The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-14
X. MT. HUNTER.
Opinion OF the Eminent Virginia
Statesman-He Heids the Right of
Congress TO Go Behind the Returns
10 be Clear and Indisputable.

Il Congress in counting the electoral
vote for President. | was much engaged
at the time, and having been long out OF
the political world, thought it best 10
leave it 10 others more actively engaged IN
politics to discuss these questions, and
not to withdraw my attention from other
matters which engage re just now. But
the question is becoming so important
and portentous that il has occurred TO
me this morning that no good citizen
should withhold his opinion on this SUBJ
iect If asked. If ''the beginning Of the
end' has not already occurred in the out
rage on popular rights which has been
recently committed by the President
and other officials in three OF the weaker
States, it - time that the lovers OF popn-
lar sovereignty and our old form of gov
ernment were uniting TO lnterpose tor
the defense Of the Union and the right
Of the people 10 govern themselves ana
elect their own President. How this can
b, preserved without the right o; Con-
greSS to 90 behind the returns Of Presl-
Dental electors and ascertain the number
-; votes, and how cast in the recent cleo
tiol, do not well see. If 1t be the duty
OF Congress to count the votes given
for President, they certainly must have
the power to ascertain those whom they
are 10 count; and how are they to do
this unless they have the power 10 80 be-
mind the returns. 1t is the exclusive IN
rrrest of the State to know if the voters
w.rc qualified, but the whole people Of
A pf... "A to In,
now many votes were cast and TO what
persons given, for these are facts which
touch the question OF the election OF the
Pr, Sldent who Is the officer OF all. Who
81 Fl. - examine INTO those questions, II
doubtful. as In" Congress who are the
united representatives of the whole pee
pie; How else are the people 10 be
made certain as 20 the man truly elected
- the most important OF these offices
P1wER IF NOT GIVEN IT TERMS TO BE
IMPLIED.
Ii there is no mode of reaching these
results unless there is power in Congress
u - behind the returns, the inference Is
ret only fair but necessary that such
power is to ne implied. To make this
implication equal 10 the eXigenCy it Is
requisite; bat 10 vest this power in Con-
gresS, which represents the whole peo-
pie in times of deep popular excitement,
o of utter corruption in State, strong
to npt4tiOn 10 return this vote falsely
mi sht exist in particular State, when,
at present, single electoral vote
ii ght change the character OF
a. 1 Iii
r.I:es may be- spprehended when
there might be danger Of a
: ate yielding TO such II temptation if the
@ Jportnnity were given it with power in
JLgrcss TO detect and prevent it. If
l re power does not exist now in Con-
5rcss there is none to prevent or check
-uch an abuse ii the State were to con-
nive ~ it. To learn thequestion of time
N this matter under the supreme control
Of the representatives OF the whole peo-
Pile, the constitution provide that 'the
Congress may determine the time o,
choosing the electors and the day Of
giving their vote. which day Hali be
The same throughout the United states
(i"urLh section. second ar,ic'rl.
\ WIDE SCOPE OF i'NtNE>Sl ~ Al
POWERS.
Rut that Congress may pass such u law
Is shall enable it to count the vote OF the
Presidential electors rs plain from the
provision that il may make ali laws
which are necessary and proper for
carving into execution the foregoing
ppwers and all other powers vested by
The constitution in the government of
the United States, or in any department
or office thereof IL may not only pass
al laws necessary or proper to execute
the granted powers, but pass such Ms
may bc necessary to discharge a granted
duty or necessarily supplementary to
execute function where the
grant il not of itself complete
in terms. Under this power
Congress may make the laws which are
necessary to enable it ito count the vote"
~ all the States are interested in count
ing truly the vote for President, SO that
duty and the means necessary to dis
charge IL ought to be cOntided 10 the Con-
gress of tue whole. The place Of east
-" the vote for the State, and perhaps
|, concerns the State itself, to whom, per- |
haps, it would be proper to contide those
duties. but TO ascertain who are legally !
chosen rs electors is the peculiar duty OF
Congress, which cannot be executed un- |
less IT mas
THE RIGHT To CO BEHIND THE RECORDS.
hold, therefore. that it is not only
their right but their duty, il 1t be ncces- |
sury To- do So; if that be necessary IT, en-
able them 10 know who are entitled to |
cast the votes for President. The highest |
us all rights which legislature possesses |
Is 10 provide against anarchy, if, without |
such actian it woul! cRSUe. Could any !
thing be- more likely 10 lead To this than |
u contested residential election without |
the means Ia settle it truly and Justly? !
Il the right oi NcIi-dclencc to protect |
Your life, be law of nature, is Rot the |
right 10 defend the life Ui society, the eX-
Is .cucc IF state still more I'M
dpubted For AL these reasons believe .
ne right of Congress to 60 behind the |
records is iudiSpu!ablr. and do net .
think il necessary 10 investigate the .
question as 10 the existence OF the Joint |
rule which some seem 10 think so inn |
pDrtant. The right OF Congress to 20
"behind the records to ascertain whom
they are to count | hold to he indis-
putsble and founded upon higher con-
siderations than those Of rule. ii is y
question which touches the peace and /
existences OF the country which the con-
4 - s a
cidipg. Very respectfully,
Il. NJ. Z. HUNTER.