South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1876-12-01

Of power In one house 10 aione receive
or count electoral votes against the 9th
err o. else e must result ftom the viii.
| tnouess OF each house, although pos
ssssing the right to count the electoral
votes alone. % voluntarily abnexats
that most important function and 20 4.
gree In advance 10 concur without hesi-
tating In any Objection The other house
might arise-an alternative 60 utterly
opposed to the rights and duty or log
isiative body and OF the oaths Of it,
members ~ TO be inadmlpeible.
II, then. neither house hes constitu-
tional power to receive aud count tho G.
lectoral votes against the objection OF
the other, 1t can b. OF no Importance 70
that question whether the joint rule bo
now repealed or not.
So. too. the fact tta1E3hen objection
has been raised TO any Vote from either
house, tho houses hayA q dnss ssparat-
ed to pass, each by and Tor itselr upon
the objection, shows their opinion OF
the necessity OF concurrence or boti,
houses in receiving and counting clecto-
raj votes; and that, without such con.
currence. neither house OF itself, nor
the joint convention. was competent to
receive and count tho vote objected to.
IT, as has boon thought by some. the
joint convention could act as distinct
body and decide upon the votes to DO
counted. then i'm February next tho re.
suit will depend on the action or tho
democrats. rs their majority in the pres
ent House much exceeds the republican
majority In the Senate.
But how can n vote, to be received
and counted by tHo. be counted unless
they agree? To be sure, wo could A..
always take the lowest count. But, to
that extent, they do agree beyond that.
and so far as they do not agree, there
can be no count.
And SO it must result either that cleo.
toral votes cannot be received or count.
ed without the assent Of both houses OF
Congress; or that tho Vice. Pre- sidcnt
can count President in, arbitrarily,
and In defiance OF Congress or else
that either house can alone direct that
votes shall be received. which, i'm the
case OF n double vote, might necessitatc
the absur1ity Of counting both returns,
| and the vote OF the State both WAYS.
submit that alternatives so absurd
leave us with no other conclusion than
that electoral votes can be received and
counted only with the concurrence or
permission OF both houses OF Congress.
Undoubtedly the duty Of receiving
and counting tho electoral vote Is high
constitutional duty, which the members
OF Congress must exercise upon their
conscisnces and oaths OF office; but OF
that duty they arc the judges. and for
its discharge the constitution has not
made them responsible 10 any power OH
earth.
HOW 4 FRAUDULENT RETURNING BOARD
MAY BE DwELT WITH.
Assuming then that the returning
board Of Louisiana will reverse the pop
ular verdict OF that State, will il be con-
elusive upon the houses OF Congress, or
is there any fact beyond the face Of the
returns or which the houses can take
notice? For instance, it is certainly
known that Massachusetts, has chosen
Hayes electors. They will presently
meet and vote for Hayes. Suppose that
by some fit OF insanity or the peryersion
OF memory the clerk who is to enpross
the certificates should write .Tiiden"
instead of"Hayes," and that this should
be overlooked while the certificates were
signed and tiiopened before Congress.
would the houses be concluded by that
mistake, or might they take notice OF
the historical fact, and at least reject
the votes for Tilden if they could not
count them for Hayes?
At any rate the houses have done
similar things. In 1857 they took no.
ticc that the meeting ofeiectors of Wis
consin had been prevented by storm ON
the day required by law and directed
the vote to be separately counted In
1872, on the objection OF Mr.. George
Hoar, that Mr.. Greeley was dead and
had died before the electoral college OF
Georgia met, land so was not person
within the meaning OF the constitution,
this being historic fact, OF which the
two houses may properly take notice."
the votes OF Georgia cast for Greeley
were rejected. At the same time the
Senate refused to receive or consider
an amendment declaring that the func-
ton Of TIE two houses was ministerial
merely, and Independent the question
OF the effect of the vote"
But whether the houses might proper.
ly take notice Of this arbitrary act Of
the returning board whether having
permitted the President to set up mil
itary government without authority Of
law in Louisiana, the federal Congress
are now powerless 10 go behind any false
return OF the electoral vote which that
government, though kept up now only
by military force, may make and ascer-
tain the true result Of the popular vote.
would not the Congress At least have
power TO take notice Of the public fact
that the vote returned by ths slIogR
electors was not the lawful vote OF the
State OF Louisiana, and so decline 70 re-
ceive anil count Il?
What occurred in 1873 may, IL tae re-
turning board arbitrarily revorses the
popular verdict in that State, occur A.
gain. After that election the Greeley