Year: 1876

Mr., Clarkson N. Potter comes to the front
as the proposer Of a revolutionary scheme.
His long argument is exceedingly lnge nj
GUS, able, apd-false to the constitution.
Its aim is a change in our system OF gov
ernmen,; Its result, if acted upon in The
contingency contemplated, would % reV0-
lotiOn by violence.


1t is astonishing that. in all the discussion
upon this subject, it has not been observed
that the constitution itself makes the SEN
ate of the United States the sole and final
Judge in all conceivable disputes as to an
election of President. For no person can
discharge the executive duties without re-
cognition by that body which, with the
President. is constitu,ionally vested with
share of executive power. In the event OF
any dispute between the two houses, the
parson claiming TO be President of the
United States could not begin to exercise
any executive functions whatever Uniess
recognized by the Senate as the rightful
President The Senate clone, sharing the
executive power. and being permanent
body. must make the final decision whether
a person claiming to be President has been
duly elected and is actually entitled to that
position.


This power of final decision must, in the
nature of the case, rest somewhere. 1t Is
the palpable absurdity of Mr.. POtter's or.
gument that it would give to the very body
empowered TO choose President ii no
election be effected, exclusive power to de-
eide whether an election has been effected
or not. The constitution. on the contrary.
gives to the Senate power to decide that a
person has not been elected, bnt it intrusts
the power to choose a President in that
event to different body. The official who
opens and counts the votes is an official of
the Senate. If he usurps or make q false
count, the Senate can render his action
void by refusing to recognize as President
the person errOneOusly declared elected.
But 60 cautious is the constitution not to in
trust this negative power to body liable
to be interested in its exercise. that iDstrn-
ment gives no power at all to the Senate in
filing vacancy which it may declare to
exist Primarily, the President of the
Senate counts the votes. If he counts
faIeeIy the Senate can veto. But even then
only the House can elect.


As somebody must decide, go in event OF
Q dispute, somebody must be empowered
to intorce ths decision. The constitution
does not provide for two Presldents, both
legal. II the President OF the Senate de-
clares Jones elected, and the Senate recOg-
nizes him as the rightful President, and
the outgoing President, and the Cabinet
who can not be supplanted by anybody
else without the consent OF the Senate, con-
cur in recognizing Jones for President;
what will that man be who rises in his seat
in the House and moves to Select" another
President! He will be rebel Men who
vote for another President will be rebels.
Every man who recognizes another Presi-
dent will find himself in the position of
those who held Mr. Potter's alleged views
in regard to the propriety of secession.
The rlshtfully elected President will be
sustained by all the powers Of the govern
ment, wiel0ed by the present executive.
We have i. friendly feeling for Mr.. Potter,
and, therefore, advise him tnat the attempt
TO set up second President On American
soil is one which he had better not advise
nor lead --hreau York Tribune.