The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1876-12-28
THE PRESIDENTIAL QUESTION.
HOW TO SETTLE THE QUESTION.

requires that Congress shall be three days in
session on the second Wednesday in Feb
ruary, and s.the President of the Senate
shall, in the presence of the Senate and
House Of Representatives, open all the certi-
ficates.' But there is no provision that the
opening and counting shall be completed on
chat day, nor are there any rules or customs
whatever by which the time occupied in dis
cussing or investigating the validity of any
certificate is limited. The Senate has no
previous question. The President, who opens
the certificates, can move no faster than that
body permits. If it is compelled to discuss
one or more days, upon any point raised,
the House can do nothing but await the re-
suit. The Democrats propose to object to
the counting of certain electoral votes, and
if their claim to go behind the returns is con-
ceded the whole question as to the validity
and rightful result Of the election is thereby
thrown open demonstration and discussion.
On the 18th of February, then, the two
houses meet. Let us suppose that the Sem
ate calmly assents to every Democratic de-
mand, agrees that, in case Of any objection,
the two houses should separate. and vote.
and that no electoral vote shall be counted if
either house objects. The opening of the
certificates begins; presently Florida is
reached, and Democratic member objects,
and the two houses separate. The Senate is
not limited in debate by any existing rule.
and it should discuss the Florida question
thoroughly if at all. reviewing the great vol
ume of evidence collected by the committee.
and hearing much Of it read for information.
Weeks were spent in discussing the Lou
isiana case, when nothing but the right of
Pinchback to q seat was at stake. Would it
be strange il Senators should insist upon as
fell u discussion, with the Presidency pend
ing? The discussion is adjourned from day
to day. The remainder of the certificates
cannot be opened until the Florida case has
been settled; the House has absolutely no
power to do anything until the opening of
all the certificates has disclosed the fact that
no President has been elected by the people,
If the Senate is not ready to vote, the Joint
convention Cannot be reassemb.e(,, and the
rest of the certificates cannot be opened.
and the House can only wait. If that body
insists that each House has the right to in
quire into the validity of returns, it must ex-
pect the Senate to inquire to its own salts
faction. The House has neither the power
nor the right to demand that the Senate
should decide otherwise than in accordance
with its own rules, which permit full dis
cussion.
Two weeks and three days pass-less time
thar has been occupied in deciding less i'm
portant matters. What then? On the 4th
of March at noon the present House ceases to
exist. The Senate being permanent body,
merely swears in new members; the only
House of Representatives in existence then
will be the one recently chosen. This body
no doubt, the President will have called to
meet in extra session; it assemblies and Or
ganizes on Monday, March 9Th. AS soon as
it has organized, the Senate notifies it that
the adjourned session Of the joint convention
will now be held. The two bodies meet /:
the House objects to the vote of Louisiana,
Florida and South Carolina, and the Senate
to the vote of Oregon, and neither is count
ed. Thereupon Mr.. Tilden has 1S4 votes :;
and there is not "a majority of all ths cleo
tors appointed' for either candidate The
Constitution requires the House to proceed
Immediately to elect President, voting by
States, each State casting one vote. The
House obeys, and tllereupon California, Col
orado, Illinois, Indiana, Iowa, Kansas, Mas
sachusetts. Maine, Michigan, Minnesota, Ne
braska, Nevada, New York, Ohio, Oregon,
Pennsylvania, Rhode Island, South Carroll
ma, Vermont and Wisconsin, twenty States.
from each Of which a majority of Republi-
cans have been elected to the next House.
vote for Rutherford 3 Hayes. New Hamp-
shire, which will elect members in March.
will doubtless vote the same way, if the vote
delayed. There is no room for dispute as to
the validity Of the election of members com
posing the majority in either of these twcn-
ty delegations. Two others, Florida and
Louisiana would vote for Hayes as now con-
s.ituted. But even il their votes should be
changed by unseating members, Tilden could
obtain with these the votes of only seventeen
States. Mr. Hayes would be elected in strict
conformity with the Constitution, and with
out counting any electoral votes from dspu-
ted States.
Even upon the most extreme Democratic
theory, therefore, the election of Mr.. Tilden
becomes absolutely impossible, ii the Senate
exercises its indisputable right to discuss
the questions at issue before deciding them.
There is no possibility that majority of the
Senators will consider the McEnery .certifi-
cate the legal vote of Louisiana, or the Grover
certificate the legal vote of Oregon, but the
demand of the House that both States shall
be thrown out entirely. if granted by the
Senate, only throws the election into the
House. But what House? The Constitu-
ton does not give that or any other power
to the present House after noon of March
4th; that body will then be dead, and the
only Rouse III eAlSCelCe, III The counting OF
the votes be not completed until after that
hour, will be the house newly elected. If,
therefore, certain Senators think it their du-
ty to occupy fifteen days in discussion, the
new House, with twenty-onc Republican
States, will proceed to elect President.
1t is important that business men, who are
anxious lest there may arise some conflict of
authority, should realize how impossible
such a Conflict is. There is no room for it.:
not the ghost OF a shadow of constitutional
authority for setting up a Presidential pre-
tender until all the certificates have been
opened. If a majority Of Senators consent
to throw out the vote of Louisiana before the
4th of March, so that the election goes into
the present House, Mr.. Tilden may be chos-
en-. But if they merely discuss tile matter
fifteen days, they send the election to the
new House. We may rest assured that there
will be peaceful and constitutional settle
ment, i'll one way or the other, and that.
whether the result becomes known on the
18th OF February or the 9Th of March, the
country will so sustain the constitutional de-
cision that the agitators will find their occu-
patton gone.
APPoRTIoNMENT OF SCHOOL FUNDS
al ,ar Orf ion, anti r.