New-York tribune., 1876-12-07
THE THROWING OUT OF VOTES.

A STATE MAY REMEDY ITS FAULT.
A PROVISION IN THE REVISED sTATUTEs-PowER OF
A LEGISLATURE TO ELEcT NEW ELECTORS III A
STATES vOTg IS THROWN OUT.
To the EditoP Of The Tribune
SIR: very important su question. which changes
the situation entirely in aspects Of the Presi-
Dental contest was made ON Tuesday by gentle
man of this city through The Erenins MAIL 1t is
remarkable that The old law Of 1S45 las given in
the following section of the Revised Statutes.
wherein il was rcGnacted without change has notrc
ceiycd attention before:
Whenever any State has held election for the pur-
pose Of chasing eectOrs, aud has fedtO make choice
the day prescribed by law, the electors may pe a
pointed on subsequent day such manner the Legs
laure OF such State Eay direct-lIIte Ill., Chap L.
Sec. I3f.
A State has failed to make choice on the day
prescribed by law" if it be held that the election
was void or invalid. In all cases Of disGualiEca-
ton of the persons having the majority vote, il the
Legislature has directed that the duly elected men
bers shall fill the vacancy, that is the mode pro-
vided auder the statute, but if such law exists,
the Legislature itself shall appoint ION a subsequent
day. But when an election is held to be void or
invalid. what can be done : In that case, plainly
a State has failed to make Choice" and the ap-
pointment may be made on q subsequent day in
such manner as the Legislature may direct; 1t may
either appoint by vote, or direct any official to
appoint If this provision 10 valid how can the vote
of any State be thrown out" except on the ground
that it has not yet bccn admitted as St'ltei
The Democrats claim that the power TO throw out
the vote of State rests with the House. But il so
the House must find that the State had not made
chocc" and, in that case, the counting must wait
until the State can appoint No date Is fixed by the
Constitution, nor is it provided that the counting
shall be completed in one day or in any specified
number of days Any provisions Of the earlier law
regulating this procedure, If inconsistent with tho
section above quoted, which was adopted less than
three years ago are repealed. That section provides
that wherever a State has failed to make choice,
the electors may be appointed on subsequent daY
and the Constitution does not require that those
votes only shall be opened which happen to Do
ready but that "the votes" shall be counted.
Would it not be necessary 10 adjourn the counting
until 1.-THE votes" could be obtained IN accordance
with the lawi Whatever else may be Inferred, s
il not obvious that the laws do not intend To permit
any State TO be deprived Of vote By mere deel-
sion Of ei(her House that it has not yet legally
made any choice of elcctOrsf
UDon the Democratic theory, the House can vir-
tually decide that Louisiana has held no valid eec-
ton But If so, Louisiana has the right to appoint
oi, subsequent day, in sl'ch as the Legs
laure may direct, and the Hcuse has nothing for IL
but to wait until the lawful choice OF Louisiana has
been thus asceftaned. Probably the majority III
the House will be in little haste to throw out tho
vote now forwarded, if il knows that a Legislature
of ike mind wiIf promptly forward another vote,
from newly-appointed set OF electors, Tor the same
candidates. In like manner, the Senate would LOT
care TO throw ont the vote Of Kentucky, II the only
result would he 10 compel that State to send another
of the same character, and from newly-appOinted
electors In any point of view, the Denccratic
theory so elaboratcly presented By Mr. Potter seems
10 he promptly aud completely exploded by TINS
provision of law. II there is any power to decide
that q State has not legally made choice OF cleo
tors. there is power in the state to make NaId
choice and to forward valid vote, on subsequent
day, The election docs not fail, or go INTO the
House, until the powers Of the States having been
fullv exercised It appears that there is 10 choice
This provision also renders it the more necessary
70 euard the organization of the Legislatures. An
ILLEGALLY formed State Legislature may yet have
mower to appoint the electors whose votes may make
a President According to Republican opinions, Tor
example, any organization embracing the elghV
persons to whom certificates were refused ID South
Carolina is not legal House. But if force or un-
lawful and usurpiug decisions OF court can seat
these persons and If the votes OF electors now de-
cIared to be chosen should be thrown ont as IN
Wild II would rest with the eight men illegally
seated by Judge Moses to make the next PRESIDENT
The plain truth is that the Uuited States Govern
mcnt cannot exist unless il employs all necessary
means to secure State governments formed accord
ing to law and, in the presence OF such sioSs
usurpatiors as have within few years been at-
tempted by both parties in tnrn sef-governmen' at
Wasln gon nay rs well TO exist if it has not
tbc mower TO preserve sclfgoyernment in the States
from subyersiOn by force or fraud u
yslr- Tork Dec. g. 1876.