Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-12-22
MANASSAS, Va, Dec. 20, 1876.

tNIeatsu Us Win Oue vi luc musL teIllule cIfil
wars that ever afflicted any people. Such
disasters can only be sVerted by wisdom, mod.
Grafton and justice. SANDER and insult only
aegra7ate and compIicate the matters 10 dis
pute. Facts, law and reason decide questions,
and not abuse ard brute force. Each party to |
the contest claims to have right on its side,
and there is no power or plan yet devised to
which the questions 10 controversy can be re-
ierred for az authoritative decision. Human
ity and the essential interests Of the whole
country demand that this veged and danger
Gus subject should be settled upon principles
of law, reason aod patriotism. Of course l re.
votes for President and the great frauds COM
mitted by the republican returning boards in
South Carolina, Florida and Louisiana, with
the view and hope of defeating Gov. Tilden's
election. The words Of the Constitution. in
reference to counting the electoral votes for
President, are these THE President OF the
Senate shall, 10 the presence Of tbs Senate and
House Of Representatives, open all the csrtli-
Gates, ard the votes shall then he counted
Upon this provision Of the Constitution,
Chancellor Kent, 10 his commentaries, makes
the following ambiguous and unsatisfactory
comments: The Constitution does GOT eZ.
pressIy declare by whom the votes are 10 be
counted and the result declared. ln the case
OF questionable votes, and q closely contested
election, this power may be all Important and
| presume, in the absence OF all legislative
provision 90 the subject. that the President OF
the Senate counts the votes add determines
the result, and that the two houses are present
only as spectators. to witness the fairness aud
accuracy OF the transactions, and to act only II
no choice be made By the electors. The House
of Representatives, in such a case, are 20 choose
Immediately the President"
The prescriptions Of a commentator on law
are worth DO more than those of an uoprotes-
sional Individual. He should state what the
law 10 a given case is, and give legal reasons
to support i. Opinions or Prescriptions,
without facts and legal principles to sustain
them, deserve no more consideration, 10 mat.
ters Of law, than those of private individual.
The prescriptions of a Judge are rather az evi.
deDce that be does Dot understand the case,
and IS DESTROYS Of making the worst appear
the better cause.
To suppose that the two houses OF Congress
are required TO be present a. the counting or
the Presidential vote, and must sit as mere
fgura-heads 10 give dignity to fraud, II 1t should
be attempted BY the President of the Senate
in counting the electoral vote, Is too manifest
" absurd to be entertained for 4 moment.
Such a notion is plainly contrary TO the pro
visions Of the Constitution, Law, reason, justice
AID sound policy. Bur, if the coubt and decl.
sion of the President of the Senate arc to Dc
| held as faaI, above review, and irreversi5le,
then the President of the Senate may defeat,
| with impunitv, the will and votes Of the peo.
pie, BY fraudulently forcing upon them a Pres
dent against their wishes, and thus plunge the
country into all the horrors Of civil war. The
language Of Chancellor Kent, that the tTo
houses are present TO witness the fairness or
the couot, and his presumption that 10 the a5-
sence Of anY Law co the subject, The President
Of the Senate has the legal right to count the
electoral vote and declare the result, only proves
that even great lawyers are not always wise.
1t certainly requires no reasoning to prove that
if the TWO houses are present to witness the
fairness aud accuracy of the Transaction it ls
clear that they have a legal right. and it is
their solemn duty to see that the count is fair.
ly made. 10 the absence of any law or Joint
rules Tor the two houses as to counting the
electoral vote. each house of Congress has the
right to objec to the counting OF the electoral
vote, votes or vote OF any State, and no votes
SO objected to, can be legally counted without
| nc CUUSSuI U DOluh OuSCo, ALA ~ W
do so is revolutionary and reasonable. | doubt
not that the republicans themselves would see
aud acknowledge the legality as we'll as the
Justice OF this view oF the case, il they had a
majority 10 the present House Ct Representa-.
tiYes.
The frauds committed 10 South Carolina,
Florida, and Louisiana, by the republican re-
turning Boards, in order 10 cheat Gov. Il!den
GU. Of his election, will justify the House 10 re-
fu=ing to count the electoral vote ofthose States,
by which the election of the President will de-.
7olve on the House OF Representatives, On aud
after the second Wednesday 10 February, 1877.
Besides, the important fact that a number OF
persons have been appointed electors 90 the re.
publican ticket, and voted for as such, who are
Ineligible for that Office under the Constitution,
which declares that no person holding an OF.
fee of trust or profit under the United States,
shall be appointed an %elactor, defeats the cleo
ton of President by the people, AMI thus
| throws the election in the House.
The appointment of electors to take the place
of the ineligible appointees, after the election,
does not cure the error, unless there IS a special
law for that purpose. 1t is as much Impossible
to ill the place Of such illegal appointments al
ter the election, without a special Law Tor that
object, as it would bein case q naturallzed citizen
was nominated and elected President through
q i mistake, to appoint another person TO take
bis place after the election, when the error Was
discovered. These errors are fatal to the cleo.
tion by the people, and, that important cousti-
t~utional duty is DOW vested IN the present
House Of Representatives.
Whether the House will do its duty in this
grave matter, aud be sustained by the people,
| shall not attempt to discuss. My own opln-
| ion is that those who will not die, when DcceS.
sary, ia defence oil their liberty, essential rights
and honor, deserve to live as contemplate
slaves. 1t is to be hoped, however, that the
honest and patriotic portion Of the republican
| party will a~cquiesce 10 the election Of Governor
TiIden, and thus give a peaceab!e solution TO
The question. ROBERT 1ANSILi"
GEN. BUFFERS PROPOSITION. --Gen. B. +.
Butler, in a recent conversation concerning the
Presidential trouble, stated that he did not be
lieve it possible for any compromise of the ques.