The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1877-01-18


The opinion of Hon. Jas. +. VIII
son, of this State, in relation to the
mower and duty of the President OF
the senate to count the Electoral vote,
has support in very recently publish
ed utteranccs of the best Of Democratic
authorities. First, we have that OF
"A Democrat" printed in the Fort
Wayne Gazette. a leading Democrat
ic journal of Indiana. The author
ship of the article in question IL as
signed to Hon J. X. Eigerton, all ex-
member of Congress, and now regard
ed as one OF the ablest Democrats in
his State. Mr.. Eigerton cites the
same historic presidents quoted
by Mr.. Wilson, as also, the same ex-
tracts from the opinions Of Kent and
Story, and he urges, that unless the
Senate and House agree upon some
mode of satisfactorily ascertaining
and declaring the result, the Presi-
dent of the Senate may and must de-
clare the electoral vote. Whether that
result be favorable to Hayes and
Wheeler or to Tilden and Hendricks,
Mr.. Edgerton sees no escape from its
finality, and says:
In neither case IL there any constitu-
tional power or right to appeal by the
Congress, or either house of II. from
that final declaration. or any redress,
because of it, except by the impeach-
ment, trial, and conviction of the
President Of the Senate, or by an APP
peal to the people in another election?
Both remedies are open to the a--ricy-
II Congress and people, and they are
the only constitutional remedies. Al.
others claimed lie In the direction OF
tisurpation, revolution. and anarchy,
and no partisan sophistry can ever
impair that conclusion. The man
whose election is thus declared "shall
he President" That il the mandate
of the Constitutions; and resistance To
his Inauguration or authority during
his term of Office is rebellion.
II the Congress shall fail to DO the
duty asserted for it and the President
Of the Senate shall do his, the people
will do theirs by patriotic recogai
ton of the Inauguration and authority
Of the President whose election i,
sanctioned by the example and author
ity Of the founders of the government
and trainers of the Constitution.
Next, we have an emphati" denial
uttered by Hon. H. $. Foote OF
Mississippi of the pretended right of
Congress to go back to the returns of a
State. That well known Democrat,
whose ability as constitutional law
yer is as pronounced as is the purity
of his Democracy, thus writes in all open
letter to his fellow Democrat, Hon.
L. @. c. Lamar, Representative in
Congress:
That on the pretext of counting the
votes the certificate of which are open
d by the President of the Senate.
congress can, in any mode go behind
| the face of these certificates and pro-
iced to look into all the facts connect
| ed with the Presidential election with
u view tothe detection ofalleged frauds
in said appointment of Electors by the
States or irregularities of some kind,
and that, in addition to this, either the
Senate and the House of Representa-
tives conformity, or either of them, can
then, at their discretion. invaliiate
| and set aside any part ofthe votes thus
| certified. and cause others to be sub
| stitute, in their place, emphaticdUY
deny and moreover contend that such
action would not only have no author
| ity under the Constitution, but would
be a gross and palpable violation ofthat |
instrumental daring and objectionable
usurpation, which, if sub |
| mitted to, would inevitably work "A
complete revolution in our form Of
government. If either House of
Congress, by calling in question or de-
clining to approve the Electoral vote
Of State, may deprive it of validity,
and this terrible process may be re-
peated as often as either House desire, |
then an election Of Presidency by the |
people of these States must indeed
| become the merest political mockery
that has every yet been enacted among
sensible and civilized people.
Nor is that all. Mr.. Foote Is clearly
of the opinion that "Mr. Hayes will
be recognized as having received a
majority of the Electoral votes, aud
be inaugurated as President" Still
more, and yet more significantly,
Mr.. Foote is satisfied that the personal
and public character of Governor
Hayes Is such as to give the most en-
couraging assurances that he will
make a really good President. Which
leads him to add, further:
may be in error about this matter,
but do verify believe that al this
moment bright and golden opportu-
nifty is afforded 10 the people of our
much-loved section by the election OF
Mr.. Hayes to the Presidency of restor-
ing themselves to the confidence OF
their fellow-citizen- elsewhere, Of
vindicating their own character for
loyalty and heightened patriotism
and of possessing themselves of all the
blessings which wait on wise and just
administration, the eradication al al
unreasonable prejudiccs, and tie
practice ofall the duties oforier-Tespcet-
ing and law-ahiding citizens.-Gn:stte.
Two WE'LL UNITED FAMILIES. -
An interesting and somewhat remark
i al -