The New York herald., 1876-11-11

constitution Several Of the State constitutions pro-
vide that the Governor and other periodically elected
officers shall hold in OF non-election or OF
the silure to make legal declaration OF election pus
there Is unfortunately, such provision IN the con-
sttuion OF The United States
What would DO the remedy, and Is there any
remedy, IN tho 4th Of March should arrive with
out any lawful determination OF the two houses OF Con-
gress in this rcspectr
A. can imagine several remedies growing out ofthe
necessity OF thiLgs but all constitutional
no not believe however. that any such contingency
wiz arise The people OF tho United States are habit
ua'ed to the practice Of selfgovernmenL they arc
distinguished among all the Of tho ~orid BY
their practical good the conduct OF public
ailairs We mover have military pronunciamienfos,
such as occur SO frequently in Spain and Spanish
America We arc not prone TO Instructions, either
large or on a small scale. We shall do nothing TO
overturn the government abruptly and under sudden
Impulse We have had civil large scale once,
but that was entered upon deliberately and full con-
sdcraon through the action OF the State
oil the separate states OF tho Union there and there
only lies the danger Of civil the United States
OF other effective action toward breaking up the
machinery OF the government OF the United States.
But in the contingency We are supposing, the state
governments do not intervene Tho precise question
aouss q hsy
push tine matter 10 The last extremity,
that Of keeping tho count open and
| l do not think have any believe they will
be guilty OF such conduct which, while unDatrotc 10
the last degree, would be insanely nexpcdent in
far as regards their party For the question
sectional and does nat involve Sectional d.
vision OF the United States Democrats and republi-
cans are mixed together in all tho states OF the Union
and It quite absurd therefore, 10 suppose that tho
| democratic House Of Representatives, will promote
war which could not be civil war between one
section OF the Union and another section. but ia tue
heart OF everv OF tho individual States Of the Union
Hence utterly reject aud discard all superstition of
| any such extreme action part OF the present
| House OF Representatives
O. But suppose do discard all idea OF civil war or
OF the promotion of II by the present House Of Repro
sentatvcs st may not the difficulty drift on TIL tho
4Ih OF March so leave the country without duly
| A. do not think that will happep, for that also
| would be utterly Incompatible with the quality ol
practical good sense which distinguishes the people Of
tho United states and their representatives in tho two
houses OF Congress- We are IN fact considering all the
hmc what tho democratic majority in the House Of
dier with tie senate the point the effect will DO in
the rst place leave the OF the United
| is now administered. The failure elect TO
declare elected tto new President does not dissolve
the federal cours II does not stop tho collection of
revenue internal or externa It does not dsplace any
OF the heads Of departments, executive commissions,
foreign Minister'S. or any other OF the civil employees
! OF tho government. All these persons viii continue
in Office, and would, in my opinion, be competent tor
| the discharge OF all their duties, cvcn in the
contingency Of the temporary nonexistence OF
] any President OF the, United States That Is
| not state or things which tho democratic
| House of Representatives be supposed desire
Nor, although the constitution does not expressly
vide that in Of election the existing Prosi-
| dent shall hold over until new election shall have
been duly effected, yet t would be rash to argue
that such is the implied meaning Of the constitution
Doctrines OF public law, as illustrated IN the State
constitutions might we'll come raise such an
| pcation the lace o. the constitution. In that
event. General Grant would continue to exercise the
functions OF President II 1t be alleged that this
| Is violent construction Of tho constitution
reply that it would be much moro violent conslruc-
tion OF the constitution to MAINTAIN that II Intended
CONTINGENCIES
ment OF the United States shall be Lett without any
head-in what Is called some countries acepha-
ious condition Ir any dem mocratic statesau srinks
from such supposition ho will shrink in like man
ner from forcing on such contingency. While IL is
not TO be imagined that the democratic members OF
tho present House ot Representatives will undertake
| to get up civil war IN every State OF the Unon,
neither is It to be imagined that they will pursue
| course which shall necessarily result In leav-
| ing the government not only under the direc-
,ion tue existing %omOors no o. .ae Cab,
| the change Of President, and who therefore, hold
over legally, but may be inrthe hands OF President
| Grant hmself Once at least In the history of tho
United States occurred that twentyfou elapsed
after the death President before the
sion OF another During those twentyfour hours the
government went smoothly enough in the hands OF
heads OF departments II IL can do so twenty -four
hours can do so twenty-four days or weeks 1t is
true the case has occurred OF the President
ing over but that would bc much less departure from
than the nonexistcnce OF an executive head Of
the government Just as 1t is said that nature abbors
a vacuum, II may be said that political society
abhors and fcpes the non-exs,ence OF government
i O. however
the House Of Representatives should. either by deb-
crate intention by undolibcrate inattenon, leave
the question open until the Ain of March, when it
ceases TO exist House, and count according to
the forms OF tho constitution becomes impossible,
| would there be any remedy
4 do not admit the probability scarcely the posi-.
bility or such contingency. II IL it is with
out any specific provision in tho constitution. In that
event would, in my opinion. be tho right and duty
Of President Grant to summon Immediately the new
Congress, and II would be the duty Of the Con-
gress to devise remedy which, II not literal
| formity with any provision OF the constitution. yet
should observe rs spirit and approximate nearly as
possible to It's letter There is law higher than all
written constitutions: Il IS the law o. sclfexs,encc,
and that would be the law incumbent upon tho two
houses In Congress.
MR. MERRicK's OPINION.
Mr. Richard T. Merrick. whose views were given
you very briefly last evening" and whose opinions
Of importance account OF his long practice the
United states Supreme Court and recognized leader
ship at ihc Bar OF Washngton does not wish 10 be
understood saying that the constitution makes the
Senate the highest tribunal in passing upon the votes
| OF the Electoral Colleges. On the contrary, he be-
lieves thut the constitution has provided no
ultimate tribunal whatever for this purpose and this
was one OF the few defects In our organic law Its
requirement. in reference the electoral vote tha,
the electors shall the electoral vote OF tho col
legcs In tho several states signed ana cerincd 20 by
OF the Senate; that the President Of the Senate
qurcd opcn the certificates in tho preselce OF the
senate and House OF Representatives, and that tho
vote shall then be counted without saying by whom
the counting should be done. II there is any
ultimate tribunal at all it is the JOINT conven-
t,on OF the two houses, which might claim to
be such by implication. on the ground that
the positive direction that the certificates to be
opcncd aud the counted the presence OF the
two houses
Mr. Merrick also says, that u is apparent that Mr.
Tdcn had 200 900 and 800 900 majority OF
popular VOTE and that conceded that he has
majority OF the electors, fairly elected by the people,
II the popular will should be defeated by any iraud
practiscd upon the returns seemed at present to
be the design of the radical party he apprchends the
most and disastrous consequences TO tho
| try And when asked where he thought the disturb
| ancc would commence in such event. he replied.
that he could not say, but believed II would spread
over the entire country; that the people were in nc
mood 10 be trilcd WITH cheated out of their liber
| ties ana would insist having the substance OF
| free government. well as its form.