Page:Speeches, correspondence and political papers of Carl Schurz, Volume 3.djvu/366

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340
The Writings of
[1876

with them and of determining the final result, has become a matter of dispute between interested parties. No doubt all patriotic citizens desire only to have the offices of President and Vice-President awarded to those who have been rightfully elected to them, no matter to what political party they may belong. As for ourselves, we have heartily and actively supported Governor Hayes for the Presidency, believing that his election would best serve the true interests of the Republic. But we deem it of far greater importance that the future President of the United States should have a clear title to his office than that he should be the man of our choice. We hope every patriotic Democrat reciprocates that sentiment. But how is that title to be established so clearly that it may stand above all doubt and cavil? We hear of charges of fraud, intimidation and terrorism with regard to the election in several States, as well as charges of sharp practice and illegal proceedings in the operation of canvassing boards, and there is reason to anticipate acrimonious party contests in the final counting of the electoral votes and the determination of the result.

The Constitution provides only that “the President of the Senate shall, in presence of the Senate and House of Representatives, open the certificate and the votes shall be counted.” As to the meaning of that clause there are grave conflicts of opinion. It is held by some that the President of the Senate alone is invested with the power to count the votes and declare the result, the two houses of Congress being mere witnesses to the act, without any authority to interfere. It is held by others that the two houses of Congress have power to direct the counting, and, if they see fit, to throw out the electoral votes of a State, but only by concurrent action. By others still it is asserted that an objection sustained by either of the two houses is sufficient to exclude the electoral votes of a State from