The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-06
Tho Question of the Day.

question, which were first threatened by |
the Jacobins of the Republican party.
A correspondent of the n Y. Tribune,
81. l.. W., whose impartial reports OF
the louisiana investig atoms we have bad
occasion to mention, says it is now I'M
derstood that "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
airy form" 1t was at one time announc
ed in Radical quarters that that
officer would go 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. 1t is now said he will not do
this; but will not presume to decide 10
in cases of contest which are the valid
returns. The CORES pondent of the
Tribune concludes that the President of
the Senate "will do as Vice President
Colfax did in 1878. 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
its 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. "
More than this could not be expected.
There is no power which can confer the
authority except the two Houses, and it
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 will 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
| IA "a ell
know that when the first President was
chosen under the Constitution, the Senate.
in obedience to resolution passed by the
Constitutional Convention, elected a Presi-
dent pro tenn for the purpose of Countin g
the vote, and it has been a. .ued that the
passage of that resolution was in effect an
Interpretation of the Constitution on this
point by its trainers. This may be true, but
IL so, 1t was an Interpretation that was not
accepted, tor. ever since that time the
houses through their tellers have participa-
ted in the counting ofthe electoral vote. Thi;
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, Sc 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. Il
seems to me that the Senate by instruct.
ing its committees to investigate the
election in five Southern States and il
: Oregon and to examine into the qualifi
cations of electors in other States ha.
admitted the right, the necessity even
of going behind official certificates which
may be illegal or fraudulent and acting
on the facts. The House will of course
o demand it as right"
Thus it is easy to say that will not b.
G 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 arr
sure the House will never recognize tn,
: pretended returns from Louisiana anC
e Florida for Hayes with the full knowl
s edge and undisputed fact that boil
$ States cast majorities for Tilden. In tn,
: spirit of factions retaliation upon tn.
s House for Directing to the pretended
: votes for Hayes in those States, thu
4 Senate may object to the votes of New
n York, Georgia, Mississippi and othe
States for Tilden; and thus by gam
. of retaliation on both sides the election
by the electoral college may be defeate,
o altogether. In that event, it will de
volve upon the House under the Consti
: tuition to choose the President. On
thing is certain, the people who hav,
nlactnd NJ lillian Will ,nouo. aa