The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-01-10


measures in reference to the Presidential
question, which were first threatened by
the Jacobins of the Republican party.
A correspondent of the \. Y. Tribune,
Il l. w" whose impartial reports Of
the louisiana investigations We have had
occasion t. mention, says it is now I'M
der.tyoI that 1.-The President of the SEN
ate will not of mis- own motion assume
the responsibility of deciding in regard
to the validity of the returns from any
State which come to him in the custom
arv form" 1t was at one time announc
ed in Radical quarters that that
officer would 90 so far as to
entirely ignore, and refuse to open any
returns from the disputed States except
those bearing the seals of the Returning
Boards. It IS now said he will not do
this; but will not presume to decide in
in cases of contest which are the valid
returns. The correspondent of the
Tribune concludes that the President OF
the Senate Twill do as Vice President
Colfax did in 1873. Where he has re-
ceived two sets Of returns from any State
he will open them both in the Joint con-
vention and announce the fact of their
reception, calling attention to any marks
that either may bear which will assist to
identify it as the genuine and legal re-
turn. For instance, if one is certified
by the Governor of the State and bears
It's broad seal, while the other is signed
by some other person, that fact will be
remarked when the packages are opened.
But the President of the Senate will not
even then decide which return should
be counted, if either, unless that power
is expressly conferred on him in advance. y
More than this could not be expected.
There is no power which can confer the
auth Drity except the two Houses, and il
is not possible for the lower branch of
Congress to consent to such an arrange
ments.
Again, it is said that 'the vote will
" not be counted by the President of the
% Senate" The writer above quoted
says:
| know that the House and | believe that
the Senate viii not agree to intruSt the acting
Vice President with this power. | say that
the Senate. in the absence of rules, will fol-
low the best established precedentS where
~ Constitution and tho 10y 81
know that when the first President was
chosen under the Constitution, the Senate.
in obedience to resolution passed by the
Constitutional Convention, elected Presi
dent pro tenn for the purpose of counting
the vote, and it has been argued that the
passage of that resolution was in effect an
Interpretation Of the Constitution on this
point by it, trainers. This may be true, but
l. so, it was an Interpretation that was not
accepted. tor. ever since that time. the
houses through their tellerS have participa-
ted in the counting OF the electoral vote. This
unbroken line of precedents has acquired
almost the authority of written law.
1t is further said by this Republican
writer that while the returning board
certificates in the disputed States will be
received as prima facie evidence Of
how the votes were cast therein, " they
will not be be considered as final proof,
in other words, both houses will agree TO
go behind the official returns and decide
from other evidence which return, if eth
er, ought to be counted in each case. 1t
seems to me that the Senate by instruct
ing its committees to investigate the
election in FIVE Southern States and in
Oregon and to examine into the qualifi
cations of electors in other States has
admitted the right, the necessity even,
of going behind official certhcates which
may be Illegal or fraudulent and acting
on the facts. The House will of course
demand ii as right"
Thus it is easy to say that will not be
done but it is more difficult to say what
will be done. We presume that the vote
of no State can be counted without the
consent of both branches, and we are
sure the House will meyer recognize the
pretended returns from Louisiana and
Florida for Hayes with the full knowl-
edge and undisputed fact that both
States east majorities for Tilden, In the
spirit of factions retaliation upon the
House for Directing to the pretended
votes for Hayes in those States, the
Senate may object to the votes of New
Y ork, Georgia, Mississippi and other
States for Tilden; and thus by game
of retaliation on both sides the election
by the electoral college may be defeated
In that event, it will de-
volge upon the House under the Consti-
tuition to choose the President. One
thing is certain, the people who have
elected Mr.. Tilden will never consent to
be deprived of their choice nor will they
sanction the surrender of its prerogatives
by the House of Representatives in
whom the ultimate power resides of Civ
ing effect to their will as expressed
through the ballot-box.
Since the above was prepared, we
have seen the following extract from
letter of Washington correspondent of
the n, 7. sun, fQrecasting the pro
gramme of the Radical leaders:
What other plan remains to accomplish
the object of Mr. Morton and his eonfede-
rates? l do not claim to know what the
themselves do not know. But
he probability points to a still more despe-
rate course than the one first contefnDlat
Mark my conviction-if the right of Con-
gresS Is conceded to reject fraudulent returns
an attempt will be made. under the lead of |
Morton, and perhaps Edmunds. to throw |
)ut the votes of Alabama, and Mississippi
IN the ground of general intimidation OF
he negro voters. 1t is thought chat man
ike EImunds is too much of a lawyer TO
,tultify himself. in the face of custom, ira
ltion, law, and Constitution. by maintain