Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1876-11-28
From The New York Herald, Sunday l.tb.l
BU fLEB ON THE CRISIS.
what He Thinks of Louisiana-
Tie DUTY Ot the President
of the Senate.

. r'.N 80 NA''i ' = ~ Nllt AffItfItl called
nm at ms rooms, ut the Fifth Avenu
hutel, ana found him engaged in read
ing the morning journals, when IN
lolo"lug conversation took place
Reporter General, are you eofn
further South than Washington
Ncuerel Butler: Do you mean fl
Louisiana, Florida, or South Carroll
ma? II you do J am not. ] have ius
been reading letter signed by som
very much respected friends Of mine
senator sherman, Mr.. Garfield. Mr.
Kelly, Mr., StOughton, ami Others
which cOnvinces me that ought no
TO 90 there If | had any doubt about i
before. They make it entirely cerfai,
that the returning board of Louisiau,
have certain judicial functions 10 ppr.
form in canvassiug the returns aut
adiudicating whether there has beer
fraud, intimidation, or violence uset
TO prevent u fair election in anV of the
Parishes after hearing evidence upol
. these subjects. And then they say
Had q corresponding board in the
State Of New York in 1865 been au
thoIIzed to pass upon the fraudulent
| return of voters Of the city of Ne,
! ork that year, and delegation OIL
. citizens OF Louisiana, however respec-
table, attempted to influence it's iudl.
clal action upon the facts presented tC
! 1t under the laws of that State, such
/ attempt would have been universally
! condemned" | agree with them in
! this. 1t is conclusive. The quest on
returns, then, what are these gcntle-
! men in Louisiana for? \ delegation
Of citizens Of other States. however
| respectable why do they not allow
| Louisiana to manage her own affairs ?
| thought | was right when | tele-
graphed that | would not 20. | now
know | was. But this is 10y no means
the most curious part of their letter
They proceed to say as follows: "If
the duties OF the canvassing board Of
LOui siana Were merely ministerial or
clerical, as in the the case Of any off
Ger charged by the law with the duty
OF verifying and declaring theresult ur
any election or investigation with no
discretion, IS when the President of
the Senate counts and declares the
votes of the electors of the several
states in the election of President and
Vice President under the Constitution
Of the United States, different case
would be presented" Admitting for
the moment their assumption that the
President of the Senate is to cuumtU
the electoral votes in the presence Of
the two houses, they make the very
significant admission that he is
ministerial or Il clerical officer OnIyN;
that is, that he has no other power
than simply count the votes that are
certified to him, without any pow wer to
adiudiCate whether the certificates are
genuine or forged, or whether the
votes have been properly cast so that
If the President knew that an elCclOr
had voted for given man for Presi-
dent for "a bribe paid in hand of many
thousand dollars he would have no
right or duty but to count" his
vote. Taking their assumption also, !
and considering that the Republicans
have the President of the Senate this |
is "a most remarkable giving up Of
power in the President of the Senate, |
and an Invitation as it seems to me |
to anybody to get electoral votes before |
him of any sort, and they will be |
available and counted. | by no means |
agree that the President of tho Senate !
has the counting of the votes. The |
words of the Constitution are "They !
(the ceriiicates) shall be opened by !
the President of the Senate in the |
presence of both houses, and the votes
shall then be counted" II the Con-
-tiution meant that the President of
the Senate should count the votes,
why, iJ was very easy to say, "iIe shall
open the certificates and count the
votes in the presence OF both houses" "
The uniform practice of the Govern
ment has been since its formation that
.he votes should be counted by the
.Cllers appointed by both houses, act
ing, Of course, as the eyes and ears of
he two house. under their inspection;
aud thus we have CUntcmpOrRueUus
construction of this clause of the Con-
by the trainers, and cOutiuu-
lnCe Of aCquiescenco ever since by all
parties. There is but one dictum
against this that | know of, and that
: 10y Chancellor Kent, who, when
speaking OF the danger and possible
rouble that might arise under the
provision, says, "Hhe
votes are to he counted by the Presi-
lent of the Senate, | presume.n but
,nters into no reasoning upon the
question, and evidently had not given
{ a thought. or course, acting under
he constitutional provision, if the
President of the Senate has a right to
count the votes at all it must be pre-
'ugRtiVe or power given him by the
.OuSllluliOlls htltlOIb IL Is no all |
Yer to the continuous usage i'm count
ng the votes 10y both to say that that
vas done under joint rule, because,
t the President of the Senate has the
,Ower by the Constitution, no joint
ule OF tho two houses ought or could
Ieprive him of it. In fact, the jOiat
uie OF the TWO houses was only de-
iaratiuu OF convenient mode by
hose bodies OF doing the counting Of
he electoral votes, which they as
umed the prerogatlve to do.
Reporter DO you think, then, that
he two houses must agree on the votes
cfore they can bo counted?
Gen. Butler; II any instrument
lys that 4 and b are 10 do thing I
n example, 10 make an award or en-
r a judgment-can a do it without
!, or B do il without A? If both =
ouses are to count by the COnstitu-
ON. can one count without the other?
f SO, which ? If our Republican
lends i'm Louisiana, in their letter a
ad claimed the right in the President 4
7 the Senate to adjudicate as To the {
rupricty or rightfulness OF the cleo $
,rll vote when they made the claim v
lat he was 10 count them, | should 4
ave thought 10 very significant but {
they have insisted that he Is mere $
a machine or clerk TO register what
ay be- seuJ him, ! do not think the
amncratic party viii be likely to be {
uch moved 10y their manifesto, a