Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1876-11-14
, q tremendnna ncnntire

by a tremendous negative prCg-
ndH to say that, unless both hOus-
es consented the votes i'm q certificate
should not he counted. If II be said
that this rule has fallen, at least this
rule did cOuceuc the principle that
the two houses are not 90 be mere gsz-
ing spectators, pOwcross in action, but
that either could exclude certificate,
which is ne much rs making the Con-
s,itution read, "shall be counted by
both houses, or HrOUR ont By either
hOUsC.
Now, if the Constitution gives. by
ifs words, this power of exclusion to
either house, the gift and its existence
do not depend on the life Of joint
rule. The latter can neither give nor
| take away the power. 1t is by the
Constitution inherent in each house );
can be exercised at the will of each,
and the lower house can exclude q GER
! titicate from Louisiana. The PTesi-
dent Of the Senate, on that theory,
! breaks the seals, hands over the GER
! titicates to tellcrs of each house to
| count the votes and declare them to
| the president; and each house could
! then control its own agents, who are
| tho tellers.
! ihhb II Jlll5 Dt lbI tlttI dS W tbullN-
! ing, it is clear, as 10 presence" thst
HOJOdY can "opeu all the certificates, +"
| if one house be absent And, if either
/ house persiStently refuses to Ice pres
! Cnt, here can be no opening, or count
! lug, and no election in that manner.
| The Constitution does not fix the day
! for opening and counting. but the law
! of 1892 does, as 1.-THE second Wednes-
! day in February" and adds that the
certificates, or so many Of them a.
"bUve been received, shall then be
"opened, the votes counted, and the
persons to fill the offices : y y as
"Certuined and deciurCd, agreeably to
1.-The Constitution" A law may un-
doubleday repeal or modify the law Of
1892 as to the day of opening, count
ing and declaring, but this last must
he on or before the Attn of March, for
then Grants four years end. So the
House can, in that way, prevent the
counting of a certificate which it
thinks fraudulent
But if either house refuses to I've
present as the Constitution contem-
plates, how can the nation get a Pres
ideut? There will be no Nice-Presi-
dent. The twelfth amendment only
. empowers the House to elect in a par
ticular state of facts, which is when
no candidate has majority on the
counting, but, in the emergency WE
contemplate, there will have been ne
counting, Very clearly there would
be the vacancy in both Offices contem
plated. by the law Of 1872 lseCtious l4C
to 100 Of Revised Statutes wherein
the President of the Senate would &C
) as President till a new election is or
dered by Secretary Fish, and held
, And this election could not, under the
: present law (Of which Judge story
} doubted the constitutionality,) be hei,
! till within thirty-four days rreccdiaa
the first Wednesday of December, 1877
more than year from now.
= If the Senate has been permgnen
body since 1889 : if, like the King. i
never dies, aGd its President will be il
/ Office although the present Congress
dies, thea there sill be some one in
, being to catch the falling Office @
= President; but f otherwise, thel
= what? Is it Grant, the dictator as c
necessity?
Here, indeed, win be q portentiou
national peril, if Kellogg ana hi
agents in Louisiana thTart the will c
the voters in that State expressed las
Tuesday, by counting in. or otherwis
ascertaIning and declaring Hayes cleo
tors This peril the Hayes leaders ca
}, ward off from the nation and prevent
. The Governor of Louisiana is q creg
ton of GraaiiSm and the carpct-bag
q gers. He bears no such relation t
n LOui- ana as does Northern Govern
r. or, Democratic or Republican, to
- Northern state. A word from h
creators, ami justice re-euters in thu
State upon its glorious course. Wi
they give the word? If they do NJ
give the word, over them and their
what n tremendous responsibility in
ponds