The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-23


which will have to be encountered; for we
assume rs matter Of course, tnat there
can bc no compromise in regard TO the
method OF proceeding that is TO be forced
upon the two Houses or eitherof them by a
claim of the President Of the Senate that lac
is to discharge the function of counting the
electoral votes The Houses must not
only discharge their constitutional duty OF
counting the electoral votes. but they
must do it in accordance with the long
established custom of requiring the con-
currcnce of both bodies in tho counting
of any electoral votes that are to be re-
oeived.
In regard to the questions that are to
arise on the votes of particular States, they
are, rs we have said, of two classes only.
One class comprehcnds states in which the
local Returning Boards, either with or
without the authority of their state laws,
have falsely, ana therefore fraudulcntly.
declared and certified that the electors
whose votes are given in the certlii-
Gates were duly chosen by the people of
the state Ii plain and palpablc false
hood is made TO appear, To the convection
Of either House OF Congress. in respect to
the electoral certificate of any stale, IT is
plain that the electoral votes OF that state
| ought not TO be counted. In Judging OF
this question, no member of either House
should allow himself to be biased 10y the
interests Of his party, because he has II
function to perform which is judicial IN its
nature; and no member should look for
ward to the result to which his action may
! lead. There Is no room for compromise
here.
The other class OF questions relates TO
| those states where an ineligible can
didatc for the Office OF olector received II
majority of the popular votes, ana differ
cnt methods have been taken to make tho
/ Electoral College fun after the popular
election has failed to ill it legally. In
Z these cases there l. no question OF fraud,
| but it is simply n question Of the legal ana
constitutional mode Of meeting the occur
renee of incligibility. There cannot,
Therefore be any great difficulty in the
adoption OF Il principle of decision, or Mt
most Of ono or two principles that will
dispose of these eases To the satisfaction
of the whole people. But here a' IN re-
gard 10 the other class OF cases, there Is
| nothing to be compromised. nothing that
should b. made matter OF bargain be-
tween political parties. nothing in which
either House can rightiully act with a
view tea production of the result of elect
ing Coy. Tu.pES or GOV. HAYES.
If We cannot have it ascertaned, by the
concurrent action OF the two Houses of
Congress. without sacrifice OF their con-
stituuonal functions, whether either and
VIII ch Of these two citizens has been elect
ell President by the application of those
tests which 1t is the duty of the two
Houses to apply TO the certificates that
come before them, then our INST tution'
have indeed brokcn down; then the statu,
of Liberty has fallen, aud bloody trea
son tr.umphs Ger US then. through th'
tochnicllity Of the letter that kulleth. tn,
truth of the popular will cannot prevail
ana we are at the mercy of any set of mel
who can perpetrate frauds under th,
forms OF law. In such an emergency, they
with whom the final decision rests hav,
just one plain duty to perform. 1t is, no
to shrink from the task before them, ant
not TO tud refuge in political compro
mises. but to find that just medium Of con
stitutioual truth and right reason, which
Will at once reconcile the letter Of tn
: law and the popular will When the.
! have done this, all reasonable men wal
acquiesce in the result, whatever II ma.
he.