"As rules, moreover, they bind only the particular Congress adopting them; and do not lap over, save by acquiescence, express or implied. Hence, as I've said, the 22d rule is dead till revived as suggested, and has therefore no application to the case between you and Hayes.
"But to the general issue. In the event it should be formed from any cause, real or supposed, and purely in the opinion and discretion of Congress, neither you nor Mr. Hayes has the requisite number of 185 electoral votes required to confer the office, then to my apprehension the 12th amendment becomes the law of the case—exclusively and supremely so.
"You are familiar with it.
"It refers the whole question to Congress, and if, upon a review of the facts in the case, if it should decide there has been no election and the two Houses can't agree that there has been, whether the disagreement is real or feigned, then the House must choose the President and the Senate the Vice-President.
"If you will carefully consider the amendment, with the history of the question of electing the President in the Madison papers, you will, I think, agree with me that Congress is empowered with power similar to the omnipotence of Parliament in the premises considered.
"When I remember the House is Democratic I rejoice greatly at the fact, and esteem it most fortunate for the whole country, for your election is certain.
"Although, sir, a very stranger to you, I am, nevertheless, a lover of my whole country—desire peace and the prevalence of law and order, and the perpetuation of constitutional liberty. And with the hope, possibly, of exciting in your mind a new and perhaps valuable train of thought upon the subject, I have ventured to write.
"If you find anything worthy of your consideration I shall be gratified to know.
"With the greatest respect and prayers for the prolongation of your life, I am,
"Your obt. Servt.,
"H. A. Pope."