The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-04

10 be the President, they will Rt once
proceed to assert themselves, and the
Republican officials will be fortunate il
they are allowed 10 leave the States at all .
"The President spoke Of Hampton's
letter to Governor Hayes, which he had
read in the newspapers yesterday. He
was evidently not fAVorAbly impressed
by it, and remarked that il was in strict
keeping with the other acts Of Hampton.
He does not think, however, that any
legal authority for the reversal Of the de-
cisiOn Of the South Carolina election can
he found. The canvass by the Legisla.
turs, which was authorized by law to de.
clare the result Of the vote for Governor
and other State officials, could not be set
aside, and it seemed TO him that Hp ite Of
anything the Democrats may do he sue.
cess Of Chamberlain has been de finitely
settled.
"The President had something to say
in regard to the counting Of the electoral
vote and the difference Of opinion now
existing between the two Houses Of Con.
gress as to the mode in which this shall
be done. He said that while he has no
disposition TO pass judgement on the
merits ot this controversy, II seems to
him as II the decision Of il and the con.
Sequent announcement Of the result OF
the election will not take place before
noon on the 18th OF March, 1877, at
which time his term OF Office will expire
lie believes that the Constitution and the
law give the President OF the Senate
the power to open and to count the elec.
toral votes; but admits that precedent
has established the right Of either House
TO object to the counting Of the vote Of
State. lie cites one or two early in.
stances IN which this right has been &C.
corded, and called attention to the uni.
form practice ever since OF the separation
Ol the two Houses whenever any question
has arisen in the joint convention, and
their independent action upon it. Be.
licving that objections will he made to
counting the vote Of one or more States
on the l4th OF February next, and that
such Il separation Of the two Houses will
take place, he thinks that the discussion
which will ensue Is very likely to con-
time during the whole OF the two weeks
which will intervene before the 4th Of
March, and that the latter day will ar.
rive before any agreement upon them Is
reached. In such an event he Is very
positive in his opinion that under the
Constitution and the act OF 1902 the Pres.
ident OF the Senate will become the acting
President. and will be sworn in as such.
But while the official term Of the
President will then expire, that Of the
heads Of the executive departments will
continue uninterrupted, The President
has caused full investigation OF this
matter to lie made by his legal advisers,
and the conclusion reached is that all
Cabinet officers except the Postmaster
General continue 10 act until their sue
cessors are appointed. The term Of the
Postmaster General is limited by law to
thirty days after the beginning Of the new
Administration. The Postoffice Depart
ment was for many years provided for
from time TO time by special legislative
enactment, and the officer who presided
over 1t did not participate in the deliber-
ations Of the Cabinet until during the
Administration OF President Jackson. II
the President Of the Senate should there.
lore become the acting President Of the
United States, General Grant says he
would find himself in possession OF every
facility for continuing and conducting
the executive department Of the Govern
ment, and that no would not be embar-
rassed by necessary changes, "a would be
the case If the terms OF Cabinet officers
necessarily expired on the 4th OF March.
The President was asked whether an
extra session Of Congress would be called
TO meet on or after the 4th Of March.
He said in reply that Il was customary
for the outgoing President to call the
Senate together at an early day after the
Inauguration OF the new Executive, for
the convenience OF his successor, bat !s
was in doubt as TO his power to call an
extra session OF the House, and would
take no action in the premises should oc-
casiOn for an extra session OF the House
arise until the matter had been fully in.
vesligated. 1t seemed to him, however,
that as the Congress OF which the House
10 a component part expires on the same
day with his own official life, il would be
found that, no matter what the emsr.
gency might be, he had no right to
cali the members OF the next House
together. The embarrassment would
be occasicned by his failure to do 30, "a
the acting President could promptly con.
vene the Forty.fifth Congress for the
transaction OF any business which he
might think made a session Of it neces.
sary. II the Forty.ffth Congress should
meet during the spring, he thought it
very likely that the question Of the recent
Presidential election might become n
matter Of consideration, and that that
body might determine 10 hold new elec.
tion earlier than the time provided for
in the act Of 1902. Congress, he said,
might provide for holding the election
in June, and for the inauguration Of the
new President on the 4lh OF July, which,
he believed, would be more satisfactory,
aS it would shorten the time Of the in.
ierregnum.