The New York Herald Newspaper, November 22, 1876, Page 3

| i i" ' ei emg ii THE PRESIDENTIAL PROBLEM. —_—---——_ Views of Clarkson N. Potter on the Situation —-——--. SING THE POPULAR VERDICT lle nani Huw the Louisiana Returning Board “Counts In” a Partisan Government. RE COUNTING THE ELECTORAL VOTE. Both Houses to Concur and Having the Right to Object. | THE ESTABLISHED PRECEDENT. Shall the House of Representatives Elect the Next President ? To rms Xoirox of rue HzeaLo:— Sia—The pol‘tical situation scems to me so very (avenad its discussion ju many quarters so likely to ‘tisiead the pudlic mind that! ask space’ in your col- ainas to present some views upon the subject. The extremities of tho country, the States of the Northeast, Northwest and the Pacific, have adhcred yothe republican purty, but with the groat body ot the country this is otherwise. Of the twenty- sbree States that he together south of the lakes, con- \aining. cbirty miilions of people, omty three (Penn- tyivan.a, Ohio and Illinois) have shown any lesire to continue that party in power; aad che popular vote of these three States gives a republl- tan majority of only about 30,000 (little more than iheir proportion of tederal office-holders), while the democratic majority in the rest of those States, oven f Florida, South Carolina and Louisiana be excluded, oxceeds 600,000, ‘Therm was uo genoral causo why theso three disputed States should, not like the States about them, seek to deridvlthe party in power, What Mr. Pinchoack, 4 the Cincinnati Convention, styled the “corruption sud mismanagement which had come upon Miu Noun out the «hands of Northei ad- venturers,"" bad united nearly ali the whites aud many of the blacks against tbat party. But it may be that the frst count of the clec- Mon in Florida und South Carolina, conducted and re- \uraed by republican officials, is so close that the elec- wwral vote uf those States may be successful» made to appear as if given for Hayes and Wheeler. "Ot course he democrats will protest against such a result as raudulept. Where one party owns the judge, jury and witnesses, the other party is likely to despair of Justice, REVERSING LOUISIANA’S VOTER, But in Louisiana tho case ts different. The late clec- tton there has been conducted by officials appointed by Kellogg, tu councction with United States supervisors ; and the election thus conducted, according to the re- ‘urns from those officers, shows a majority im the State, us pow reported, of 8,099 for the Tilden ciectora. This result, it is a sounced, the Returning Board will reverse, Should it do #o the effect will, 1 is claimed, be to wilfully ana wickedly unoul the verdict of the people of Louisiana. To understand this it is necessary to recall briefly the history of that State. Sach histories are too ay-t, im these days, to be forgotten. Ou the 4th of, Decombe:, 1872, the Governor of ‘Loutsiana prociaimed the result. of the precoding November election, and declared the conservative, or McEvery, ticket elected. “UNDEMABLE Facts.’* The Legislature thus chosen was to meet at the t of tho Sth the United States District Judge, Wurell, issued an order directing the United States. Marshal to take possession of the State House and prevent the assemblage of this Legislature. That order was executed by the aid of the federat troops, the meeting of the Legis lature was thus prevented, and their republican com. petitors, with Kellogg for Goveraor, were by the troops pUt Into possession of the State. ‘These facts,” said the Judiciary Cummitiee of the republican House of Representatives tu the Forty-third Congress, “are un. Msputed.” Uf course thi: order was utterly illegal and votd. {t conterred uo right, tawful power nor authority whatever. If Mr. Morzau should claim to be elected At the lata election in this State, ana the Chief Jus- Nice of Canuda should o» Now Year’s evo, issue an order directing the Unies: ...utes marshal to put bim upto possession, aud ihe @ersual shuuld do this by iho uid of federui troops, sr. Morgan would be just ts lawfully made Governor as Kellogg was. This is andeniabie DURRLL’S ORDER WITHOUT PARALLEL. I say undoniabte, because, first, the Judiciary Com- mittee uf a republican Senate pronounced Dureil’s order “without parallel,’ and declared tbat it wus ‘*im- possible to conceive of a more irregular, illegal and in- excusable act.”’ And the Judiciary Committee of a repub- ican House deciared it to be the ‘most flagrant offenco snd abuse of authority, destructive of every principle sad nght, in the highest degree dangerous to republi- 2an government anda bigh crime and misdemeanor ander the constitution of the United States’’ (43 Cong. H. R. Rep,, 732), for which crimo and misdemeanor they recommended that Durell should be impeached. Whereupon Durell resigned bis office and escaped im- peachment. Of the members of the committee who dissented from this recommendation, Judge Poland dit sv be- cause be thought Durcli’s order, though illegal, not sorrupt; aud Mr. Lyman Tremain subsequently re- panted and declared it deserved impeachment (Re- sord, January 7, 1875, p. 321), while Mr. Fi view will be found mm the minority report on the Mate of the South (Record, February 23, 1675, p, 1,657), im which he, Mr. Wheeler and Mr. Hoar de- elaro that Duroli’s ‘order and the canvass lo the inter- est of Kellogg were of no vulidity und entitled to no respect whatever.” And it is the government thus fraudulently and unlawfully cstablishea which re- Mains in power. Once tho federal troops were with- drawn trom Lovisiuva and the McBuery gov, ment was thereupou, and by commva consent of the people, put in power. GOVERNMENT BY BAYONETA The federal troops were then returned, and McEnery feposed by them, und Keliogy restored to the govern: ment, which, by the aid of those troups, he still re- In the words of Messrs, Hoar, Wheeler aod Pry: fg only the national government that keeps Kellogg in place for au huur.”” (Congressivnal Record, Webruary 1, 1375, p. 1,647.) Now, this Returning Boird of the Keilogg govern- ment claims the power, upon pretence of intimidation ‘at any polling piace, or other pretence, to arbitrarily Feject thé whole vote at such polls, a rejection jor Which there 18 bo roliet and trom which there is po appeal. Only this autumn Governor Warmoth said, at din- ner tv Counecticut, that the Returning Board was the greatest political contrivance ever invented, and that it Was due to the yeoius of Mr. Billings,” the gentie- mun who inspired Durell’s midnight oraer, and who was by General Grant appoimted Dureli’s successor, And that this Board will so exercise Quis arbitrary power vs Ww unoul the people’s wish ls Velieved, vecause the very men who nyw compose the Returning Board did that very thing in 1874. Ac- tording tv the report of the special committee on the btgte vi the South of the Forty-third Congress Hep, 261):—"The peeplo of the Stato of Louisiana did, in November, 1874, fairly have & free, poaceable and fult registration and election, 4 ja which « clear conservative majority was elected to ‘the Lower House of the Legislatare, of which majority the cuuservatives were deprived by the unjust, illegal and arbitrary action of the Returning Board,”’ HOW THE RXTORNING BOARD DUES ITH WORK. Let ino recapitulate here some of the actions of this Beterning Buard—as set out im the Ort report of thas whom a repubiicam committee, wath at ibeir lead, cox only three ste | did ever: the Y ‘s Of ke any compiuint @f the Fegisirution. On NEW YORK HERALD, WEDNESDAY, NOVEMBER 22, 1876.—TRIPLE SHKKY. committee (Mep., 101), and about which there has been no dispute—that you may co! jer what chance of @ fair decinon by it now remains, The law of Louisiana requires the reserus from polis to be delivered to the Supervisor of the parish (county) within twenty-four hours after the closing of tho polls—that w—by six P. al. of the day following the election, In Iberia the messenger who took the returns, showing a conserva- tive majority, to the Supervisur, ived ip the morn- ing, aad, not nding bim, waited through the day for nim to return and receive them, Alter siz o’clock be came and relused then to receive the returns, because the tweuty-four hours were up; apd yet the same Su- pervisor subsequently received returns from other polls giving republican majorities, which returns were counted by the Returning Board and those show- ing democratic majorities were rejected by it, thus choosing repablieens the representatives of the par- ish, 1a Rapides parish the returns elected all three con- servatives to the Legislature. When the proofs closed the only proof before the Returning Board was the afidavit of the United States Supervisor that tho elec. tion was In all respects full, fair and free, It was not known to the parish that any contest existed against these memburs, ‘bey leit their homes and proceeded to New Orleans to be present at the opening of the Legislature, no intimation of contesting their scats or objectiog to thei election having been given by ther @ppomenis, At one of their last ses- sions the Returaing Board declared ali the republican members electeu trom that parish. When the papers “of the Ret@r@ing Board were produced before your committee tiiere was found among them an affidavit by Mr. 18, the President of tho Board, deciaring that intimidation bad existed at the polis, and the returns should, therefore, be rejected, The jurat to this afll- davit was without date, and it turned out that Wells ‘was not ta tbe parish at afl on the election day. ‘NOW CONSERVATIVE 1k8 ARE WHITTLED DOWN, lo pariah of the returns showed a con- servative elected by ov majority, The Super- visor of Registration yaght the returus te Now Orleans and had lett them with a woman. The con- wervatives took icgal proceedings to compel their production, but the Court held that it had no juris- diction to thatend. They then caused to be produced before the Board the duplicate of those roturos from the office of the Secretary of State, together with the tully sheets, poll lists, &, filed there according to Jaw. . These os corresponded exactly with the alleged result of the comptied returus which the ald ‘wowan bad produced, of these alleged tacts undis- puted proof was also submitted tothe Board. Never- theless, the Board retused to count the vute for that parish. do in Winn parish, where 404 conservative und 164 iblican votes were cast, upon a verbal pro- vest that Registrar of Elections was not properly qualided, of which tho Proot was that be had tailed to forward bis of ollice to the Secretary of Su h there Bo pretence that tho election was not a late representation of the will of the poopie—the whole vote of mt ogg was rejected. So ww Terre Boone purish, where as a conserva- Ave mujority, it was thas the Commissioners of Klectiou, through m! of their duties, closed all the retui ballot boxes and deposited them with the Clerk of tho ith whom the law tSereupou lssued’A mandamus commandiog the Grerk u feupon a commanding Jier! totake the returas from boxes and :orward them to the Sccresary of bier ich was done, Neverthe- Jess, the Board rejected 1] turns trom these polis, ‘thereby giving the parish to the republicans. These cases were, every one of them, cases of the rejection of conservative yptes, by which rojection re- publican members were Ot course men who ‘thus act will do anything, and it would theretore no difference whether tho real Louwiana was 10,000 or any I, to strike out Experience has shown be rat one United States Su; sional committee that be “was a stance of Kellogg, that ho. issued tration papers that, alter election, he 1,814 affidavits purport- ing & come trom negroes She rights to vote by j tuv democratic party.” Om which, among other kin- dred Fe asian the Returming Board tound Kellogg elec unved at the in- dupheate regis. jo negroes Who voted ou them, und MULTIPLYING THR COLORED Yorx, I know that it is said that Louisiana ought to be a Tepublican State, because the julution exceeds the white; but such ts mut the fact Aud tere! ueain quote trom the Peportof the Special Committee vn the South (Kep, 261):—"fhe ceusus of 1870 shows 87,076 whil 1 86,013 Males over (wenty-one years ot All the stat aud evidence belore us has indicated nu change in this proportion in | Javor of the colored yoters The regisiration was ; incorrect aud @ the true colored vote. It wus wholly ta the ot the ahs | otficials, with jarebal Packard Les hand, the conser Ives specified with proof 5,200 cases and these conservatives, Who bad been co-operating im Joint purty cummittee lo vecure & lar registration, gave up tue eflort in vespait."’ And ther the report, alter giviug ¥ why the black! voted the cunservat ticket, concluded :—**Ali Pericoce shows that the resule of the election of 1874 an Lout Returning Board, was dior vy the reason: we tuve given, lo fact, after the ot th first commitice and the revisit of special cor mittee, the Kellogg party, with ail their machtuery | tur coll 2 CViuenLe, Were upabie to prouuce im the entir je more than halt a dozen persons to tesuly to abything impeaching the freevom of the late clee- tioux who were not office-boiders or connected with Oltice-huiders.”’ = ** We understand the committee to be unanimous in finding the Jact that the action of the ! Returning Board has defeated the w- “tha people as ex- pressed by them at the polls un the 3d Wovember, 1874.” ‘Thus 14 ought to be sceu thus there ts no just ground whavever tor the pretence that Loulsiaua should e gone republican, Lor for the pluint that toe Kel- olficials, iu the returns that Bave been made, did not suiticiently keep duwn the democratic majority. WHAT 18 THE REMEDY Assuming, then, that at the electora! vote of South Curolipe and Florida shall have been counted for Hayes, the Return: Board of Louisiana will, without just cause, reject, upur pretence of vivience, the vote in enough democratic districts to give the State tu the Hayes electors, and those electors be by that Bourd returned as elected, let us consider whut will then be the lawtul aud regular course of proceed- mgs, that we may discover what, if apy, lawiul remedy tor that abuse wit! remain. Ou the seound Wednesday in Febraary the houses of Congress ure required to meet 1m joint convention, that the electoral voles may Le opened und counted. It has Veen assumed that the House of Representatives will refuse to attend to perform that duty, The imierviewers might have saved their time. The House will most certeioly attoud, and tae President of tne Senate will then open the returns. Just bere let me refer to the proposition that the President of the Sonate might bimsoif, against what- ever objection—by sheer force of muscle und voice, | suppose—receive, ascertam and count tne votes and proviaim the resalt. Isut itésbould be remembered that no amount of voice nor audacity cun confer constl- tutional right, The constitution gives the President of tue Senate no authority to count the votes—meaning, by “counting,” the right of ascertaining and receiving the votes, For, to count the votes is to decide what are vote. It is only the electors of tho Stutes who bave a right to vote. Al that the constitution says is that ‘fhe Presiaent of the Senate shall, im the pres- once of tho Senate and House of Representatives, open ail the certificates, und (be votes shall then vc counted.”’ Counted by whom the constitution does not say. THE VICK PRESIDANT AND THK ELECTORAL COUNT. | Ifto be counted vy the Vice President was meant I think no one familiar with the precise and terse style of the constitation could doubt that the clause would have read, “The resident of the Senate suail, in the presence of the Senate and House of Kepreseutatives, pe all tho certiticates and count the votes.”’ The change tn the form of the language shows that it was ut be Who was ty count. And what could be more unreasonable than that the Vice Presiaent, who, by our system, is deprived of all reat power, aud is only an» xpeetancy provided for the contingency of a Presidential vacancy or imeapac- ity, Who more irequently thay any other oflicer of the governinent has beeo limseit a candidate for the Presidency, should aivne possess the unequalied power of determining who is elected to be Executive of this great natiou? Eight umes already has the Vice President been one of the candidates tor the Presiaency voted tor by the electors, and 10 be counted im oF counted out as voles were received oF rejected, “Would the House,” asked Mr, Clay, on the ob- Jecuon to the vote of Missour: in 1821, “allow he Vice President singly and alono thus decide the question of the virtually to legality of the vote?’ And no one then pretenacd “The constitution,’’ Mr. Clay turther Said, “requires the two houses to arsembi fourm the highest duty that could devolve on lic body, to ascertain who had buen e:ceted by 1 ple 10 administer the national cone case of votes coming furwurd whic not be counted the constitution was gi but, fortunately, the end in that carriod With it the means. The two houses were calied upon to enumerate the votes tor Presive! President. Of course they are called on to de: votes.” (Auna s Cong, p. 1,160.) But whatever may be thought of th question, it may weil be claimed thi the government bus settled 41 clause of the constitatiun, or sitce tho government was any President assumed to count a: ‘cept as the houses permitted; and never owe, in all ihe twenty-three elections decided, bas a Vice res dent failed to withhold oF to prev aunvunce Vules, 7 OF Lo reject or TABLISHED PRECKI As at the time of the first election # President, aud w persou bad uvcessarily to ve ap- pointed to cunnt the votes, that occasivn may be precedent, But im 1793" tho houses Jol committee tO ascertain and of oxamiving the voi with their report, jor the Sena and one ne ere assembled the Vico of conceded false registration iv New Orivaus aloue, | President broke the seals of the returns, handed them to the tellers, “who, having examined abd ascertained the votes prepared aad presented alist to the Vice President showing the stateof the vote, which list | wae read to the two Louses, whereupon the Vice l’res- ident dociared the reau!t aecordiugly."” And this may de sud io have becw substantially the method ever since pursued, On some vccasions the records aro fuller aud more significant than others, For instance, im 179 the Vice President, John Adams, said:—“By the re- port which bas been made to me by the tellors appointed by the two houses to examine the votes, th -one votes for Jobn Adams," &c., stating the resi and then be proceeded, ‘In obedi- 0 the con! ition and law of the United States o the cor id of both houses of Congress. ex- pressed in tn ‘csolutions parsed in the present ses- sion, | declare Jobu Adams eiected,”’ &e. 1m 1817, when, in the case of In a, tho objection ‘was Grst le to receiving @ vote, the Vice President made no attempt to decide the question, but the houses at once withdrew to consider it, In 1821 the houses directed how tho votes of Mis- sourt should be announced, and they were amrounced accordingly. In 1857, om a suggestion that tho whole of the certif- cates need not be read, the Vice President said that, inting tellers he vote devolved pon the tellers and the decision of what should be read rested with them. In 1865 the Vice President retused to open the re- turns he had received trom Louisiana and Tennessee, because go directed by the bouses, In 1869 he refused to consider objections to t! ‘of Louisiana and Georgia, because so directed by the houses, ip 1872 he opened the returns and accepted without rk the decisions of the House, by which the votes sas and Louisiana were rejected issippi and Texas counted against objection. And any one who will read the debate in the Senate ruary 6, 1865, on the adoption of the joint rule in regord to counting the electoral vote will how ‘ally the idea that the Vice President bad, even ye absence of legislation by Congress jas Judge Keut thought), any power over the count, was repu- ulated by Senators of both purties. BOTH NOUSKS UUST CoCDR. Bat, if the counting o; the votes be by the constitu- tion vested in the two huusca of Congress, it follows Unavoldably that they must both concur in the count, it ts a mecessary and cle tary principle when @ power is gi to two to be ised «by §=them conjoiwtly both must relt It 1s the essontiul concur io feature of such act by one house w! other is of no validity. then give one house thi vital power of determining, alone and without th concurrence of the other, the electoral vote, would bi against the whole spirit of our systom. Indeed, when this article of the constitution was re- ported to the Convention by the Committee of E! pyided for the return of the votes to the President ho Senate, to be opened in the presence of lone, “then and thero counted here was no election the Sepate wi to choose tho President. This. on of ten States to one (Delaware), was altered to clection in that contmgency by the House of Repre- sentatives voting by Statce, und to opening the votes in the presence of the two buuses, then to be counted, Granted that neither house ought to reject lawiul votes, the act of receiving, counting und reckoning votes is an affirmative act, and uotil received and counted ‘no vote canbe reckoned. ‘*11,” as Mr, Clay sa‘d, “one should say that the vote ought tg be counted, e other that it ought mot, the vote would be lost altogether.” MACH HOUSK HAVING THE RiONT TO OUKCT. And the houses have always acted upon this tion. No electoral vote bas ever beon counted, or assumed to be counted, a objection of esther house. Uniformly, the houses have agreed upon sume joint rule in respect to counting, The joint rulu passed in 1865, 80 much spoken of, could of course add nothing to the constitutional power of the two houses. In effect it only expressed what had been embraced in previous joint orders, or in the former action of the houses; Wasa mere method ot reg ing the orderly proceedings of the bodies under existing and was a practical construction b} the houses of their constitutional power in this respect. Necessarily, joint rale, that no vote, ob- jected to by either ho should be counted, mu: Bult eith.r from the recognized want of Eouse to alone receive oF elector votes against the other; or else it result trom the will boas, although possessing the right to count tho electoral to voluntarily abnegate that most im- portant function and to ugreo im advance to concur Without hesitation in any objection the other Louse might raise—au alternative sv utterly opposed tu ‘he of a legislative body und of the oaths to be inadinissibie. 1,f then, neither house Las constitutional power to receive and count the electoral yotes against the ob- it the other, it cam be of po importance to ion whether the joint rale bo now repealed or not, Bo, toe, the fact tl to any vote irom ei Separated to pass, ench by and for itsell, upon the ob. ‘hen objection has becn raised er house, tno houses huve at once Jection, shows their opmion of the neccssity currence of both houses in receiving aud ; Counting electoral vote; id that, oul such | concurrence, ueuber house of itself, nor the joint convention, was competent to receive and ‘count the Yule objected to. I), as been thought int convention could act aga distinct pon the votes to be counted, then ia ae, Tn on the mction of ir majority in the present House much exceeds the repubhioun majority in the Senate, ut how cun u vote, to be received and counted by two, be coanted uniess they agree? To be sure we could always take the lowest count. But, to that ox- tent, they do agree; beyond that, and so far as they do Dot agree, there cau be no count. it either that electoral votes fa con- both houses of Congres: can court a Presi in, arbitrarily, aud 1m detiance of Congress; or elve that ether bouse can alove direct that votes shall be received, which, in the case of a douvle vote, might necessitate the absurdity of count- ing both returus, aud t 1 submit that alternativ other conclusion thi ceived and counted only with the concurrence or per- mission of both houses of Cong Undoubtedly the duty of receiving and counttug the | electoral vote 1s a high constitutional duty, which the members of Congress must exercise upon their con- sciences and oaths of office; but of that duty they are the judges, aud for its discharge the constitution bas not made them responsible to auy power on earth. HOW A FRAUDULENT RETURNING RUARD MAY BE DEALT with, Assuming then that the Returning Board of Louisi- Anu will reverse the popular verdict of that State, will ' 1% be conclusive upon the houses of Congress, or is there any tuct, beyond the face of the returns, of which the Louses can tuke notice? For instunce, | it is certainly kuown that Massachusetts bas chosen Hayes electors, They will pres ently meet und vote for Hayes Suppose that by some fit of insanity, or the perversiou of memory, which Mr. White calls *hetercphemy,” the | clerk Wio 1810 cngross the certitcates should write | “Tilden” instead of “‘Hayes,”’ and that this should be overlooked while the certiticates were signed and until opened before Congress, would the houses be concluded by that mistake or might they take notice of the his- turical fact, and ut least reject the votes for Tilden if they could not count them jor Hayes Atany rate the houses have dove similar thinga | In 1857 they took notice that the meeting of electors | ‘of Wisconsin bad been prevented by storm on the day Fequired by Jaw and directed the vote to be separately counted, In 1372, on the objection of Mr. George Hoar, that Mr. Greeley was deud and bad died’ belure the Electoral College of Georgia | met, ‘and so was not # person within | the meaning of the constitution, this berg a historic fact, of which the two houses may pruperly take notice,” the yotes of Georgi, cast tor Greeley, wero rejected, At the same time the Senate reiuxed to re- ceive or consider an amendment declaring ‘that tho function of the two houses wus iniisterial merely, and independent of tho question of the eflect of the vote.” But whether the houses might properly take notice of this arbitrary uct of ibo Returning Buard; whetbet” having permitted the President to setup a military government without authority of law 1m Louisiana, the federal Congress are now powerless tv go behind any fulse return of the electoral voto which that government, though kept up now only by military torce, muy make und ascertam the truc result of the popular vote, would not the Congres at least have power to take nouce of the public tact that the vote returued by the Kellogg electors was not the Jawtul vote of the State of Louisiana, and so decline to eive and count itt hat occurred tn 1873 may, if the Returning Board arbitrarily reverse the popuimt verdict 1 thi oveur again. Alter that election the Greeley acting upon tho returns showsng their election, met amd cast their votes tor G Browa, which McEnery = certtied, while Grant of the i vore th huuses of thas directed not to be HANA MAVE appointment from y it and vote for Tildeu } While the Hayes cleciors, meet and vote tor Hayes simply upon the republican precedeut of 1872 both vores will House of Represonta- @, Fesolve to count that — State to take the to count. Li, should retuse 1 tor to 1h people ure yest, cither house can west ov vote being counted, wo might then have vote of Lousiana counted beth ways, which would give the election to Mr. Tiluen— 192 tv 185, For i inust be U nwical result of Mou holding that State, that, whenever ere are two returns from @ State, and the houses do not agree as to which 1s the real vote of the State, its vote will be counted both ways, THROWING THK ELECTION INTO THE HOU! It, ther ote of Lwuisiana shall not be and’ Mr. ex -nould be allowed Fiorida y Carolina, hie will baye 177 votes und Mr. Ti and then either dir. Tilden wil be elected of there will be no election of Presid And it will then becot the immediate duty of the House of Represuntatives, der the express direction uf the constitusiua, wv proceed to choose « j by the votes of States, cach | | State having one vote, and if Mr. Mayes should then be chosen t be will be chosen absolutely in strictest complisace with all the provisions and forme | said Heury ) 1876, holding the effice of postmaster at Bridport, in this’ State; and we protest against your declaring the Soliace elected ve appvintod en elector, ‘of law, und will ve asaveotutely aud lawfully President | tor the reavon that he is iveligibie according to tbe Qs 4Dy Map ever was, So, tov, if the Howze should | constitation of the United States We iurther request | choose Mr. Tilden. ‘The constitution has provided for no person or bedy , $@ Dotify the House that there has been no election for President by the , Bor, by deciding whether to make or Botification, to judge of that fact, but bas left the House solo judge of the happen- ing of the couttogemey cailing for itsaction. As one of the counters of the lectoral vote the House must necessarily Know whether that vote has resulted io a choice, and, so knowing, does not re notitica- tion of the fact, Accordingly, bad the constitution Ngee for a notificarion to the Hoyse, it would have ju tO make its action im that respect dependent On some other judgment of the bappening of that comtngency than its own. But instead it leaves the House to act upon its own knowledge, independent Of the action of any other body or person, aud directa the House 1 that contingency, of which it necessarily bas kuowledge, and ig itsel{to be tho judge, to pro- ceed to choose a President, And to whom could the question of whether tho power wus to be exercised be so properly committed as to the body which is to exercise the power, to that great popular braach of the government which spe- cially represents the peopl whose membors, of all those connected with the I government, are aloue elected by the peuple. Having, then, the ordinary and usual authority of a every superior A ested with the exercise of, ‘a supreme function, of determining for itself the vccasion when it mi be law. fully exercised, and having. therefore, the authority to decide tor itself whether a Preside! has been chosen by the electors or not, and, if not, to then itsetf cheose the Presid dispute the authority of th House of Representatives may thus choose? TALKING KEUELLION. Gentlemen who talk ligntly, therefore, of having the Vice President or tho Senate receive and count t vote of Louisiana against the objection of the Hou: or of ehoosing.some v vic man President of the penato that they may &@ forcible oficer to lead party atter the 4th mio Which General yote can be counted without its con- currence or * Mts Judgment and direc. jon. Whomever, the vote so counted, shall r to have Majority appointed will be President, aud the democratic party ag ruch; and whomeve: President the popular branch of the gov- due torn, choose to be Presi- dent, will be so accepted by them; and it will be those who may see fit to reset the Exocutive, thus lawtutly electod, who will be delying the law. And even if there has been an omission tn the con- stitution, so that, strictly, no one may be elected uo- cording to its provisions, what could be go to accord with the spirit of Executive, chosen by House of Representatives, acting by’ States? fs, choson by men elected directly: by the people, as the — electors are, and acting by States, as the efectorsdo, It wi to the House That the constitution committed ti election of a President mnly contingency of faljure to choose by electors foreseen, Had tho Convention t the contingency now assumed by some ould, of course, have committed the election im sueh contingency also to the House of Representa- tives. CONFORM 10 THR SPIRIT OF TIIk CONSTITUTION, Why, thén, should not this great people torbear strife, and adopt a course which, 1! nu course be pro- vided for by thy constitution, would accord most nearly with the spirit of the constitution The more, us the result thus reached would contorm to the wish of the great body of the people, us just expressed. And here let me add that to talk of » Senate, in which a majority of the Senut represented caw than one-iourth of the people, whose power to choose a President 1s fatlure of the failure of the 4th ing tho goverument the constitution contined, tir+t to the ctors to choose une, and next to the uso of Representatives to chouse one by jou of regula.ly against the chusen by the House of Reprosentatives and backed | in enormous jew of Mr, opular mujorny, seems to me, even v; : rank Bluir’s tumous prophecy, iale. Doubtless the supremacy exergised by the federal own. authority of late years aud the desire of propert ers for order, e¥en at the price of constitution erty, has produced a pretty gencral belief that apy who can command federal troops cun do thing. But he question is not what fe eral troops — cal but who it that is entitled to be wl commander and wholly different question; und, upon that question, | do not Detieve the people will be lound #0 anxious to # fraud to keep the minority in puwer, or so unwi to muimtuin their conat 0 tonal nights us is canained, Truly your obedient servant, CLARKSON N. POTTER, No, 61 Waxt Brnxer, Nov. 21, 1576, VERMONT. MEETING OF THE STAIK LOARD OF CARVASS- ERS—THEY REFUSE 10 RECKIVE EVIDENCE BEYOND THE TOWN ELECTION CERTIFICATES— THX OBJECBION TO POSTMASTER BOLLACE as & PRESIDENTIAL ELECTOR FRUITLESS, \° 4 L9* TRAPRARH_ TO 17e HERALD. } Moxtrsume, Nov. 21, 1876, The proceedings of the county clerks who were in session here to-day at the Stute House, for the purpose ‘of canvassing the votes jor Presiuential electors, were ‘of the highest importance and attended by a respecta- ble audi , consisting of leading members of the General Court and prominent men of the State of both Parties, and representatives of the prominent New York and Boston papers. The Board of Cunvassers was called to order, at balf-past ten o'clock this forenoon, by Jobn V. Hall, of Bennington, who called the roll of members of the Bourd, when it was ascertained that the several county clerks were present, excepting the clerk of Chittenden county, who, boing sick, was represented by adeputy. The oath of office, as re, quired by the statute, was then auministered to the members of the Board, whereupon Hon. Royal Tyi Of Brattieboro’, was chosen Chairman. 8. C. Shurtief, ot Montpelier, desired a bearing be- fore the Board in relation to tho Sollace case, and, on motion of Mr, Hall, counsel was permitted to ad- dress the Bourd, ‘The speaker, afer al- luding to the matter im dispute as a na- tional question of great importance, said | thas the first thought to be eettled was whether the | Board of Canvassers was simply a ministerial body or whether it held auxiliary powers as to the declaration of what electors were chosen by the people. Alter quoting from sections 60 and 620! chapter 1 of the General Statutes, he contended that it was their duty to determine what are legal und iilegal votes, As regards the ehgibility of Mr. Sollace as un elector they should obtuin all the in- formation ‘in their power, T speaker was Prepared to show that Mr. Sollaco was postmaster of Bridport at tho time of the Presdeutial election, und therefore he could not be declared elected. Even though the State statute declares that the five candi- utes having the highest votes shall be declared elected, thet Liner law than this, for the con- stitution of the ed States cxpressly provides that “po person holding any office of trast or profit under the United States shall be an élector.” The mere suggestion to tho Board should leed thom inquire ito the tacts in this case, It their duty to ascertain if Sollaco was ineligible. Here Mr. Shurtief quoted largely trom the case of The People against Nute (50th Now York Re- ports), where the Court of Appeals decided that “it an officer resigued ulter election, but be.ore the votes were counted and the result declared, he was not eligi- bie.’ He also cited various legislative precedents and English decisions to support this argument, The speaker then raised the point that Sollace, very incli- gible, the person having tho next highest number of votes should be declared elected, and spoke of the practice in the joint Assembly. Alter several other technical points raised by Mr, Shurtleff the speaker closed. tT PUBLICAN SIDR OF THK CASE. Hon, F. £. Woodbridge followed im behalf of the re. elector elect, Mr. Woodbridge made a very forcible argument, cleariy defining the du- jes of the Canvassing Board. Mr, Woodbridge con- fended that the duties of the Board wore only minisio- rial, and that beyond these functions the Board bad no power to act or decide; all they had to do was to make ‘their aworn returns to the proper State officers as to the five persons receiving the highest number of votes, and here their duties ended, Hon, Werren C. French, of Woodstock, followed in a brief argument, and advancod the same theories as ex- pressed by Mr. Woodbridge. Hon, B. F, Fideld, "United States District Attorney, then took up the argument and for over half an hour clearly and concisely defined the duties of the Board of Canvassers, Mr, Fitiela cited from numero legal authorities to sustain him in the position he took upon this most important question, His w ment received marked attention from the maoy prom- iuent legal gentiemen present DEMOCRATIC PROTRST, Alter the speaker closed Mr. Shurtleff fled with the Board of Canvassers the lollowing protest: — ‘TO THK BOARD OF CAXVASSERS OF THK VOTES FoR ELECTORS OF PRESIDENT AND VICK PRESIDENT OF THR UNITED STATES FOR TU STATE OF VEKLMUDT, NOW 1X wxssion:— The uadersignod respectfully port to the Seer ry of Stat id State, offeialiy, that of the caudidates' tor ime of such election vo the 7 you to declare the peraou Laving the bighess number of votes duly elected ax an elector of President and Vice President of the United States, and certily the same to the Governor, with the uumber he received. AMOS ALDRICH, GEORGE M. Fisk. Moxrrsuian, Vt, Nov. 21, 1876. FAILURB OF THE OBJECTION TO MR, SOLLACE, ‘The protest was filed, and upon the reassembliog of the Bourd im the afternoon a large assemblage of per- sons were presout. TUE BOARD WILL KOT GO UKYOND THR TOWN CHRTIFI- caTKS. The Chairman called the Board to order, and Mr. Jobo V. Hall, of Bennington, offered tho following resolu- tion, which was unanimously adopted :-- Resolved, That this Board of Canvassers are of the Opinion that their powers are simply mini: that their duties are clu: tho State, and they therelore deci e evidence outside the certi turned by the proper town uathor: CERTIFYING THR RESULT OF TUX ELECTION. Following the adoption of tho resoiution,4he Board examined the returns of votes compiled by the varivus town clerks, approved the sume and deposited a copy 1n the office of the Secretary of State. THE MATTER TO BE TAKEN BEFORE THUR COURTS Hon. George M. Fisk, one of the protesting peti- Moners, informs the HxRaLp representative to-nicht that they shall still furtuer contest the case before the courts and go belore the Stase Supreme Court with the | case. This has been a most tnteresting as woll as exciting contest on legal technicalities, and the question seoms to be growing duly more interesting. The Board of Canvassers, having fluished thoir dutics late this evening, they adjourned. CONNECTICUT. OBJECTION TO TWO OF THE DEMOCRATIC ELEC- TORS, GOVERNOR INGERSOLL AND GENERAL WILLIAM B. FRANKLIN--ACTION OF THE KE- PUBLICANS AS TO INGERSOLL, (BY TELEGKAPH TO THE HERALD. } Harrvonp, Coun., Nov. 21, 1876, Considerable excitement was created here to-day by articles in tho Evening Fost newspaper (republican), alleging that both of sne Democratic Electors at Large are meligible. 1s is claimed that the difficulty in the case of Governor Ingersoll, who led the electoral ticket, is that be holds an appointment as United States Commissioner, and as to General William B. Franklin, of Hartford, that he had held an important appointment from the Troasury Department, and there Wau no proof that he bad resigned this appointment, He was said to be on & commission appointed by Sec- retary Bristow to examine tho alleged irregularities in the construction of the Chicago Court House, Your correspondent hud an interview with General Franklin this evening, sod was salisiied that go far as be 1s concerned a wistuke bas been made. Wheo jutormed of the character of the allegations General Fraukiin smiied and jocoscly remarked that he was sorry that his politica! opponents had given them. selves so much useless solicitat.on concerning his “Why,” raid be, ‘the case ie just this: Ip Auguat, 18 ecretury Bristuw invited several gentlemen as « Commission of Experts to exatnine tho Chicago Court House, I was a member of the commision. We met in September, made our examination, prepared aud presented our report, Teceived our compensution, and that was the end of it. 1 was no more a Coned States oflicer while holding that commission than w lawyer who 18 called ja to assist a Uuinted States District Attorney in somo particular case, He receives bis fees when sho case ts floiebed und nis duties to tue government are at an ond, as mive were when the commission bad presented ‘their report.’ TUE CABE OF GOVERNOR INGERSOLL. Your correspondent, then referred to the case of Gav- eruor Ingersoll, und General Franklin quickly re- marked :— “Lt he 1s a Commissioner ali he has to do is toresign or to convene the State Legislature and bavea heading act passed providing for tlltug the vacancy, a power which is deiegated to the States.” The interview here closed. The case of Governor Ingersoll is of a different nature; ne received his ap- pointment as United States Commissioner from the United States Circuit Court, and the Connecticut Regis. teryhm-oMcial publigution, bas bis name to she list of Commissioners for this year. Judge Waldo, of Hartiord, Clerk of the Court, stated, to-day, thas 1 4s bis impression that Governor Ingersoll resigned tno office avout 1870, when he secured the appointment of bis nephew, Jonathan R. Ingorsoll, as a Commissioner. Judge Waldo stated that while it is probable thut be then resigned his office, the court records do not show e factot resignativn. He ulso said that it bad never been customary to record resignations, Judge Waldo | turther remarked that the attending circumstanc wore favorable to the tact of Governor Ingersoll’s nation because for at least tour or five years past the Court bas not been advised in any manner to show that he has been acting as a Commissioner. Tho Deputy Clerk of the court states that he indistinctly recollects that a written resignation was sent in by Governor Ingersoll, but such lotters are not regularly filed, and it is doubtful whether it bas been preserved, ACTION OF THE REPUBLICAN. Prominent republicans bad a conference here this evoning, and the case of Governor Ingersoll will be lurtber tuvestigated. Tho Board of State Canvassers | will meet here to-morrow to cauvass the electoral vote, and the republicans, through Henry T. Sperry, Chair- man of the Republican Staye Central Committeo, will servea formal notice on them, suggesting that Gover- nor Ingersoll is ineligible, and requesting them to in- torm him, provided they feel It their duty to declare him clected, that Lis right to act as an elector will be contested belore the courts, BOARD OF COUNTY COANVASSERS. HE OFFICIAL VOTK DECLARED—TOTALS ON VARIOUS OFFICES—MAJOBITIZG OF THE 8UC- CESSFUL CANDIDATES. The Board of Aldermen, acting as county canvassers, concluded their labors yesterday iu the announcement of the vote. The following are official sotals ou dif. ferent offices not already published in the Hrnaxp, Jeaving out tho scattering and defuctive:— PRESIDENT. Tilden olector Hayes elector Tilden’s majority... eee GOVERNOR. Whole number of votes Cast,.........seeseeee Lucius Robinson. Edwin D. Morgan. Robinson's majority........ CONSTITUTIONAL AMENDMENTS. Whole number vi votes given ior proposed amendment relative to appointment uf Super- futendent of Public Works.......sesseeeeees Of which there were Ul which there were Majority in favor of......... Whole number of votes eiven for proposed atnendment relative to appointment ut Super- Imvendent of Stato Privons...........66.0e+. 67,861 seeeecersececces 66,733 Of which there were “Yor Of which thore were “No” Majority in favor of...... J MAYOR. ir. Smith El John A. Bi Ely’s majority......-+ SHKRIVE, Bernard Reilly... Wiliam H. Gedney. Reilly over Gedaucy, George W. Sauer. Henry A. Gambleton Thvumas Murphy majority co! Richard Flauegan Gambleton Croker over Stiner, seeeeneeeeee SUPERIOR COURT JUDGES. Jobo J, Freedman Houry J. Scudder, sURROUATE, Delage ©. Calvin... Charles A. Peabody Calvin's maiority........ a [PROGRESS Official Action on the Election Re: sults in the Disputed States. SOUTH CAROLINA’S MIX ee ED VOTE, Argument Before the Supreme Court and Report of the State Canvassers, LOUISIANA’S RETURNING vuARD eaniooaaneienees Returns from Seven Parishes Passed {'pon— Better Feeling Mauifested. FLORIDA IN COURT, Governor Stearns Enjoined Not to Canvas the Electoral Vote. In each of tho States whose vote on the Presidential issue is undecided official action was taken yesterday. The South Carola Su preme Court beard cluborate argument irom aye counsel ou the powers and I witutious of the State Board of Canvassers. That Bourd presented its for mal report, iu accordance with the county returns, ag alreudy publisied ; und the Court tuck into considers ton certaiu proposed iustructions ty guvern the action of the cauvassers, Orders of the Florida Cireait Court temporarily restram uvernor Stearns from acting as cunvasser of the electoral vote, and cited tho Returoiug Board to answer, to-morrow, @ petition for un order that they once begin the canvass of the State vote, thougu the returns from several countios are yet lacking Ver. mont’s State Board refused to consider evidence us to the alleged ineligibility of Mr. Sollace as one of the Pres.dential electors, and the vote of the State was recorded as having chosen all the candidates up the Hayes ticket, FLORIDa. GOVERNOR STEARNS UNDER JUDICIiL BE« STRAINT—THE CIRCUIT COURT TO BEAR Ab GUMENT TO-MORROW ON HIS ALLEGED RIGHT TO CANVASS THE ELECTORAL VOTE—CITAn TION TO THE BARD OF CANVASSERS, [BY TELEGRAPH To THE HERALD.) TaLLauasaus, Nov. 21, 1876. The democrats scored the tirat decided advastage in the campaign to-day in securing two Circuit Court of- ders trom Judge White. ‘The tirst order demands that tne Governor shall be present and show cause before him, ut Tallubassee, om Thursday next at eleven o’clock, why be should not bo permanently enjoined trom canvassing the returns of the electoral vote tv the exclusion of the Stato Board of Canvassers. In the meantime be is restrained, by order of the Court, from ‘*making out, siguing, sealing or delivering, as Governor, to or im fuvor of any person or persons, any certilicate or certiticates as elector or electors of President and Vico President of the United States, as having been chosen or appointed ‘at the election huid in the State of Florida on the 7th day of November jast., unloas such cortifleate ur certit. teates shall bein accordance with or pursuant to the declaration and desermination of the Board of Van- ‘Vasscrs provided for or constituted by tho act of the Leyislatare of Florida, passed February 27, 1872, titled *Ap act to amend an act to provide for the Fatjon of elestors and the boldivg of elections, Dfeivel Augist 1808,7 SERS. gf Se RVPXCT OF THE ORDER. This order givos the democrats great encouragement and is correspondingly demoralizing tw the republicans who were not expecting any such action by tho Court, ‘Tue injunction was delivered to Governor Stwarns by the Democratic State Committco, who stated t appeared in the matter simply for the reason that the paper might como from their hands with more grace and courtesy than from the bands of the officer of tho Court, Govervor Stearns appeared to be considerably astonished, but \vok the matter quictly and pleasantly, GOVERNOR STEARSS’ INTENTION PRUNTRATED, © There is bardly an admissible doubt that the Gov- ernor had intended to assume the power of cate vassing the clectoral returns, upd was likely to do so at any moment bad he not beeg | restrained by this injunction. ‘Tbe more desperatg of bis advisors contend that there ts u question as t¢ whether an injunction from the Cireuit Court cap ree strain a governor, and be may be urged to even distros gard the edict of this Court, 1t 1s believed, however, that be will yiela to more moderate counsels, and will appear before the Court, as cited, on Thursday, uud detend bis jurisdiction. If bo 1s beaten there be cap appeal to the Supreme Court. UNCERTAINTY AS TO HIS ACTION, Your correspondent waited on the Governor to-nigiR and asked him whut course be woula pursue in the matter. He replied, “I have not seen tte bili on which the restraining order was issued, and of course, am ‘unable to say what [ shall do.” TUE STATE BOARD IN COURT. The attorneys tor the democrats also applied for « mandamus on yesterday to forcethy Board to com ‘monce canvassing the returns alruady 1m, as 1; wag un- ounced io the Huratp they would do. The Judge | Yetued am order to euch of the members of tho Can- vassing Bourd, demacding they appear on Toursday | wefore him and show why they should not be directed | to proceed at once with the canvass of the returns, | Phese papers were sorved by the Shoriff, late th: | evourng, and together with injunction against t | Goveruor have put the republicans into quite a flatzor. The Board will make their case, Tho Court will thue have the two cuses before it at the same time, As the cases depend on each other, of course, it the Court decide that the Govornor has the right to caa- yass the votes, the bill asking for the order compolling the Board to canvass will {all to the ground; 0 if the Mandamus ts issued the Jujuaction fullows as a matter ‘of course. Judge White is quitean able lawer. [t is said bis { decisions have nover been reversed before the Suprome Court io w single instance. POLICY OF THE TWO PARTING, The work of the past two days bas markedly de, veloped the diverse policy of thetwo players im this shrowd gaine oo which such tremendous stakes are hanging. The democrats aro rushing every- thing to trial, the republicans are delayiog mattet by every possibie means. If the democrats could bave what they wished they would Bave the Board of Canvassers meet to-morrow, adwit doth sides to « hearing have a tull and complete investigation of the whole matter, with a dedisien from the Board altor the argument had been ¢x- bausted, Kvery step that they 9 taken looks to this end. The republicans would be pleased to bave the cauvassing postponed to the very last moment, s0 shat the Board woald either fail to meet at all, and thas give the Governur the ples of nevessity im canvassing the clecioral vote and iggu- ing his certificates ou the 6th of December, or if the Board did meet, to have it meet so near the 6th that there would not be time for a fall investiga- ton into the pointe of contest. This is essentially the position of the wwo parties, There are, however, somo republicans who do uot favor the evasive course to which their party bas so plainly committed itself, One of the republican leaders bero to-day, distin- guished for bis fairness and sincerity, said to your correspondent:—‘‘While I doubt if, under ordinary cireumstancos, tho Board should open the canvass beiore returos tbirty-0%b day arrived, still if the revwrns to not reach us Girestly, ‘abd there seems to be a dauger of the postponed on account of their delay, thero will Bot be time for @ full shoald be disposed te take the lesser