Mexico weekly ledger., 1877-01-25


clude such cases, then provision should be
made to punish such offenses.
go PRESIDENTIAL ELECTION. t5tsF
= A greater interest was manifested in the
recent election for President than was ever
before exhibited. This is. attested by the
large vote given in that election, the aggre-
gale popular vote exceeding that which was
given four years ago nearly 1000, 600. But,
Notwithstanding the, election took place two
months age, and the Electors cast Tneir vote
for President and Vice-President one month
ago, many are unwilling to submit to the
popular will. 1t is true the Electoral votes
have not yet been counted by the proper au-
thOrity. No Government resting upon the
will Of the people can give the confidence
and stability essential, not only to the mate
rial prosperity Of the country, but to its per-
petuity and well being, If that will is endan
gered or subVerted. &c is, therefore, a SOL
emn duty devolvcd upon each citizen to in
sist that, despite frauds or partisan schemes,
those whom The people have chosen to the
highest executive offices shall not be pre-
vented from occupying the posts Of duty to
which they have been fairly elected. No
State in the Union will, more loyalty than
Missouri. submit to and uphold whatever
Federal administration shall be constitution
ally established; and the citizens of this
State, irrespective of personal or partisan
preferences, demand that whoever have been
cOnstitutionally chosen President and Vice.
President Of the United States shall be duly
i~naugurated as such, despite all factions or
revolutionary schemes, no matter by whom
contrived or by what means sought to be en-;
forced. "'
THE DUTY, aasa.s ls.s-g
under the Constitution of the United States,
evidently devolyes upon some tribunal TO
determine, in cases Of fraud or doubt, who
have been elected to the highest executive
offices of our common country. In the alb
sence of the required majority, the House
OF Representatives has to choose from the
three candidates receiving the largest num-.
Der OF Electoral votes. Ii the President
pro tempOre of the Senate is to count the
Electoral votes and decide Upon all contest
ed cases, then, as that officer is the creature
Of the Senate, the latter branch Of Con
gress, ard not the House OF Representa-
tives, will virtually elect the President
when the people shall have failed to make a
choice, or when through partisan or other
reasons he chooses to decide that no, choice
has been made, or to receive or to reject the
Electoral votes Of one or more States. Even
in the ordinary conduct Of private affairs,
fraud and chicanery are not permitted to
prevail, and shall it be maintained that they
are to be successful in defeating the express
ed will Of the people, through arbitrary or
technical forms, without the power any
where to prevent the attempted outrage!
1t is evident the Senate and House are
not mere witnesses of the formal opening OF
the certificates, but that each, with equal
power to act, must cOncurrently determine
what Electoral votes are to be counted, and
that without such concurrent action dis
puted votes must st tnd rejected. On no
other theory can the two Houses Of Con-
rTnSS lJnhnld thnir frJIn nnSIfInn 1ynnpT the
Constitution, which requires that each shall
concur before any act, legislative or other
wise, within Congressional authority, shall
be successful or obligatory. This is the
| more obvious from the fact that the power
OF Independent action is called into poten-
tial existence only when by concurrent ac-
ton it has been determined that
NO CHOICE
for President or Vice-President has been
made. Then for the first time under the
Constitution is there a separate and distinct
i've duty devOlyed on each branch Of Con-
gress: the Senate as such to elect a Vice
President. and the House a President OF
the United States. The true theory Of the
Constitution calls, therefore, for concurrent
action, without which no result is obtained
with the single exception named, and the
separate powers of each arise for the first
time and only when by concurrent action
there is a failure to decide who are the cho-
sen Of the people. lttherefore follows that
the duty is constitutionally devolve9, not
on the President pro tenn. OF the Senate,
but solely upon the two Houses OF Congress,
to determine what Electoral votes are to be
counted, and then to count the same. and in
the event Of their failure to concur as to any
disputed vote, that the same must stand
amounted or rejected, because. in the
judgment of Congress-, they are votes not
cast by Electors duly appointed within the
! rnaorinO Of Tho Constitution
The next inquiry would then be whether
any candidates had received a majority OF
the votes thus sOlemniy determined to be
the only ones cast which could, under the
Constitution. be considered In other
words, when, by such action of the Senate
and House Of Representatives, it has been
decided what votes are alone TO be counted,
the majority of those votes must determine
the election. Should no candidate receive
such majority, then the independent action
of each branch Of Congress is evoked, the
Senate to elect the Vice-President, and the
House of Representatives the President.
Such seems to be the only Oun interpre.
tation Of the Constitution with respect tc
possible contingencies, hould both the Sen
ate and House fail in the result. 1t is to be
hoped 40 such grave contingencies vii
arise, and why should any disturbing eie'
ments exist?
The full and evident expression Of
THE POPULAR WILL
as to the executive administration Of Ma.
tional affairs during the next four years
should have silenced all controversy as II
the intelligent wishes of the American
voters; no possible room for cavil can exist.
nor can there be as to numerical and con.
stitutional najorities, unless fraud and Chi
canery are to prevail. The reverence To-
Constitutional law upon which u liberties
rest, the moral sense of every conscientious
citizen, and the dictates of right, justice
and impartiality, demand that the will o
the American people shall not be thwartet
through any technical or fraudulen
schemes, no matter by whom or how inge
niously devised, nor by whom or how
sought to be enforced. There is in thu
popular will a power greater than fradulen
or temporary success, and 1t is hoped to-
great even for transient triumph.
Missouri as a powerful and loyal State o.
our common Union, seeking the develop
ment of her vast internal resources, ant
contributing by such developments to TIT
ACKNOWLEDGEMENT also of her sister States
wishes continued peace and repose, so tina
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