New-York tribune., 1876-12-29

Neither house has ever eAerclSeu bho Po"'i "
throwing out the electoral vote of state witnout
the consent of the other. The only instances IN
which one house has rejected votes occurred under
the 22d Joint Rule, and the concurrence in those
cases took place in the adoption of the rule. Moth
ing which was done by authority of that rule can
be cited as binding precedent now that the rule
is repealed Speaker Randaps idea that the 2Zd
Joint Rule ia still in force will be repudated by the
House il il ever gets opportunity to vote Oh tne
question.
Fifth: The genuine official returns Of the three
contested Southern States may be received as prina
facie evidence of how the votes OF those states
ought to be counted but they will not be consider
ed as final proof In other words, both houses VIII
agree to 90 behind the official returns and decide
from other evidence which return, if either, ought
to be counted in each 1t seems to me that the
Senate by nstructing It's committees to investigate
the election in five Southern States and in Oregon
and to examine into the qualifications OF electors IN
other States has admitted the right, the necessity
even of going behind official certificates which may
be illegal or fraudulent aud acting on the facts
The House will of course demand it as right.
S;rth: No questions either Of law or fact will be
submitted to the Supreme Court for its decision
The pretended interview with Judge Miller printed
two weeks ago has made the Democrats unwilling
to make the Supreme Court an arbiter of anything
in connection with the Presidential controversy.
They say that although he has made qualified de-
NAL of the authenticity OF the interview, they know
that his sentiments we're not misrepresented. Ihe
Republicans on the other hand, find difficulty IN de-
yising mode Of bringing any question legally De-
fore the Supreme Court and / have been unable TO
find much disposition among them to submit 10 tlat
tribunal any of the questions over which Congress-
if any one has jurisdiction.
Serenh: The Democrats will not get their missing
vote from Oregon. Some of the Democrats stul
cling to the theory that Cronns organization OF the
electoral college of that State was legal but the
ground now held by the more conservative OF them
is that no election took place in Oregon except as TO
the choice Of two electors.
Eighh: The House of Representatives VIII not OF
itself declare that there has been no election OF
President. and proceed to choose The right OF
the House to elect President is contingent on the
failure of a choice by the electors, and while the
ouestion whether the electors have succeeded or
not remains open, a vote by the House would be un-
constitutional Illegal and void. Nor is there any
precedent authorizing the House to decide this
ouestion The trainers of the Constitution dld not
contemplate the possibility of doubt ever existing
on this subject and they did not provide for us
adjudication, but the common-sense view OF the
case is that whoever has authority TO count the
electoral vote alone has authority to determine
whether an election has taken place or not AS no.
body asserts the right Of the House. by itself, 10
count the vote do not believe that the Democratic
marty will claim the right for the House, by ltse,
10 determine what the result of the count has Dee
All that have said in regard to what will not take
place as to counting the electoral vote Will DC SUD-
iect to modification under certain circumstances
which have not considered as likely to exist.
have assumed that in spite of all the wild and eX-
treme talk one hears among politicians OH both SIDES
in Washiu gton each house will finally be careful To
take no positive step for which there Is not at least
the color of sanction in the Constitution, the laws
or wel-established precedent. But If either party
should 90 outside of that sanction and assume
powers which have not heretofore been accorded IL
and the exercise of which would give it an unfair
advantage then it is impossible to foretell how Tar
the other may go to counteract it, For instance II
the House should plant itself the extreme ground
that it has the power without the consent OF the
Senate to reject the vote Of any State, then the
Senate might also be driven TO the equally extreme
ground of making its presiding officer the sole judge
of the validity of all the returns. Violent ana
threatening demonstrations i'll the Democratic meet
ings on the sth of January would also intensity the
excitement and unfit both houses to deal with the
crisis with much calmness reason But do not
anticipate anything of the kind z. L. W.