Year: 1876

Mr.. Clarkson n. Potter comes to the front as
the proposer of revolutionary scheme. HIS
long argument is exceedingly ingenious, able,
and-falsc to the Constitution. Its aim Is n
change i'm our system of government; It's re-
suit, if acted upon in the contingency contem-
plated would be revolution by violence; Its
end. he NAV be sure, would be the swift sup
pression and stern punishment of rebellion.
We pass, as little worthy of serious notice, his
plea that Louisiana ought to give Democratic
majority. This result is only reached by en-
tirely ignoring the fact that about lo,ooo
white males of Louisiana are not citizens OF
the United States. We pass, too, his long
array of events represented as precedents to
establish the rule that no electoral vote can
be counted without the consent OF both Houses
In place OF interminable dispute as to the
meaning and force of these, we 20 to the
Constitution itself.


1t is astonishing that, in all the discussion
upon this subject, it has not been observed
that the Constitution itself makes the Senate
of the United States the sole and final judge
in all conceivable disputes rs to an election OF
President. For no person can discharge the
Executive duties without recognition by that
body which, with the President, is constitution
ally vested with share of Executive power
The President (see Article H., Section % can
not make q treaty with a foreign power without
the consent Of the Senate he cannot appoint,
without the consent of that body, any embas-
sador, other public minister or consul Judge
of the Supreme Court, or any other officer OF
the United States. He cannot even appoint n
member of the Cabinet, unless the Senate
recognizes his right to do so, and approves
his selection In event of any dispute be-
tween the two Houses, person claiming
To be President of the United States could not
begin to exercise any executive functions
whatever unless recognized by the Senate as
the rightful President. The House has no
such power. II can refuse to vote money
necessary for the Government with or with
out reason as it did most factiously at the
last session, but that it can do, mt its
peril if public opinion does not approve its
reasons, as well without any pretext whatever
as with one. The Senate alone, sharing the
Executive power, and being permanent body,
must make the final decision whether 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 lt Is the
naInable absurdity of Mr.. POtter's argument
that it would give to the very body empow-
cred to choose President if no election be
effected, exclusive power to decide 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
baen elected, but it intrusts the power to
choose President in that event, to differ
emf body. The official who opens and counts
tbe votes il an official of the Senate. Ii he
usurps. or makes false count, the Senate
can render his action void by refus-
ING to recognize as President the person
enormously declared elected But so cautious
is the Constitution not to intrust this negative
power TO a body liable to be interested IN its
exercise. that instrument gives no power at
all to the Senate in filling vacancy which 1t
NAV declare to exist. Primarily, the President
of the Senate counts the votes. II he counts
falsely the Senate can veto. Blfs even then
only the House can elect.


As somebody must decide, so, in event of
dispute somebody must be empowered to en-
force the decision. The Constitution does not
nroyide for two Presidents, both legal. If the
President of the Senate declares Jones elected,
and the Senate recognizes him as the rightful
President, and the outgoing President,
and the Cabinet officers and officers of
the army and navy, who cannot be
supplanted by anybody else without consent
of the Senate, concur in recognizing Jones as
the President, what will that man be who
rises in his seat in the House and moves to
elect another Presidentl He will be a rebel.
Men who vote for another President will be
rebels. Every man who recognizes another
President will find himself in the
position of those who held Mr.. Pot
ters alleged views in regard to the
propriety of secession. The rightfully elected
President will be sustained by all the powers