The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-12-17
THE ELECTORAL VOTE.
OPINION OF r. N. T. HUNTER, OF vIR-
GINA,
The Enstment Statesman Holds tho
8bghs Of Congress 90 20 behind
the Returns tn he stcar ana
Andfsputabie.
10 tn. Editor of the New York Herald.

Five or six days ago | received a letter
from your correspondent asking my
opinion as to the duties of the two houses
of congress In counting the electoral
votes for president. was much engaged
at the time, and having been long out OF
the political world | thought 1t best to
leave it to others more actively
engaged in politics to dis
cuss these questions, and not to withdraw
my attention from other matters which
engage me just now. But the question
is becoming so important and porten-
tious that it has occurred 10 me this
morning that no good citizen should
withhold his opinion on this subject il
asked. If 'the beginning of the end
has not already occurred in the outrage
on popular rights which has been re-
Gently committed by the president and
other officials in three of the weaker
states, II is time that the lovers OF popu-
lar sovereignty and our old form of gov
eminent were uniting TO interpose for
the defence of the Union and the right
OF the people TO govern themselves and
elect their own president. How this can
be preserved without the right of con-
gress to 60 behind the returns of presi-
Dental electors and ascertin the number
of votes. and how cast in the recent elec-
ton, do not well see. If it be the duty
of congress to "count'' the votes given
for president, they certainly must have
the power to ascertain those
whom they are to count; and
how are they to do this unless
they have the power to 60 behind the re-
turns? 1t is the exclusive interest of the
state to know if the voters were qualified,
but the whole people Of the United
States are interested to know how many
votes were cast and to what persons
given. for there are facts which touch the
question of the election of the president,
who is the officer OF all. Who so fit to
examine into those questions, if doubtful,
as the congress who are the united repre-.
sentatives of the whole people? How
else are the people to be made certain as
TO the man truly elected TO that most i'm
portant of all these offices!
A POWER If NOT GIVEN IN TERMS TO BE
IMPLIED.
If there be no mode of reaching these
results unless there be power in congress
to go behind the returns the interference
is not only fair but necessary that such n
power is to be implied. To make this
Implication equal to the exigency it is
equisite; but TO vest this power in con-
gress, which represents the whole people
in times OF deep popular excitement, or
of utter corruption in state, a strong
temptation TO return this vote falsely
might exist IN particular state, when, as
at present, a single electoral vote might
ohn.>ssr- tho character ar rho p.eHiacnt
and OF executive policy. Times may be
apprehended when there might be dan
ger of state yielding to such tempa-
ton if the opportunity were given it with
power in the congress to detect and pre-
vent it. If the power does not exist now
in congress there is none TO prevent or
check such an abuse if the state were to
connive at it. TO learn the question OF
time in this matter under the supreme
control OF the representatives OF the
whole people, the constitutions provides
that congress may determine the time
OF choosing the electors and the day of
giving their votes, which day shall be the
same throughout the United States
fourth section, second artlcle).
a WIDE SCOPE CT coNGREssIoNAL row.
Frs. ..
But that congress may pass such laws
as shall enable it to count the vote OF the
presidential electors is plain from the
provision that it may make all laws
which are necessary and proper for car
rying into execution the foregoing pow
ers and all other powers vested by the
constitution in the government of the
United States, or in any department
or office thereof 1t, may not
only pass all laws necessary or
proper TO execute the granted
powers. but pass such as may be
necessary to discharge granted duty or
necessarily supplementary to execute a
junction where the grant is not of itself
complete in terms. Under this power
congress may make the laws which are
necessary to enable it "to count the
vote" AS all the states are interested in
counting truly the vote for president. so
that duty and the means necessary TO dis
charge II ought TO be confided to the con-
gress of the whole. The place of least
ing' the vote for the state, and perhaps
1.-THE manner" of doing il, most pecu-
liarly concerns the state itself, 10 whom
perhaps, it would be proper 10 conflde
those duties, but TO ascertain who are
legally chosen as electors is the peculiar
duty Of congress, which cannot be execu-
ted unless il has
THE RIGHT TO GO BEHIND THE RECORDS.
hold, therefore, that it is not only
their right but their duty, il IL be neces-
sary to do so; If that be necessary TO ena-
bic them TO know VINO are en-
titled TO cast the votes for
president. The higest OF all rights
which legislature possesses is to pro-
vide against anarchy, il, without such
action, it would ensue. Could anything
be more likely TO lead to this than con-
tested presidential election without the
-