The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1876-11-24

observed that there is but one con-
tlngency in which the election of
the President can devolve upon the
House of Representatives. That
contingency is tie vote between
Hayes and Tilden.
a. AS to the distractions that
may be placed in the way of declar-
ing Governor Hayes President. The
twenty-second joint rule, under
which the two houses of Congress
have been accustomed to assemble
in convention for the declaration of
the vote for President, is not in
force. When the time arrives for
the convention provided for by the
constitution, the President of the
Senate, as custodian of the certifi-
Gates of the electoral colleges of
the several States, will notify the
Senate of the order of business, and
the Senate will request the House
of Representatives to meet them in
convention under the constitutional
provisions for the csnvassing and
declaration of the vote for the Pres
ident. There is no apprehension
that the House will refuse to meet
the Senate in convention. In that
event what would be the result?
Such action on the part of the
House would be revolutionary in
Its nature; but no legislative body
can be compelled to do an act, and
each house of legislative body is
negatively entirely independent of
the other. 1t is too much to say the
President elect could, in the event of
the refusal of the House of Repre-
sentatiyes to meet the Senate in
convention, be constitutionalIy de-
clared as the President. But it Is
clear that the Senate would not be
justified in emitting any part of its
duty under such circumstances.
The people have provided in their
organic law that their will, as ex-
pressed through the electoral COL
lege, shall be made known to the
Congress through the President OF
the Ssnate. 1t has not been deemed
necessary, up to the present time,
for Congress to pass any law in re-
gard to the method of assembling
the two houses in convention.
Hitherto such conventions have
been held under the tWentV-secondI
joint rule. The rule itself is mani
testify absurd in this, that it permits
either house arbitrarily to defeat
the will of the people. This rule
being no longer in force, the naked
provision of the Constitution re.
mains: The President of the Sem
ate shall, in the presence of the SEN
ate and House of Representatives.
open all the certificates, and the
vote shall then be counted" The
law fixes the time when the will of
the people is to be ascertsined. and
the Constitution commands that the
resident OF the Senate shall open
all the certificates; that the vote
snail then be counted, and that the
opening and counting shall be in |
presence OF the Senate and House |
OF Representatives. 1t goes a step
farther, and declares that the "per.
son having the greatest number of
votes for President Chat number
being majority of the whole num-
Of electors appointed) shall be the
President" Every feature of this
constitutional provision is manda-
Eoryi 1t is plain it requires no en-
actment beyond that of 1892, fixing
Lhe time. to insure its strict observ-
snce. Should the House refuse to
meet the Senate upon proper re.
guest, il would at once place itself
In direct conflict with the Constitu-I
lion, and every member of the
House SO refusing would be guilty
Of violation of his solemn oath,
and the Senate would be justified
in proceeding, even Ia an extra con-
manner, to "opeu all the
to count the votes. and /
70 declare the person having the
greatest number of votes for presi-
lent the President. Mr. Story. in
his work on the Constitution. elab- /
,ratelY discusses almost every con-
,eiyable contingency likely to aIIse
N regard to the Presidency. Buf /
le does not consider the question
IF the possible refusal of q branch
If the legislative department of the /
government TO perform q duty en-.
oined upon it specifically by the
Constitution. The reason Of such Il
omission is plain, since tn. ACT
would be reVolutionary-wOuId be |,
conspiracy to subvart the GOV. /,
,rnment, and II it assumed an ac-
zaessiYe attitude, would have To Be
net bY the war poWeF.-Inter-Oeean |