Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-11-23
From the New York Times.
Usurpati0n by Technicality.

There is a growing tendency among
American politicians to lay great stress on
technicalities, to quarrel over the form
when they have failed to secure the sub
stance. Often this tendency leads to
downsight usurpatiou, and it has several
times threatened the peace of various
communities. A few years since the State
OIL Haml shire--one of the most sober
and sensible States in the Union-was for
number of days violently disturbed by
dispute over an election in which the re
suit depended on whether the misspclling
Of a candidates name rendered the votes
cast for him void IIot-headed men were
found ready to declare that, as the law
was somewhat vague on the point and
the authorities resorted to differed, the dis
pute could only be settled by force. Not
very long ago the State Of New York
came near being without representation in
the United States Senate, through the re-
fusal of one-half of the lower House to
organize that body in time for the joint
ballot ON the appointed day. Every one
remembers the long and disgraceful
squabble in Alabama between the Court
house Legislature" and the Capitol
Legislature" which turned on the au-
thority to be derived by legislative
body from its happening TO meet in the
place appointed by law. Equally notori-
Gus were the troubles in Louisiana. which
Congress gave up trying to unravel, in
which one Governor and legislature were
elected on returns which were not counted
BY board having authority, and the other
Governor and legislature received creden-
tials from board which had the right IN
count the returns, but had no returns to
count.
These, and many other Instances which
will occur to our readers, illustrate the
departure we have made from the SIM
plicity and sincerity of the earlier days.
and from that frank good-faith which is
essential to the proper working of repre-
sentative government. When a question
arises as to the result of any substantial act
in the process OF government, it ought to be
settled by fair and calm reference to The
controlling facts in the case. Instead of this
II Is too often found that partisans cling to
every advantage which the Nero form of
law gives however slender the basis of
justice which underles it, But the evil
was never so clearly brought before the
public. and the consequences which may
arise from it were never crave as at the
present moment, when 4 number OF the
democratic Journals are urging the leaders
OF their party TO undertake a contest con-
corning the Presidency by course of ac
ton which, on the frailest thread Of legal
ity, hangs an actual and great usurpation.
The constitution requires that the certfi.
Gates sent by the Electors in the various
States. as to their votes for President and
Vice President, shall be opened by the
President of the Senate Gin the presence
of the Senate and House of Representa-
tives." 1t is now ASSUMED by the demo-
cratic writers that these certificates cannot
be opened unless the House is present,
and ibis view is technically sustained by
the constitution. But 1t is further urged
that II the certificates are not SO opened,
there is failure on the part of each can
didate to receive majority of the votes.
and the election goes to the House. In
other words, The House by refusing to per-
form ~ plain duty in meeting with the
Senate, win gain the power of choosing
he President. A principle of this kind Is