The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-12-08

ately upon the questions to be determln- 4
ed2 Ties in elections, deliberative as
semblies, courts, and all other bodies are /
universally abhored and provided for.
but if the trainers OF the constitution haye
required the senate and house to count
the vote for president, and each may act
as an independent and separate body in
doing so, then have our grave seniors
put tie into that instrument itself. This
l can not believe, for provision has been
made for such a contingency in every
other case 1t is required that q major
ity of all the electors appointed shall be
necessary to choice; if there is no choice
by the people then it is provided that the
house shall choose president, by states,
and majority of all the states shall be
necessary to a choice; and if no choice
shall be made by the house before the
4th of March, then the vice-president
shall sact as president. 1t is provided
that in case there is no choice by the
people of vice-president, then the senate
shall choose him by majority vote Of its
members. 1t is thus made impossible
that the presidential Office can be vacant
for day by reason of a tie anywhere;
and yet the senate and house, by acting
separately in counting the vote, can
| bring about far worse result than
usually follows from tie vote, for IN
case of disagreement they give us two
presidents. which is great deal
worse than none. The constitution
providing that if no candidate
shall receive majority of all the electors
appointed the house shall immediately
elect one, it becomes, in the pending case,
vitality important question whether any
candidate has received such majority.
Suppose the senate decides that Hayes has
such majority, and the house that he has
not, and the house then proceeds to elect
a president? Or, suppose the question be
whether Hayes or Tilden is elected, and
the senate decides that one and the house
that the other has been, We should then
have two men declared president when
many people have, for several years
past, thought one was more than they
ought to be required to endure
And yet if this theory, that the two houses
act in this matter independently and
separately, be the correct one, it could
not be denied on either side that the
other had a perfect right, Z. e.authoTity, tc
act as it had done, for neither could pre-
tend that the other usurped any of its
functions or usurped any authority what
ever, just as court of last resort, con.
sisting of two judges, in the absence of any
provision for their disagreement, might
give two final judgements in an eject
ment suit one in favor of plaintiff and the
other in favor of defendant which in law
would be equally valid and binding, but
which would necessarily remit the con
testants to the use OF their shot guns tC
settle the controversy after going
through all the forms of law for settling /
IN the courts. A state constitutions
conventional state legislature
which should make such a deaC
lock possible in the court of las
resort in the state, or in any other depart
ment OF state government would be con
sdered little less than criminal; anC
there cal be no comparison between thu
extent and character of the evils Ire
J sulting from such provision in the fed
eral constitution as to choosing the presi
dent. Unless, then, the constitution ha
: used such terms as expressly, or b,
necessary implication, authorizes or re
/, quires such separate action, it seems t
me that no such claim should be set up
and in the interest of public safet
r every prudent man should dissent from AM
protest against it. Such a theory i
fraught with danger at every stage Q
progress in counting the vote, and indeet
f IN the very commencement, for if tht
t senate should insist that its presiden
has the exclusive right to count the vot
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