New-York tribune., 1876-11-20
THE ELECTORAL MACHINE.
DEMOCRATS CANNOT REVERSE 1T.

|
REsULr-wHT THE MINORITY OF THE HOUSE
CAN DO IF THE MAJORITY ABSENT THEMSELVES
WHEN TIE VOTE Is CoUNTED-PREsIDENT GRANT
| NOT DISPOSED TO HAVE THIRD TERM.
| iFRoa STAFF CORRESPONDENT OF THE TRDUYE.l
| WASHINGTON, Nov 1S.-Thc more one examines
the Electoral College machinery, the more clumsy,
rickety, and dangerous it appears to be- and the
wonder grows that it has held together so long and
thus far worked no serious damage to the Govern
ment. Like Holiness " One-hoss shay" il threatens
to go to pieces all at once 1t has not "a hun
dred years to day." but in the hundredth year of
the Republic its usefulness appears likely to cease.
| The light thrown by public discussion and
| by the opinion Of jurists upon the COM
| plicated and rusty cOgs and springs of
| tins extraordinary apparatus for ascertanng the
peoples will in the matter of choosing q President
and Vice-Presdent has enabled people to predict
with tolerabe degree of certainty how it is going
to work in the present emergency, unless it colapses
altogether or flies to pieces under the strain put upon
it, TO the serious detriment of the public peace.
Gathering together and sitting the opinions and au-
thorities, one may reach certain conclusions which
the Republican party at least will stand upon, and
which the Democrats will lind it hard to oppose un-
less they resort TO revolutionary measures. group
these conclusions under different heads as follows:
IU6. ~ 10 tue powers Oh returning DOdlts. lHiS
is matter wholly governed by State laws, behind
which Congress has 10 power to 90. The trainers of
the Constitution made the election of President
State and not National affair, and devised scheme
for ascertanng the will of the States and not of the
people. The laws of Florida and Louisiana give to
their returning boards plcnary judicial powers to
accept OF reject, for reasons satisfactory to the
majority Of their members, the vote of any person,
precinct, county. Practicayit it cannOt be deter
mined how those States have voted until the boards
announce the result, and their decisions are final.
At the same time, now that the nation may be said
10 be present as anxious and deeply interested
spectator by tho representatives of both its
great parties in the two doubtful States,
it would be manifeatly improper for either board
to sit in secret and would raise just suspicion OF
unfairness. The Republicans in New-Oreans and
Tallahassee should insist strongly as the Demo
Gratis that the evidence upon which the boards reach
conclusions should be Instantly given TO the public.
The boards doubt have the legal right to sit with
closed doors but under existing circumstances they
have not the moral right TO do 50. Every peg upon
which the Democrats might hang charge OF fraud
should be removed. The conclusions of the boards,
resting upon evidence approved by the prominent
Republicans ont rs close observers, will unques-
tionably be sus,.lcd by the country, whatever may
be the report made by the Democratic delegations
Second: As TO ineligible electors. The claim of the
Democrats that the choice Of an eector whoisne!l-
gible under the Constitution leads to the election of
the candidate on the defeated ticket having the
highest number of votes, has been exploded. Tie
Ineligible elcctor cannot qualify. His appoint,
ment,v in the language Of the Constitution, is not
completed because Ire docs not accept IT, His fail
ure 10 do SO creates vacancy. aud the qualified
20, uuI.r Stafe laws. The
Democrats will not be able 20 steal any votes from
HAYES on the pretext that two postmasters have
been found among the electors. nor will the Repnb-
lcans need TO search tho records of the Southern
electors to ascertain if they catch Democratic
elcctor who is still loaded with unrcmoyed dlsabil-
ties.
Third: As TO counting the votes by Congress.
Here the question arises. Has either House power to
reject the vote Of any Statei In spite of the opinion
expressed by partisan Democrats think TINS qaea-
tion may be considered as already settled. lie
Twenty-secondJ Joint Rue, always ofdoubfnl conSti-
nationality, is not now in force. Such eminent
Democratic authorities as Senators Thurman
Bayard and Eaton are on record as holding III re-
marks TO the Senate last session, that the rule must
be readoptod by both Houses 10 give 1t continued
existence, and even Mr. Randall, VINO ls now re-
ported as maintaining the potency OF the RUE Is
tripped up by his own words uttered Ill ths
uouse. When Mr.. Garfield proposed to rely
upon mmemoral usage TO prolong the JOINT
rules. Mr.. Randall insisted on the passage
of the resolution for that purpose which the senate
rejected. If there were 10 precedents or weighty
onipions ON the question: common sense would lndl-
cate that ioint rule can have no efficacy when re-
iected by one Of the two powers whose assent was
essential To its creation. Suppose that the states oi
Florida and Louisiana ere returned for Hayes by he
nroper authority. and that the Democrats, knowing
that the returns in the custody of the President oi
the Senate gave Hayes majority of one seek TO
preyent his election by the rejection 0i one or po'h
of those States. Florida is reached and DemocIal
rises and objects to the counting ot her etuih' =
the Joint rule were in force the senate Wouiu WIN
draw to its own chamber and each Douy Mo"''
vote separately on the question. Now the IreSl-
dent of the Senate will say tlat thero Is
no rule under which he can entertain the oDiecon'
He will order the count to proceed. suppose al ap-
neal is taken from this decision. Inc preSlu'hs
officer will decline to put the question 10 tno Jo'''
convention because there is no rule under "'eh 'no
two bodies can vote upon It separately ana 10 'o,o
together would be for the Senate TO surTehuel All
its powers 10 the numerically superior iiouse hat
resort would the Democrats have III 'ilis on'N''
Tbev might withdraw in a body, but the House
would still be consttutionaly present. anu tno
count could proceed just well with only the he
publican members as spectators limo way cou'u 1t
be interfered with save by riot when should uriNo
the presiding ofcerand thetelers from tler seats OF
destroy the returns Such contingency Is not worm
considering because when oneenterS the leid oi
lutonary proceedings it is as broad as II Is
The forms of law which make a President arc ie"'
but the forms of lawlessness when hnsh. =" uoS
,heir operation are many But might not the House
formally by resolution refuse to DC present az VIZ
oouut and 40 d,priye it of yaidiyi Certain frantic
oo,ysnoners have proposed this course. IL might be