The New York herald., 1876-11-10
Great Excitement on the Uncertainty
Of the Election.
FEARS OF TROUBLE AMONG OFFICIALS,
Legal Opinions as to the
Electoral Vote.
The Question Of Constitutionality
Considered.
FROM OUR REGULAR CORRESPONDENT.

WASHINGTON, Nov. 0, 1874
Washington, with It's 15O 900 voting population.
has undergone fully much excitement over the
suit OF the Presidential election a. It's many en-
franchised peers among the cities Of the Union
Yesterday Il was plunged 20 tho depths OF
despair, to-day and tonight n Is swimming
tho hope thas hayes has been elected by
a least one majority. Socially Washington is always
profoundly interested In the result Of every such elec
tion. The Of tho dominant party means bread
and butter 70 thousands Of government employees OF
both sexes to the lodging house and boarding house
keepers who shelter and feed them, and
TO the tradesmen who clothe them. Politi-
caily. therefore, Washington is republican;
but it was noticed yesterday that dozens
OF veteran democrats blue with the mould OF retiracy
since the days Of Buchanan. emerged hko owls from
their concealment and werc seen OF men again for the
first time in sixteen years They basked happily in
the temporary democratic sunshine, until the
c'ouds OF the apparent republican tri-
umph again drove them into retirement But
with the possibility OF = close vote In the Electoral
College dispute to the fairness Of the election
o feeling OF alarm has taken possession OF she
people. There is apprehension OF trouble and vo-
lencc. The spectre OF revolution rises dimly IN tho
background; tho sound Of the drums of the paradng
falls upon OF sharpened hearing; there Is
underlined feeling Of mischief lurking in the air II is
remembered that reported to be collecting
secretly at Richmond q lttlo while ago, and visitors
at the White House recall the fact that there
unusual collection Of military hats the Presidents
hatrack lately. Those who do not share
these fears OF tho timid and imaginative
assure themselves with the recollection that the
possible trouble bo It great small, cannot extend
beyond the limits Of the Southern States whose returns
are dispute For tho democrats TO ask outside aid
In adjusting domestic difficulty OF this kind would be
stulti6cation Of themselves advocates OF the doc
trine of State rghta The State Ia supposed to be
supreme in It's jurisdiction Of It's domestic az
fairs and the venality Of its public officers,
and their betrayal Of their official trust in making
fraudulent returns OF the election would therefore be
for rcctiacation within the limits OF tho State,
and BY its own people, by methods which they think
most proper This is the argument advanced by those
who prospect OF national disturbance.
series OF interviews, to bo presented herewith,
will show you more at length the different opinions
men entertain OF tho possible outcome Of the present
remarkable situation Of affairs.
Prominent q both parties, who have heretofore
hceitatcd 10 exprcss their approhensions no longer
conceal the fact that no matter which way the Presi
dcntal election has gone, provided the major
ty be small, the occasion OF counting the
electoral vote for President and vico Presi-
dent by the two Houses Of Congress, on the second
Wednesday In February next, may prove dangerous
crisis in our national history. As she matter
there provision for counting tho electoral
except that contained in the constitution Of the
United States, but this ID vague and indefinite.
Briefly 1t says
That tho votes shall be directed TO the President OF
the Senate; that he shall in prcsonce Of the Senate
and House open all the certificates and the votes shall
then be counted. That the person having q majority
Of the whole number o electors shall be President
The vital question now is viii Congress at It's next
session prescribe by law moro definite mode OF
counting tho electoral vote, will that body be con-
tent with the system provided by the constitution
II II is presumed that Congress will take no action,
the houses will meet in joint session. The
presiding officer Of the Senate will preside
and will open the votes. IL Is held
by largo number Of prominent republicans and by
many democrats that in the absence Of any Law 20
tho contrary tho pr~sIding officer Of the Senate is
vested with plenary power in the matter Of counting
the electoral votes That in Of two sets OF re-
turns IL is his discretion to which set shall
be counted, and that he rule out OF order
all objections TO counting the votes OF any
States the ground that the oonssition dis.
tnctIy says that after the Vice President has
opened tho votes, they shall then be counted. Pot
clans who hold this view that this injunction OF
the constitution is mandatory and that he count
the votes OF all States whom they come properly
hut00rulcS
ing officer OF tho Senate, in this case, who
WILL OF course, be republican, may, however, take
different of sAe matter, but exactly what he could
do under the circumstances 1t Is not easy The
twenty second joint rule, which formerly prescribed
the manner OF tho votc but which was virtually
abolished last winter defective. II provided in
BRIEF that In tho two houses disagreed
ing the vote Of any State II should DO thrown
out and that in the votes OF States were thrown
out until neither OF the candidates had majority OF
all tho electoral votes, the House should proceed
mcdiatcly to elect President and Vice President II
is easy that under this rule other by sb-
jecting to count tho votes OF certain States,
could throw the election into tho
House. and thus defeat tho popular will
Approaching the danger DO apprshendcd from this
loose method Senator Morton last session introduced
a substitute for the twenty second joint rule which
for some reason other failed to pass, doing away
with the Objectionable feature OF that rule providing
for throwing out tho OF States OBJ
jectcd to by either house. Tho measure was
discussed at great length during tho session. Sen.
ator Thurman and several other Senators agreed
in the main with Senator Morton that somc definite
system was necessary, and Mr.. Thurman q number
or occasions expressed himself strongly in favor OF
the abrogaion Of the twenty joint rule declar
ing that, hts opinion, the country in danger
a revolution every four years-a revolution, as no
expressed IT, which would set brother against brother
and roach every hamlet IN the land Senator Morton
pointed out tho danger Of the ruc many respects
alluded TO tho tact that in six instances the pre-
siding officer OF the senate, who opened and counted
the electoral vote, was himself candidate for Prcsi.
dent and counted himself In. In these cases the pre-
siding ofnccr OF tho Senate undoubtedly elected
President OF the United States; but be alluded tho
circumstance show the possibility Of dishonest action
the part Of an unscrupulous presiding officer.
II is safe to assume that assembling In December
Congress will address itscif carly tho consideration
OF this all important question, and II Is not unlikely
that this discussion will be prolonged far the
SON. TIC republicans in Congress, IN any cvent-tbc
House being democratic-w object to tho resuscita-
ton OF the twenty joint rule any other rule
which provides that the votes OF States objected TO by