The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-11


direct cenclusinp from this negative state
nent, am forced TO believe that tile two
Houses Of Congress will participate In
the Counting Of the vote as they have
done ia times past, a;;d that they will
not ibe eimply spectators Of an act per-
formed BY, the presiding officer, Of the
Sd. The next House will not elect the
Preaident. No President can be chosen
by the. House OF Representatives uuleas
j. ia done before tho 9Th of March, ,a877.
| If no President has been chosen On that
day the president OF the Senate will be
:..:ss.SS.,seteA end will aaste until new
election can be held The l2th article
Of, amendments to the Consultation is so
explicit on this point that there can be
nc difference Of opinion ia regard to IL.
eth. The vote Of no State will be re-
jected without the concurrence Of both
houses OF Congress. Neither hc.:se he's
ever exercised the power of throwing out
the Electoral vote Of a State without the
consent OF the other. The Only instance
in which one house has rejected votes
occurred under the 22d Joint Rule, aud
the concurrence in those cases took place
in the adoption Of the rule. Nothing
which was done by the authority of that
rule can be cited as q binding precedent
now that the rule is repealed. Speaker
.Randall's idea that the 22d Joint Rule il
still In force will be repudiated BY the
House II it ever gets an opportunity to
voic oii inc QUESTION. ~ .u ~
5th. The genuine official returns OF, the
three contested Southern States may be
received as prims facie evidence Of how
the Votes OF those States ought to be
counted; but they will not be considered
es fnal pronf. In other words, both
Houses will agree to 60 behind the off,
cial returns and decide from other evil
dehee which return, IL either, ought to be
counted in. each Gaze. II seems to me
that the Senate by instructing its corn-
nlittee IN investigate the election in five
Southern States and in Oregon, and TO
examine into the qualifications Of Elec-
tors in other States, has 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 dernand it az a
right.
9Th. No questions either of law or iac.
will be aub- lifted 20 the Supreme Court
for its decision. The pretended inter
view with Judge Miller printed two
weeks ago has made the Democrats un-
willing to make the Supreme G. -,rt an
arbitery of anything in copnectie, with
the Presidential controversy. They say
that although he has made qualified
denial of she authenticity of the inter-
view, they know that his sentiments were
not misrepresented. The Republicans,
on the other hand, find difficulty in de,
vising q mode, of bringing any question
legally before the Supreme Court, and I
have been unable to find much, disposi.
zion among them 10 submit TO that tri-
bunal apy of the questions over which
Cohgrex,. if any one, has Jurisdiction.
7th. The Cnmocrnts will not get their
missing vote from Oregon. Some OF the
Democrats still cling to the theory that
CTonin's organization Of the Electors!
College of that State was legal, but the
ground now held by the more conserya.
tive of them is that no election took place
in Oregon, except as 70 the choice Of two
| Electors. -:
9Th. The House of Representatives will
not of itself declare that .liere hns been
no election Of President, and proceed Il
choose one. The right of the House to
elect q President is contingent on the
failure Of choite, by the Electors, and
l. while the question whether the Electors
have Succeeded or not remains open, O
vote by the House would be nnconstitu.
tional, iliega, and void. Nor is there
lany precedent authorizing the House to
decide this question. The trainers Of the
constitution did not contemplate the pos.
sibiiity q doubt ever existing on this
Esubject, and 90 shey. did not pravide fol
Its adjudicAfiop, but the common.sense
view of the case is that whoever has au.
1 f,,f IN, cf,,tttt o.t,, III
has authority TO determine whether an
election has taken place or mt. As no
| body asserts the, right of the House. by
7 Itself, to count the vOte,f db not btgievit
that the Democratic party will elaiiff tie
Fright for the Hoube, by itself, to deter.
I mine what the result or the count has
.fhaen''.'l: ~ 7ff1DIil.r1 49, III
|. All that have slid in regard I'd what
twill not take place as to- counting the
I Electorab v6te will be subject to 'inodifi
I cation under certain circumstances which
/ have ndt, considered as likely to ezist
+ have assumed that in spite OF all The
| yilA AID ettFeme talk one hears anAoDnibp
politicians Uh Oh both 6iaes ~ y
sach house will finsl!y be careful 60 tsks
! 10 positive step for which there ii not u,
1 least the hcolbr of eanction in the c6iisti
I tuition, tho 'ilaws, or vell-estsblishe6
precedent, But If either party should &C
l0utside of that Banction and 'absnYls
| powers which have rot heretofuiS beer
accorded IT, and the exefcise of whict
would five Il aiY unfair 4ldvantaGe. thei, Il
Is impossible 70 fofetelli How 'fEaf tie eothe,
4 may 60 20 eUintefaet it. Fur iDstanes, 4
the House should piant itself on che ex
4 treme grutnd &hAt II hns ltiief power WITH
nut the t6dsent Of the senats to rejec-
the vote. of any State then the Seiiats
might also DC driver 10 tiiiE eduaiiy en-
treme groanH Of making its preaidihl
&c; s.s:e SG.H .t:ss .: =eiA ;.ds &c 1hA si:A;.n
q all the fetiri!s, 1lVi6fent and threatefIitil
demonstrations Ii the Democratic meet
,ingg on sshea 8th Of JANUARY would Elst
lintenajfy' the' excitement and uDfit boti
/ houses 10 deal with the crisis With thuel
saltnness or reason; But I doshot antici
pate anythitig Of the kind. ifHi sa'S>
q au l-+------..+---s.z-saa.----- -: ~
iH THEELECI0RALV VoTE or THIS SrArE
i If7-Inl; cdnverantioa Monday evening, ,Mr
SaylGf, of Ohio, tho chairmnn of til,
House investigating. COMMITTEES for. Soutt
Carolina Ssid:ah he Thought itilver,
\ probable that u r1ainerity-Feport would b,
made hy y The Repablisan g members Of II,
PsS5 ths sss ssfss ssteS So Of th &
'.s.. s,ns.il,ls In 'thk faHeinf the nnhliaiiel
u Aiatemens ihat thecnnimittee; as whole
eonceJsd that the, Hayes and Whesle
electors h9d heeH, elected, and the com
fhittee did h0t think IL right to take. 'ad
'1fvapt.ige Of eechnitai effors &7hielii nigh
change the resuh.o' In reply Dir. Saylo