zed tn notify them. The reason
why they require no notification is that
they are prcsc,tarf personally cognizani
.; aii that is done caring the count. Be
ing witnesses Of the facts they need no
o.her information. and Ar. Potter con-
tends that the House is tie sole judge
whether the exigoncy has arisen which
Inalies it their constitutional duty to
proceed to elect q Presidcnt ip consd-
qGc1ce OF the failure OF S7iIvS :.ntSss,i0e q t.,
!, receive legal majority 3of votcs{ in tho
sone.ar count. In suc5r a tailuF4 the
Hose Must immediately proceed "a
elect tine Prcsiiont, and, as the consdlu-
ton gives no other body the right to de.
eide whether such all emergency has
arisen, Mr.. Potter contends that the
House mast necessarily decide this
question for itself.
This summary Will enable readers to
see precisely what the democratic line OF
action will he il Louisiana is counted for
Hayes by the Returning Board III dis
honest defiance of the returns. The
democratic house will he present in full
force, and when the Louisiana certificates
are opened objections will hc made to
counting these votes. II the two houses
disagree, the Representatives will adhere
to their own decision. at the end of the
count they will decide that there has
been 70 choice by the Electoral College,
and proceed at onco to elect President.
This is undoubtedly the settled demo
cratic programme This is the mctho,!
of procedure the party chiefs have de-
liberately resolved to a6ort We COM
mend their boldness in placing it SO
early before Ike country and submitting
ii 20 the ordeal Of public discussion.
More than two months will intervene
before they will need to put it in force,
and in the meantime it will be the great
argumcntative battle ground or the two
political parties. But it is not probable
that there will be any change Of plan on
the part of Mr.. Tildens supporters if he
should be counted out by manifest fraud.
A Compendium of the Political Situ-
alton.
Notwithstanding tho instructions of
he Supreme Court to tho five Radical
partisaps, who constitute tho Board 81
State Canvassers in this State, to proceed
at once to issue certificates according To
the returns. to tho mombers OF the Leg
islature fr3m the various counties of the
State, and that a rule issue requiring tie