Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1876-12-01
OUR WASHINGTON LETTER.

Eds. Iet:--Clarks9a Potter's scheme of
having the House of Representatives de
clare that there has been no election of
President by the people, and thereupon
proceed Immediately to elect Mr.. Tilden as
President, is in itself in the highest degree
revolutionary, and would come to grief as
soon as tried. Without any reference as
to who is President de jure, the Senate has
the sole right to decide who is President
de fdctO, and in fact no man can be Presi-
dent de faetO unless he is recognized as
such by the Senate.
The Constitution makes it the duty of
The President of the Senate to open the
electoral votes from all the States in the
presence Of the two Houses Of Congress.
and declares that the votes shall be count
ed and that the person who shall receive
the majority of all the votes shall be Presi-
ldent. Happily our government is so con-
structed that absoaHte'power rests nowhere.
Let me illustrated by few supposible cases:
Suppose the President of the Senate in di-
rect vlolatio&Of his obligations should not
declare the, person having the majority of
the electoral votes President, the House of
representatives could bring articles of i'm
peachment against him and it would be the
duty OF the Senate to recognize as Presi-
dent the person who did receive the major
ty OF electoral votes, though the President
OIL the Senate had refused to declare said
person elected, and it would be the duty of
SAID person to assume the functions of
President and to punish for treason any
other person who should attempt to exer-
else the functions of President; so it will be
seen that the power of the President of the
Senate is not absolute. Take the case that
Potter proposes, 4. e., that the House of
Representatives in the face of declaration
of the President of the Senate, that a Civ
en- person had received a majority of tha
electoral votes, should declare that there
had been no election by the people, and
thereupon proceed to elect President. In
such case the Senate would recognize the I
person who received the majority Of electo- |
raj votes, and the person elected by the |
House would be usurper. Now, take |
another case-suppose the Senate were to |
attempt to exercise absolute power, and re- |
fusing to recognize as President the person
who received the majority of the electoral
vote, should set up President of their own
and confirm his appointments. It Would
in that case, be the duty of the person WIZ
had received the majority of the electoral
votes to take the oath prescribed Ioy tba
Constitution and enter upon the DISCHARGE
OF his duties. The cabinet and other GA
GERS OF the general government would hold
over and exercisetheir functions until their
successors were lawfully appointed and
confirmed. The President set up bv the
Senate, together with his cabinet and ali
officers under him, would be treated as pre-
tenders and dealt with as traitors or pun
lshed as criminals, whenever they did anv-
thing that any citizen might not lawfully
do. To make long story short, and to
bring it within the comprehension of everQ
man, the man who receives the majority oF
electoral votes, becomes by virtue of srob
majority, President of the United Stat es
1t Is not even necessary that he shonld
be formally inaugurated. He may take fba
oath prescribed by the Constitution before
any magistrate authorized to administar
the oath, and may enterupon the discbero1. 4
of his duties, and exercise The functions 20
his office, anywhere, If Gov. HAYES " vi
Gov. Tilden should receive a majority ~ |
one IN the Electoral College as made un INV |
the legally constituted authorities of az |
States, and should he be sicI i,
bed at home when the 4th of March ar
ives a1country justice of the peace q mid
iii Sin, ms ms, room and administer the oat h to
MA, and he could then and there imr nedi-
.tely enter upon the performance of exec
ltlve duties; and in all cases where th are is
more than one person claiming to be Pres.
dent of the United States, it is the dl ltv of
aeh and every civil and military off rer of
he government to decide for hilnsal f. and
t his peril which one is by the Coz 1stitn-
ion vested with the executive power.
A BUCK :YE.
Washington, D. c., Nov. 2G. 1876