New-York tribune., 1876-11-21
THE PRESIDENCY.
A PERUOUS TIME.

THROW OUT THE VOTE OF STATE.
fFRoM STAFF CORRESPONDENT OF THE TRBUNE.l
WASHINGTON, Nov. 19.-In recent letter dis
cussed most of the questions and situations likely to
arise from Presidential election close and of so
doubtful an issue, that of the great political par
ties of the country would not acquiesce readily in
the fairness of the declared result. did not point
out the most dangerous rock which the complicated
system of the Electoral College and the count by
the two Houses have placed in Americans course,
because l wished to learn whether the peril were
really imminent of their running upon it. There
may prove to be abundant sea-room for the Ship of
State on either side of this rock, but just now as
Americans anxiously peer into the miss of the un-
certain future, the way looks narrow and
the rock looms up with terrible menace
This danger ls not of wrangle in Congress
the electoral vote of an effort to hinder the
nouncement of the result of attempt to resist
the inauguration of President. 1t is double in
auguration that Americans have to fear. and two
Presidents, each claiming to be properly installed in
Office, each backed by show of legal and constitu
tional authority-one supported by the Senate and
the other by the House. How can such a phenom-
enon arise Much more easily than many of the
contingencies that have been discussed likely to
grow out of the situation.
Let us suppose the doubtful result in Florida and
Louisiana to be converted by the Returning Boards
of these States into Republican victory. against
the protests of the Democrats. The Electoral Col
lcges assemble and the result is 1SJ votes for Hayes
and 1SI for Tilden. The Republicans fortify them
selves with evidence sustaining the legality OF the
action of the boards, and the Democrats gather tes
timony TO show that such action partisan and
fraudulent. Matters drift along until the day
fixed for opening and counting the returns III
Joint convention of the two Houses. The Demo-
Gratis then object TO counting the votes
of those States. but the President OF the Senate,
using his powers as chairman Of the joint conven-
ton refuses TO consider the objection, orders them
to be- counted and announces the election OF Hayes.
As soon as the convention dssolves the House passes
resolution declaring that owing to its objection to
the counting of the votes of Louisiana and Florida
those votes were not legally counted, that no cleo
ton has taken place, and that it is the duty
of the House TO elect a President. The
following clause in the Constitution is cited: 1.-THE
person having the greatest number of votes for
President shall be President, if such number be
majority of the whole number of electors appointed;
and if no person has such majority, then from the
persons having the highest numbers, not exceeding
three on the list Of those voted for rs President the
House of Representatives shall choose Immediately,
bv ballot. the President" Acting under this
clause. the House elects Samuel j. Tilden.
On the 18th Of March the Republicans inaugurate
Rutherford B. Hayes with the customary ccre-
MONIES under the protection of the army, and at the
same time the Democrats naugurate Samuel J III
den without ceremony, probably not III Washington,
and by the mere administration OF the Oath. NO
formal Inauguration is essential to clothe fresi-
dent with all the powers of his office. The Senate
has already been summoned to meet in executive
session by President Grant before his term expired
III. T,u N
Democratic House responds aud recognizes him rs
President The Senate sustaius Hayes. Both issue
orders TO the army and navy each calls upon the
goycrors of the States to support him as the Lawful
Chief Magistrate.
Here are all the conditions of civil war far more
terrible than the we have passed through, be-
cause il would not be of sections but of par
ties This horrible specter is not creation OF "a
heated imagination. The position the two political
partics are now assuming leads logically If persisted
in to the exact results have described. The only
escape from disastrous consequences would be Tor
the people TO refuse t0 second the politicians, ana
exclaming, like Mercutlo, "A plague on both
vour houscsp insist upon some arrangement
that would insure the preservation OF the
nublic peace. The right of the House
TO elect a President under the circumstances de-
tailed wonld, asserting to the arguments of tho
Democrats be by no means conclusive; for If their
oections to the count of the votes of Florida and
Iouisiona were valid and these States were thrown
ont for the reason that their electors were not law
fully appointed then Tilden would have a constltu-
tional majority of all the electors appolltc and the
contingency requiring the House to elect ouId not
exist STILL as an election by the House wouiu DC
the only means of clothing Mr.. lllden with any
sembance of authority, an Interpretation couiu ITO
doubt be soneezed out of the Constitution which
would Justify such an election in the eyes OF the
Democrats.
II will thus be seen that two courses are open 10
the Democrats if they intend to resist the coiSui-
nation of the election Of Hayes by the votes OF te
douhtful States First for the House to elect Iiden
ON the assumption that neither candidate mas re-
ceiyed majority of the votes of the electors law
f,lIv onnointed IL neither party yielded civil war
Of the most dreadful description would he the III
o,;tohle result of such n proceeding. Second for
,be Uouse IN obscnt itself from the counting OF
tbe vote so that it could not take place. The con-
seouence of this course if persisted IN successfully
until the 1th of March, would be to make the Pres-
dent of the Senate acting President OF the United
States, aud to make new election necessary III NO
vember. 1877. -,
The only safe way out of the whole difficulty and the
one evidently intended to be followed py the
trainers of the Constitution, Is Tor congress W "o
cont 40 final the returns certified by the proper State
outborities of the votes of the electors. and to limit
its powers TO the ministerial function OF counting
Them The right TO reject the vote OF u o'a'o 10
nowhere conferred or implied by the i'ns""so
90 tbe Constitution. "Ihc President of the Senate
shall in the presence of the Senate anu iouSo VI
REPRESENTATIVES.. open all the certificates, and the
roies shall then be counfcd'this IL the etter vi 'no
organic law. In obedience to u Is saic'S' h ''''