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T IE REGISTER.
CONYERS,UA., THURSD\Y DEC 21, 1870.
MR. STEPHENS’ VIEWS.
National llotki. )
Washington, l\ C., 1 >e(-cml)ei 0, 1876. )
Messrs. 1 Valsh <k Wright, Editors of
the Chronicle anti Sentinel, Avgusta,
Ga:
1 send yon enclosed nil editorial s i|>
from the Union, of this morning, the
new Democrat paper established in lliis
city. The title of the article is‘Consti
tutional vs. Revolutionary Methods.
Will voa please {publish it in your pai
per In full, with this note from met
The article more cotnplcUljr coincides
with my own views on the pnaeut situa
tion thin anything 1 have teen from
any other quarter. I am in daily toj
ceipt of letters from all parts of the
State, and especially from the Eighth
District, inquiring my views upon the
BDhject. 1 think it best, therefore, to
answer all in this way. I could not ex
press my ideas moro clearly than they
arc set forih in the article referred to,
Your®, most respectfully,
Ai.EXANUF.it 11. Stephens.
CONSSITI TIONAL VS, RbOLUTIONAKY MeTII-
OHS.
I here are but three methods provided
by the Constitution by which a Prcst
dent may be elected. Any departure
from these method®, no matter by whom
meditated or attempted, is revolution.
First.it is provided that each State
shall appoint, in such manner as the
Legislature thereof may direct, Presi
dential electors. These electors must be
qualified persons. ‘No Senator or
Representative or person bolding an of
fice of trust or profit under the United
Stales shall be appointed an elector.’
These electors are required to meet in
their respective States, to vote by bal’ot
for President and Vice-President, to
certify the result, and to transrrrt the
certificates, signed and sealed, to the
seat of Government, directed to the
President of the Senate. When the
President of the Senate shall, in tliei
preseno of the Senate and the House of
Representatives, open the certificates,
and the votes shall then be counted, the
person having the greatest number of
votes for President slia’l bo the Prcsi
dent, if such number be a majority of
the whole number of electors appointed.
Ttus is the first method. If, however,
no person have such majority, then,
from the persons having the highest
numbers, not excei ding three, the House
of Representatives shall choose bninc-
dialely, by ballot, the President, voting
by States, the representation from each
State having one vote, and a quorum for
the purpose consisting ot a monitor or
members from two-thirds of the Slates,
and a majority of all the States be
ing necessary to a choice. This is the
second method. If the House of
Representatives shall not choose a
President, whenever the riflit of choice
shall devolve upon them, before the 4th
day of Mai ch next following, then the
Vice-President becomes President; the
Vice-President being(l)the person hav
ing the greatest number ot votes as
Vice President, it such number shall be
a majority of the whole number of elec
tors appointed ; or(‘2)if no person have
such majority, the person chosen as
Vice-President by the Senate from the
two highest numbers on the list, a quo
rum ot the Senate for maxing such
choice consisting of two thirds of the
whole number ot Senators, and a major
ity ot the whole number being necessary
for choice. This is the third method
and exhausts tlio constitutional plan. It
is the fashion just now to speak of that
plan as a failure, and ot the questions
arising out of the recent election as n
‘constitutional muddle.’ Such lan
guage implies a very imperfect acquaint
ance with the provisions ot the Consti
tution. It is difficult to sec what more
the wise trainers of that instrument
could have done to meet by anticipation
every possiblo contingency. If any
‘muddle’ exists it is only in the minds
of those who cannot or will not under
stand the Constitution, or who seek a
solution of present difficulties by uncon
stitutional means.
We have, in regular order, their re
spective powers ami duties assigned to
the electoral colleges, to the House of
Heprcaentaiivea, and to tlic Senate.
Each body has its appropriate duty to
perform at its appropriate time. If no
one lias a majority of the whole number
ot electors appointed, the House elects.
It the House fails to perform its duty
by the 4th of March, the Vice-President
becomes President, provided one has
beer, chosen by the electors. If no f , the
Senate elects the Vice-President, who,
by virtue ot the constitutional provision,
becomes the President A a the func
tions of each body are separate and in
dependent, neither has any right to con
trol the action of the other. The Senate
has no more right to interfere with the
House, or to dictate to the House, when •
ever the right of- choice of President
shall devolve upon it, than the ilouso to !
dictate to the Senate in thj matter o!
tl oosing the Vice President; or either
nouse, or both Ho 'ses, to dictate to to.
•l--oral colleges. For the express | im
pose, it would seem, of avoiding any
possible conflict of authority or jurisdic
tion, and the perilous const quenccs of a
disagreement between the two Houses,
the powers of one House do not come
into p'ay until those of the other, touch
ing the matter, have been exhausted.
The powers of the Stay* electors are
exhausted when they I nve east their bit!
lots, and signed, sealed and certified to
the result. They lire then fundi officio
The power of the 11 mse is exhausted,
if they shall not choose a President,
wh never the right of choice shall de
volve upon tin m, before the fourth day
of March next following. Then, and not
until then, and only in the furfher con.
tingeocy that no Yice-Prt sideiit has
been chosen by the electors, is the ques
tion remitted in any Conn to the Senate.
There is no concurrence in point of
time, still less iu point of action, re
quired in performance of their respec
tive duties by the duty is devolved at dif
ferent limes, under difforint circum
stances, or electing ft* President, Colli
sion can only come from the revolution
ary and uunurthorized attempt of one
body to intrude itself into the sphere ot
duty assigned to another. It may come
from the extraordinary and unrounded
assumption on the part of the presiding
officer o) the Senate that he is the per
son who is to decide whether there has
been any election of President and Vice
President by the electoral college, and
whether, therefore, either House has any
constitutional duty to perform in the
premises. This theory makes the Presi
dent of the Senate the judge of the pow
ois of both the Houses. It does more.
The electoral colleges do not declare the
result ol the election. For that pur
pose a count of the votes is made neces
sary by the Constitution. Only the
persons having a majority ot the whole
number of electors appointed can be de
dared elected, and no person can be ap
pointed an elector who is under any ot
the disqualifications mentioned in
the Constitution To exercise the
pow er which isclaimed for him, of coun
ting the vote and declaring the result,
the President of the Senate must, there
fore, uot only act ministerially, in can
vassing the vote, but judicially, if any
question arises upon the genuineness of
the certificates, which may he falsified or
forged ; npon the legality of the appoint
merit of theelectors. and upon their quali
fications. How is lie to decide these
questions? Of his own knowledge or up
on evidence, after a hearing? Whence
docs he derive these or any judidial funi
lions under the Constitu ion ? That in
strument does not even givo him the
power to count the votes. It only say lie
“shall open all the certificates,’thus ex
pressly negativing the assumption that
where there is more than one certificate
from the same Slate the President of the
Senate may decide which is the proper
and legal certificate to be opened. No
such power in the President of the Sen
ate was ever dreamed of by tiie framers
ot the Constitution, or is even hinted at
in any ot the debates which proceeded it's
adoption by the States, un i no such
power has ever been exercised. It is
contrary to the whole spiiit and intent
of that instrument. It has frequently
happened that the Vice-President has
been a candidate for the Presidency
Such a theory would have made him
the judge of his own election. Now that
there is no Vice-President, and the
President of the Senate is the mere
creature and appointee of that body,
such a construction would be practically
conceding to the Senate exclusively a
power over the electoral vote which the
theory itself denies >o both Houses con
currently, and might be made the means
of depriving the House of its conslitu.-
tional function in the election of Prcsi.
dent. The assumption of any other
power by ’.he Presidenttof the Senate on
the occasion of canning the electoral
votes than that of simply opening all
the certificates, ‘or so many of them as
have been received' (Revised Statutes
United States, section 14*2), would be a
usurpation as dangerous and intolerable
as the forcible seizure of the Government
itself.
B The only other method by which a
collision between the two Houses mid a
consequent frustration ot the constitu*
tional plan of electing a President can be
brought about would be by the assump
lion by the Senate of the same power,
which, upon the theory we ham been
discutsing, is claimed lor tho President
ot that body, viz: ofdeciding whether the
contingency lias afisen w lieu the House
ot Representatives has the constitutions]
duty to periorm of electing a President.
It is the assumption that the concurrence
of the Senate, iu other words, its permis
sion, is necessary to enable the House to
perform a duty which, under the Oonsti
tulion, the House alone is authorized to
perform. Not only is this contrary to
the fundamental rule of constitutional
construction that the duty to do an act
upon a certain conlitingency implies the
the power to decide whether that contin
gency has arisen—it is equally opposed
id the whole tenor of the constitutional
provisions defining and distributing the
separate functions ot the Electoral Col
lege, the House, and die .Senate, in ref
erence to the election of President and
Vine-President. Fettered by Ihe neces
silv of obtaining thej permission ot the
Senate before it can proceed to elect, the
House might be debarred ‘altogether
from the eytercise of its constitutional
right. An ambitious Senate, desirous ol
absorbing all powei in its own hands,
and especially that of controlling the
election of President, would find it east
to accom; lish its purpose. The framer*
o! the Constitution were not guilty ot
the folly of thus providing beforehand
for the certain failure of their carefulh
devised electoral system. Amid all th<
‘cheeks and balances’ ot the (Jonstitu
t on, the wisdom ot none is nice appa
rent than the careful adjustment and
separation of the functions of the two
Houses in this important matter. W
doubt whether it is possible, by an)
amendment to the Constitution, to
improve upon the system it provides.
We aresure that this is not the time for
the House of Representative to think of
abdicating its cor stitutiolial functions,
either in favor of the Surpreme Court or
any other tribunal. Only high-handed
usurpation and open revolution can rob
the House of its rights, or prevent the
settlement ot the great vueslion now
agitating the countiy by purely constitu
tional intrenched methods.
Woman.
A woman in a neighborhood is cnly
exceeded by .-mother woman. She ‘can
love truer or hate worse than the men ot
ordinary calibre.
She can make ot a home a little heav
en or a litt’e hell, on less capital than
any other business canjbe carried on.
She can make a ten or hundred dollar
bill go up, O ! so quick.
She can drive a man out of a house it
her tongue bo working all right quicker
than beast Butlot could get away with a
s t of spoons.
She is better than pine or stojie coal
for keeping a neighborhood boiling hot
and home more unendurable than a burn
on your first thumb joint, all the time
making you think she is a package of
refined innocence, a saint, a favorable
angelic advertising agent for Gabriel.
She can kiss another woman ‘sweeter
and then la ! k about her worse than one
ot these Refoim Republicans can talk
aloul the President.
And she knows mote by intuition of
all the affairs of the neighborhood than
Grant knows about his relations or the
post office presents he receives or is to!
She can be nicer to a woman she hates
than a carpet-bag politician is to a negro
before lie has voted.
She can walk further to display anew
dress than a loyal or disloyal contra
band could travel for chickens in the
nigl t.
And Gol love her, il she loves a man,
she will stick to li’in longer than the
Dent family will to the immortal speech
maker Uiysses!
J j
Like dollars, good women are hard to!
get, hard to keep, bothersome to look
after, hut here is a conundrum ! How
can wo get along without them !—Brick
Pomeroy.
A western judge recently constructed
the longest sentence on record. He
sentenced a murderer for life, and after
wards added two more years to the sen
tence because the prisoner called hint no
gentleman.
A Chicago women swore at her hus
band tbe other morning till she was blue
in the face, just because lie wouklen't got
up at 4 o’clock and put the pitcher out
ou the front stoop for die milk man. He
got even by getting out a writ of wo
luandus for 1 er the first thing that day
A gentlemen, on walking out one
Sunday evening, met a young Scotch
peasant girl, whose parents lived near his
house. ‘Where are you going Jenny?’
said he, ‘Looking tor a son-in-law for my
mother, sir.’
Increases the Quantity. Improves the Quality.
ARMS T KONG’S
UNcom iimn powder.
GOOD FHESH BUTTER AI.L THE VEAR ROUND,
BUTTER IN 20 MINUTES.
Lincoln Butter Powdei is an entirely harm
less article made from a cerebrated English
recipe, and now in daily use by many of the
most no toil farmers in the butter counties a
round Philadelphia.
In hot weather this Powder makes batter
much firmer and sweeter than it usually is, and
keeps it from turning rancid. It also removes
the strong flavor of turnips, garlic, weeds, corn
stalks, cotton seed, etc. : and the increased
yield of butter much more than pays the tri
fling expense of using it.
35 CENTS PEK PACKAGE.
WHOLESALE I EPOr:
106 MARKET S i„ PHILADELPHIA, PA.
v11n044-Gni
"AGENTS - WANTED for the STORY of
CHARLEY ROSS.
Written by his father. A complete account
of this mysterious abduction and exciting
search. With fac-simile letters and illustra
tions. Outsells all other books. One agent
took 50 orders in one day. Terms liberal.
Address. John E. Fcttsb i Cos., Publishers
Philadelphia. 4w
THE
mCMOULB
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PUBLISHED EVERY THURSDAY,
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Will giro you the General sad Local News.
Dcmocratio at alt times and under
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The Political Campaign for 1876—tha Cen
tennial year—is now opened.
‘SUBSCRIBE FOR THE “ REGISTER.”
And koop pistol on tho coming issues of the
day.
Within the next six months, every elective
OTice in tho United States, from Bailiff to
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The Campaign will be “Red Hot and still a
Heating.’’
The mort vita’, issues are in]this Campaign
Subscribe for Tax Rboisteb, the Old Relia
le, aDd keep up with the Times !
BANKRUPT SALE
OF MILTON GOLD JEWELRY.
GREAT FAILURE OF THE
Milton Gold Jewelry Company, in England.
The'.r en'ire stock consigned to us to realize mony
Everybody has hoard of Milton Gold Jew
elry, it having been sold in this market for
ten years, and worn by the best and richest
(lass of our population Still, it takes an ex
pert jeweler to discover Milton gold from Vir
gin gold We will send for the ninety days
only the following articles by mail, post paid,
on receipt of 50 cents :
One pair Elegant Sleeve Buttons, with
Independence Hall engraved, retail
price, $1 00
One set Spiral Shirt Studs, retail price... 75
One beautiful Coral Scarf Pin. retail price 75
Ono elegant Gents’ Watch Chain, latest
pattern, retail price, 1 50
One Collar Button, retail* price, 50
One elegant Wedding Ring, very heavy,
retail price, 2 00
Total $0 50
Remember, we will send you the above
named six articles, which we have retailed frr
$0 GO, by mail, post paid, for 50 cents, or 4
sample lets for .p 1 50, and 112 sample lots
for $4 00.
Satisfaction guaranteed or money refunded
Address
WILLIAM W. BELL & 00.,
Importers of Watches and Jewelry,
8 North Seventh St„ Philadelphia, Pa,
Please state where you saw this advertise
ment 10-4 m
THE AUGUSTA CONSHTUHOKAHST.
o
OLDEST DEMOCRATIC PAPER
IN THE STATE.
PUBLISHED
DAILY, TRI-WEEKLY & WEEKLY
AT AUGUSTA. GA.,
Cheapest Daily in the South !
DAILY:
One Year, SIX DOLLARS
Six Months Three Dollars
Three Months One Dollar and Fifty Cents
TRI-WEEKLY:
One Year Four Dollars
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Full Telegraphic Dispatches from all
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Market Reports ! Interesting and
Reliable Correspondence from all parts
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Georgia and Carolina and Local News
A SPECIALTY J
Address,
THE CONSTITUTIONALIST,
Augusta, Ga.
Scientific Farmer.
Science is knowledge : scientific is knowing :
just this and nothing less or more.
Should be taken by the intelligent farmer.
Gan be of Use to every good farmer,
In practice, most practical.
Enters every State and Territory.
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In all things truthful und accurate.
For one year, but one dollar.
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Remember the Scientific Farmer saves und
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Address,
SCIENTIFIC FA I! M Eli CO.,
Boston, Mass.
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H HE G H E A T KSTAY ORG AX !
-'Til It MOST EXTENSIVE ORGAN* MAN UFACToE Y i* the WORD J
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The only organ manufacturers who give written warrantees. Special discounts to Chari*
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and for Illustrated atalogues to Cr. P. Guilford, Southern Agon
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r £he Greatest Medical Discovery
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It* operations are quick and sure: and it never fails to cure.
Thankful for the very flattering reception the Female Regulator has met with from all I"*
tions of the country, the Proprietor begs to announce that he has largely increased his ,
facturing facilities, and hopes that before long he will be able to place within the rear
every suffering woman, this, the greatest boon of her sex.
PRICE 1 5 per Bottle.
BST'Sold by all Diuggists in the United States.“©B
L. 11. RRADFIELD, Atlanta, Georgia, Proprietor.
READ! READ!!
It is well known to doctors and ladies that woman are subject ta enormous diseases r oc ,"
liar to their sox, —such as suppression of the menses, whites, painful monthly pe rl<^ l ’ c “ !
rheumatism of the back and womb, irregular menstruation, hemorrhage or excessive
prolapsus, uteri, or falling of the womb. . , <(f
Bloom\nrj.in all her Prist, e Beauty, health, strength and elasticity. Tried doctor e/tef’ ' ‘
Rutledge, Ga., February 1?-
This is to certify that my wife was an invalid for six years Had disease of the wom ’
headache, weight in lower part of the back; suffered from languor, exhaustion and
kess, loss of appetite and flesh. She had become so exhausted and weak, her fritn “
apprehensive she would never get well. Tried doctor after doctor, and patent mei.mm_
and despaired of her improvement, when fortunately she c mmenced on Dr. Bradfie.
male Regulator. She is now well; three or four bottles cured her. Improved in
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ward yon as her savior from the dark portals of death, —and' my benefactor. Maycttaß P.
ow never grow less, and you never become weary in w-ell-doing. JOHN St
fcTFor Sale by W. H. LEE and .TONE'S & CARSWELL lonya-, ua-
||T £ fi | f. gi (■ | g ft ££ jn*
Tojtlic Working Glass.—w e „ P
prepared to furnish all c’ahses with . *
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proportional sum by devoting their whole ti
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much as men. That all who see tins Bo ,:“
may send their address, and test the busin ’
we make this unpamdleled offer: To such
are not well satisfied we will send one deli' !’
pay for the trouble of writing. Full partT'
lars, samples wort several dollars to 0001111™”'
work on, and a copy of Home und Fireside ,7
of the largest and best illustrated publication
all sent free by mail. Header, if you want iv '
manent, profitable work, address, (Jeo s-T.'
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Agents. Investigate the merits of the l'l, u
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