New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-13
rHR PREs1pEIr or TIE sIIAIE.

rHs rREspEIr oRl1R sIyAEE.
II 8 our kibit 70 dev0te editorial spass
rather. to strengthen our friends than to
defame our opponents.
In reconnoiteripg the ground upon
which the Presidential battle must inev.
itabl1 bS delivered, We have sstished our
+salvssy both -ften- the logic .efs eireunar
.slances and tin conflicting and futile
Recommendations Of our opponents, that
the true key and solution to the political
campaign 4@i!l - found u tie SsnatS:
The President Of that body will deter
mine. both sppn Tho basis ef yeasop apl
precedent: l. What are the ''votes" upon
the electoral roll 2. By counting these
votes, either by personal O. clerical ser-
vice, as he may decide, and promulgating
the resuit in the presence Of both houses
| Of Congress.
It il because of the ultimate, i'm
portance Of occupying this position ve
have passed by occasions Of outpost
skirmishss, and concentrated out space
and labor upon ground where both viii
soon be needed.
1t is natural that the founders Of this
| republic, who were 80 jealous Of the
one-man power, should have thrown
strong guards around the executive
choice Of the people. tits obvious that
in providing for the declaration Of this re-
| suit the question should have been taken
from the p1Rtisans hot from the peesi-
dental combat, and committed to the
umpirsge Of the States sitting in con-
clave.
A body 50 permanent and 80 deliberate
as the American Senate has vindicated
the wisdom Of this reference It has
been aware and awake to the possibilities
of pervezting to partisan advantage the
honest intent Of the constitutions. s4ee -s.
That able and impartial body has, there
fore. during the past two ysars, BEEN con-
tinuously engaged In devising some mode
by which The viii Of the nation shall BE-
made manifest beyond the possibility Of
smistake Or misrepresentation. = +1'u - -
. A bill vas, therefore, prepared which
proposed TO refer to the tho hopssa il,
separate session any disputed votes, and
count only Sush disputed votes - saeh
house acting Tseparasely should decide TO-
be valid 'vsrious amendments to this
mode Of action wers offered and srgued.
The failure Of the bill in the House of
Representatives left the mode Of decision
precisely where It was. We must premise
that tho ground taken BY Senators in these
discussions vss by no means according To-
party lines. Democrats and RepublicAns
were intsrmixed upon the current and
final votes, and each party did justice to
the calnnsss and sbility with which the
debate was conducted on both sidee. 'ae
The perusal Of tho debate has served
to confirm our opinion, d 70 what the
present mode Of determining the electoral
vote really is, by excluding, upon the
decision Of the Senate, what it certainly |
1t has been decided in the debate and |
votes: AZ. 20 s-. E, Is .n,.... -.a.-t.'4
l. That neither the Senate nor the |
House are empowered under the, consti-
tuition to decide any question Of con-
tested returns. This decision is proven |
by the defeated endeavor Of the Senate
to enact that mode Of decision. 1t more
over appears that the province and
powers of each house are defined Ut
great length, among these, powers it is
'aid: each house shall be the judge Of
he election. returns and qualiAca-
ions Of is own members" q It is
aowhere said that they shall ex-
srcise similar powers over the /
AectioD, qualifications and returns Of tie
Executive oface. Bndef certain circum-
the House Of Representatives
lifting ~ the college and representatives
4 the States, may cast the. vote Of each |
tate to decide the executive election.
'ut nowhere is there any power grsuted
0 detsrmine that election, by deciding L.
rho may be the electors qualified to vote
: Certainly the 'strict construcliopist,
The can not allow any act to be done upon !
constitutional authority unless the letter
authority is found in the text Of the |
constitution, can not pretend that ono OF 4
9th houses Of Congress can improvise
nd interpolate upon the constitution
overs SO momentous and susceptible Of 7
ouse. Ii
2. That the Supreme Court of the /
nited States has no original jurisdiction )
'er the electoral returns. It vas con-
nded that this power could be given BY 4
gislation, but as Congress declined toll
infer the power the inference that it
'es not exist is proper from the rejection q
this proposal / s... ft., .-..1 .ssa j.. "a !
The fact then recurs that the Presi- 1 :
mt Of the Senate is the only medium Q
which the viii of tho peopls az ez. e
essed through the, electoral. appoint &
ent Of the States may be made known. 9
he question then remains open: Whist &
the power of the President of the SEMI q
Q in preparing the roll of the electoral
ties, counting TIE rest.t d; this ron and =
omnlgatiag the result Of tho presidential j
sction?f r-hsr bsis4gsas a.39 saH sGci =