Year: 1876

hhE FOWEh OF THE HOUSE OF


REPRESENTATIyE


In the many recent discussions of :he
right of Congress "to go behind the re-
cord IN counting the electoral vote,
none OF the eminent gentlemen who have
expressed their views upon the subject,
have stated the truth more tersely and
more iorcibly than ex-senator HUNTER
of Nirgin,a. He gives the whole gist Of
the h.a.tcr In &C sentence when ne saws:
"lf the right of self defence to protect
your life be n law of nature, is not the
.aw of defence of the life ot society, the
existence of a state, still more undoubted ,
There is no express power given
TO Congress by the Constitution
''to go behind the record" and it has
been question of grave discussion
whether any such power existed even by
implication; although since 1901 Con-
Gress by lis repeated action has given
the construction, so far as it had the
the power TO construe, that it did pos
sess such constitutional power. We
have hitherto held that if such constitu-
tional power did exist, it must be ex-
elcised coneurrently by the two houses,
as it would be absolutely absurd and
dangerous to admit that one house with
out the concurrence of the other should
exercise such arbitrary power For
holding this view We have been crlti-
cized by some of our Democratic con-
temporaries, but OF this we do
not complain, as it is sub
iect that should receive consider
stion from every conceivable standpoint.
Leaving the written Constitution with
its mysterious silence out OF sight for the
present we still find for our guide in this
case principle, broad, general prln-
crple-s principle underlying the foun-
dations of our Republic, and indeed OF
all governments That principle is the
natural inherent right the government
to use any and erery means to perpetuate
It's own existence.


The founders of our government and
trainers of our Constitution were not
expected to incorporate into our or
ganlc law provisions for every possible
contingency that might arise in the
future history of the government.
| To have done so would have made that
instrument all endless mass of legislative
enactments. Instead OF that they wisely
comprehended in the constitution gen.
eral principles, dividing the government
INTO separate departments and prescrib'
ing the powers and duties of each re-
spective branch. All powers not thus
delegated were wisely reserved TO the
States and the paople thereof. The the
ory upon which our government rests Is
that the States and the people are SOW
ereign, and Whatever mistakes or defects
exist in the organic law can BE- remedled
/ ar cured bv them. 1t was ln-
tended that when an unprovided
for contingency should arise, just such
one rs now confronts us, it should be
dealt with and settled by the people them
sslrss This proposition is undeniably
true, vet we are brought to face with new
/ and startling feature. The people have
already settled the Presidential question,
bv expressing their Will through the bal
lot box, yet we find II formidable set OF
conspirators who are now in control oil
! tho executive. and one branch OF the
legislative department setting at dehahce
the will of the people, overriding their
verdict disregarding all constitutional
I limitations and eudcavoring to revoIu-
/ tionize the government by forcing into
! the executive chair the minority
csp ,ldate. In this anomalous con-
dition of affairs 1t Is the
du,v Of members of the House OF Repre-
sertstiyes. who are the immediats repre-
,eotatires OF the people, to bring into eX'
ercisc that ressyred power OF the people
Of the States and act promptly IN taking
stems to secure the perpettuatlon OF our
National existence. 1t is not necessary
for the lowe. house OF Congress TO STOP
10 examine what is written IN the law
or what Is implied by its language Inc
reonle demand of them as their 'mmedl-
ate representatives, on their behalf ana
for them to exercise that natural inner


ent righ. of self preservation, and vind'
cate the genius of our institutions. Ihi'
i what we would designate as the "hiSh


er law"


y,Cu CHANDLER ISSUES All aduIes'