Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-11-17
From the New York Herald.
Facing the Situation.

We are entirely convinced that if Mr.. Hayes
tempt nothing so futile and chimerical as to resist
his Inauguration. AT that stage of events Mr..
Tilden could not be made President without a
revolution, and his party will not be utterly de-
mented as to court certain destruction by attempt
ing anything of the kind We will 90 into no
har-splitting refnements as to the separate pow
ers Of the House and the Senate when assembled
TO superintend the counting of the electoralvoes.
These are matters on which the constitution is
not explicit, and which afford abundant scope for
legal ingenuity without any possibility of reaching
solid conclusions. No such contingency as dis
puted count was in the contemplation of the
trainers of the constitution, and they accordingly
made no provision for it. Whatever ground may
be taken as to separate authority OF the House
and Senate in such a conjuncture can be regarded
only a strained and doubtful inference from
language which is, at best, ambiguous Brushing
aside all such legal cobwebs we will rest our ar.
guments on plain, broad, unquestioned and in.
controvertible provisions of the constitution.
1t may be disputed what the respective powers
of the two houses may be during the progress of
the count, but II is not open TO dispute that no
President can exercise the functions of his office
without the consent of the Senate. The first act
OF new President is TO send to the Senate the
names of the men whom he proposes as members
Of his Cabinet None of them be appointed
without "the advice and consent of the Senate :"
and a Senate whose majority believes that man
who sends nominations has never been elected
President and has legal title to the office, will
not even consider his appointments, much less
| confirm them. If, therefore, the House. BY its
separate action, should declare Mr.. Tden elected
| in defiance OF the Senate, such action would be
nugatory Tor any purpose of investing him with
the functions of the office. He could do no act as
President without the support and cooperation of
| a body which rejected and derided his claims and
which would refuse to receive any communication
| from him in that character What could he do
then What could the House do or anybody do
to invest him with actual authority Just moth
| lng-"precisely neither more nor less than moth
| ing" Even if his supporters should be mad
enough TO take up arms and attempt to install him
by iofce u would make no difference, for the in
surmountable barrier of the Senate would still
share the power of appointment, and the Presi-
| dent, whose title 1t denied, would remain
without Cabinet and could not perform
the first administrative act. This conclu-
sion, we repeat, does not rest on strained con-
struction oil doubtful powers, but on one of the
cardinal provisions Of the constitution. Nothing
can be more absolutely certain than that neither
force nor finesse can make man President whose
claims TO the Office not recognized by the Sem
ate 1t would therefore be sheer idiocy for Mr..
Tiden's supporters to attempt to make him Presi.
dent in spite OF the official count, because even
successful revolution would not enable him TO
administer the government without Senate to
| confirm his appointments. We feel as certain a.
we can be of anything that the democratic lead
ers VIII not butt out their brains against this wall
oil adamant, which they can neither climb over
flank nor batter down.
This argument, which is so solid and conclusive
that nobody who attends to it will dispute its
force, enables us to estimate the value of the ex
| pedient preached IN some quarters of defeating
Hayes by the withdrawal of the House during the
count. IL would be merely a weak exhibition of
political spleen, which would neither arrest the
| progress of the count prevent the recognition
| Of MIR. Hayes election by the only branch OF Con
gress whose co cooperation he would need for enter
ing upon his functions. The argument by which
| this weak expedient is recommended is a bubble
| Ii is said that the constitution requires the certf
| Gates TO be opened "u the presence Of the Senate
| and House of Representatives" which is true
| enough; but it Is equally true that the con-
stltution does not define what is quorum of
either branch OF Congress for that purpose. The
| republican members of the House will not retire,
and their presence will be sufficient to satisfy the
requirement. When far more important duty is
| TO be performed by the House-that of electing
President If there is no choice by the people
the constitution declares That "a quorum for this
purpose shall consist of a member or members
| from two-thirds of the States" The republicans
| have in the present House a member or members
from twenty-nine States, and as the constitution
prescribes no quorum for the presence" required
at the opening of the certificates it is fair TO pre-
| sumo that the presence of the republican members
| will suffice. If different ground should be TAX
en- the regular provision relating to a quorum for
| the ordinary transaction of business would come
| into play, which authorizes smaller number than
| q majority TO "compel the attendance of mem
bers." The House is presumpuvely present on
every occasion where the constitution requires its
presence, if minority obeys the requirement,
and that minority is authorized to pei the at
tendance Of the others. If the democratic mem