The New York herald., 1876-11-23
MIR. Potter. Dangerous Theories.

they are without weakening or di-
luting them in the restatement. We
felt it the more incumbent on us to practise
this fairness, because we dissent in toto from
his views and wished our readers to see that
we fully appreciate the ingenuity of the
reasoning which we repudiate. We are con-
strained to say that we think it specous
but not solid, and that, while recognizing its
lawyer-like subtlety, We regard it as def
cient in that breadth of view and Saving
common sense" which distinguish states
man from lawyer.
1t will never do, in discussing questions
of SO much gravity, to disregard the practical
consequences of our reasoning and OF the
recommendations to which it leads Sup
pose, then, the Senate and House assembled
to watch the counting OF the electoral
votes. When the State of Tennessee is
reached a member of the House objects
to the counting of those votes. The two
houses separate to debate and determine the
question, each for itself, and they reach
opposite conclusions. Mr.. Potter himself
admits that the House has no more
right to decide for the Senate than
the Senate has to decide for the
House. One resolves to count and the
other to exclude the Louisiana votes. Does
Mr.. Potter expect or can anybody expect,
that the Senate would yield it's deliberate
opinion to menace by the House that it
will declare that there has been no choice
by the people, and that it will proceed
to elect President? Nobody can
be SO weak judge Of human
nature as to think anything of the kind.
The election turning on the votes Of that
one State the Senate would recognize Mr..
Hayes as President and the House would
recognize Mr.. Tilden. The Senate
would confirm the nominations Of
President Hayes and take no notice
OF those sent in by President Tilden. II
things pass into this condition we shall
have either a civil war or a series of arrests
and trials for treason-more probably the
latter. The existing appropriations will
hold out until the 1st of July, and
Mr.. Tilden, being unable meanwhile to ap-
point or commission any officer, would have
no means of action, while Mr.. Hayes would
be in possession of the whole official ma
chinery, with the strongest motives to crush
out opposition by energetic measures while
the appropriations might last. Is this de-
sirable state of things, even for Mr.. Tilden
himself? Is it desirable for the coun-
try? Whether desirable or not it is
inevitable if the Senate shall recognize one
man as President and the House shall recog-
nize another. All the means of administra-
ton being in the hands of the President
acknowledged by the Senate he will
have every advantage against o Presi-
dent who cannot appoint a single
officer and whom no officer will
obey. If President Tilden calls an ex-
ira session of Congress the Senate will pay
no regard to it, and the House alone can
perform no act of legislation. He would,
therefore, be powerless every way,
while his rival would hold the reins
and control the government-at least
so long as the appropriations lasted;
and as to appropriation bills, the Senate has
the same power to prevent their passage rs
the House. We are confident that all right
thinking citizens deprecate such a situation
as is inevitable if the House assumes to
elect President in defiance OF tho
Senate We appeal from Mr.. Potter rs an
astute reasoner on constitutional technicali-
ties to the sound sense of Mr.. Potter as
citizen and his wisdom and foresight as q
statesman. We are sure that on cool refec-
ton he will perceive that nothing could be
more mischevous than the course of proce-
dure which he has marked out in his very able
and ingenious letter. He is too well versed
in the ways of men to believe for moment
that the Senate would not resist such
scheme as his to the utmost He under
stands too we'll the mechanism Of our gov
ernment to have any expectation that Mr..
Tilden could administer it against Senate
which repudiated his title.
There is another mischievous practical
consequence of Mr.. Potter's doctrines
which, though not so immediate, is sufficient
of itself to condemn his theory. We have
only to suppose President in Office running
for a second term, and having majority in
the House, to comprehend the full danger Of
such constitutional doctrines as are advocated
with so much lawyer-like cleverness by Mr.
Potter. A President who is o candidate for
reelection with devoted majority in the
House OF Representatives could infallibly
secure another election if Mr.. Potters logic
is sound. The consequence is the same if we
substitute a third term for second. Had
it so happened that President Grant had
been candidate a third time, and had it
also happened that his majority in the
House was as strong as that of the demo-
cratic party now, nothing but Mr.. Potters
theory of the constitution would have been
needed to insure his third election in
spite of the people, and as many re-
elections as his ambition could crave,
lo ,i4rbf hav a xaff fbo