The New York herald., 1876-11-12
VIEWS OF WILLIAM u. LAWRENCE.

AAt6Aa~ou 40 aDouTu anu dangerous
PALACE HorEI, SAN FRANCISCO. Oct. 20. 1870
VIEWS OF WILLIAM d LAWRENCE
NEWPORT, r. l., Nov. IL, 1874
This evening your correspondent called upon Hon.
william Beach Lawrence, the eminent jurst and In
ternatonal lawyer at his residence at ochre Point at
this place. for the purpose OF ascerainug that gentle
mans views upon the all important question OF the
dayvix the counting OF the electoral vote in case
there a dispute about tho vote of any State. Mr.
Lawrence was found in his study surrounded
with thousand or more legal works
which form the greater part of his
extensive library, and with all the leading papers OF
the day before hin-the editorial page of the HERALD
engaging however his special attention. He said the
OF the HERALD during the campaign could not
but win tho approval OF the country large,
it deserved the thanks OF tho nation for its timely
editorial of yesterday Aer searching several Of his
legal AUTHORITIES with The aid Of his private secretary
be said:- .ts*tft*t'ftf.
Tho question which you present TO my considera-
tion Is most important one aud cannot be satsiac-
tortly answered without examination into the views
oil tho oi the constitution we'll as OF
such precedonts us have been Afforded on previous
occasions. 1t rs not little remarkable that gh
the provision in reference 10 the election OF President
declared by the authors OF the feerass TO be the
only article OF the instrument which met univerAl
commcndation II has signally failed IN all It's parts
VOTE OF 1900
The equal vote given In 1900 to Mr.. Jefferson and
Mr. Burr sod amendment which. defeated tho
intention OF having always President selected with
due reference 10 all tho functions OF that high Office
Two designated tor the highest ofcc either
OF whom might, as II were, almost by accident, have
the higher place while the ether IS ready to assume
the position In case OF death or otherwise and who
would naturally be selected IRON different sections OF
the Union, which we'll calculated TO satisfy Sec
10 ''clcctorsn It was supposed that should have
two high Presidential officers chosen by the wscst
men Of the country designated for that purpose and
from which members OF Congress and other public
functonaries were excluded This, II was believed,
would prevent--especally the electors might be
chosen by the State Legislatures which the origi
nal practcean popular excitement and It 10 said in
the work 10 which refer, the country would always
be sure OF having In the Executive chair the nrst
statesman OF the nation.
no PROVISION CONFLICTING RETURNS
It Is fundamental principle Of all Jurisprudence that
fuence OF the the In the purity
OF their ideal Electoral College and in the action OF the
State Legislatures In their selection Of electors that
while IL provided that each house OF Congress shall
be the Judge OF the elections, returns and qualinca
tions Of its members, provision
made TO settling the question when there may be
conflicting returns Tor the Presidential candidates
Story and Kent have alluded to this fact They saId
that IN tho original psn as vol az in the amendment,
which may arise TO the regularity authen
ITCHY the returns OF the electoral votes right
circumstances in which they ought TO be counted.
HOW THK VOTES ARE COUNTED
Tho provision OIL the constitution Is that the Pre9.
OF the Senate shall in the presence the senate
and House OF Representatives open oil the certificates
and tho vote shall then be counted, and, tho Lam
guage OF the amendment the person having great
est number votes President shall be President
II such number shall be majority Of all the electors
IL ~ m
nection with the Presidency, except the
one authorizing them (which has been done
ing the electors and the day on which they
shall give their votes which day shall be the same
throughout the United States IT there be any other
power II be under the general clause authoriz-
ing Congress make all laws to carry into execution
the powers vested in the government of the United
States In the earlier elections there egsla-
tion joint rules OF the two houses tn regulate the
counting declaring OF the votes II only in the
In 1921 the vote Of Mssouri was Questioned
but that did not Affect the result the
votes including thal State and SO many without It. LII
1874 tho electoral votes Of Louisiana, two sets OF eec-
tors having been appointed, were both thrown
out, and during the civil the States rebellion
we're excluded by law. In counting the votes at tho
last three elections there was q joint rule which
subjected the vote Of any State to the absolute veto OF
either house. That rule known the twenty second
the Senate refused to continue In force, and law
passed the Senate last which, however failed
to recevo the OF the House Of Representatives.
which provided that the electoral votes from
any State to the counting OF which objections have
been made shall be rejected except by tho affirmative
vote Of the Two houses 9.r4+.a84ss
WHAT THE HOUSE CAN DO
OF course II could not have been forcseen by the
would be imperfect to its end, and II seems that
Il the vote OF Louisiana OF which have NO reason
rom o snoua oe ,raIau
mcet at the beginning of next month, will have the
opportunity OF presenting the case in such
action of the Senate will lead 10 the adoption OF
rule act OF Congress, which they have already by
the twenty rule and by their proposed act de-
cared to be within their competence Or as an extreme
measure to which hopo no necessity to resort will
exist, know not why the House OF Representatives
in,nt
which case no Presidential announcement could be
made.
COMMENTARY RECONSTRUCTION.
The present condition OF affairs most extra
ordinary commentary the reconstruction principles
Of the present administration, and which place the
destnes OF 40 OF people at the will OF Kellogg
whom committee OF Congress agreed to recognize as
Governor Of Louisiana while they decided that he had
not a majority OF those emancpatcd negroes on
whom his election depended and that his competitor
McEncry, duly elected TO the office OF which he
deprived by the action OF United States Judge
under prctAnce Of the Enforcement act, decided by
the Sapreme Court II regards State elections be
unconstitutional sustained and supported BY tho mill.
tary force Of the government
MILITARY rsuRpATIoy.
Nor does II seem that military usurpation has
ablted any Of It's iorce | know not yet what may.
tremcy certain that nowhere in the constitution can
any authority be found either Tor sending troops to
South Carolina or for transferring them Louis.
ana and Florida Nor l deem Executive
usurpation to be atoned for by the spe
sous sTs a.ns0%a in which Itself II
Florida no Rhode Island democrat will fail TO rcmem-
ber what trust that no naturalizcd citizen whereso
resident, Will omit 10 notice, that IL tho white
citizens Of foreign birth enjoyed here the same rights
tho emancpated slaves Of tho South have secured 10
them by the fifteenth amendment, thero never could
have been any question Tilden's election There
IS another reason why therc should bo fraud nd
1nitted in the electoral votes.
THK KLKcToRAL COLLEGE FAILURE
In any event Mr. Tden has, tho popular VOTE
moro than quarter OF a million Of votes beyond those
given 10 his opponent and were Hayes declared to be
m uueur aft thn rttE
arrangements Of the Electoral Colleges whose object
has as We have remarked, most sirnalIy failed Nor
Is this the hrst time that the system has led to the
choice OF minority President Mr.. Lincoln had
600 votes less than the aggregate gwen for his
opponents.
Mr. Lawrence expressed himself quite freely In ref.