New-York tribune., 1876-12-08

bodies. III thlrty-fye cltlzens hau hou, "O
Albany or elsewhere, without warrant OF law
and had forwarded pretended certihcate
giving the electoral votes of New-IOrk 10
Peter Cooper, it would be the business OF the
President Of the Senate to refuse to receive as
electoral votes the certificate from such per-
sons.
The Senate will investigate the disputed
cases. Within a month probably the evidence
will be placed before the country. Thereupon
the Committee on Privileges and Elections
will probably report certain resolutions, ad-
vising the President of that body that, IN the
Judgment of the Senate, it is his duty to open
the certificates from certain persons as the
true electors of each disputed State. These
resolutions will be debated in the light of all
evidence collected by returning boards, partisan
committees, and committees of the two Houses.
If q sufficient number of Republicans and in
dependents to constitute, with the Democrats
majority of the Senate, believe that certi-
ficates from Republican electors In either
State should not be opened, it is pro-
bable that the President will act
upon that conclusion, and that the RepuD-
lican candidates will lose the votes of that
State. 1t will be natural and proper Tor the
President of the Senate to give weight to Its
Judgment, both because he is its 0ficer, ana
because, the Senate sharing the Executive
power, no person can be President without It's
recognition. If the House discusses the same
ouestions and arrives at different results, it
can either attend at the counting of the votes,
or stay away, or attend at the beginning and
secede. What the House does will make no
hot in thp UnliUIty of the
formal opening and counting required by the
Constitution.
When that counting takes place the Presl-
dent of the Senate will, in the language OF
the Constitution, "open all the certificates"
but he will not open any unnecessary ana
worthless pieces of waste paper II he has
any doubt which is the certificate from State,
he will probably act upon the opinion OF the
Senate. Debate during this proceeding, Is
not in order. If the House, or some members
of it, or some members of both Houses, choose
TO 20 out, they can do so. Counting Il u
purely clerical function in this case. ANY
page can perform it as well as any Senator
IL consists in adding up two columns
of figures which the President OF the
Senate has announced The responsible
duty ia ended when the President, having
determined which are "the certificates" from
the several States, has opened them. No
formal announcement of the result is required
by the Constitution. That supreme law simply
says that the person having received ma
iority of the votes shall be President" All
the power of the United States Government
will be employed, if necessary, to inaugurate
that person and maintain him in the exercise
of Executive functions. An attempt to set up
any other person as President will not be
made. because it would he rebellion.
In brief, then, the deliberate opinion of the
majority of the Senate, after investigation and
discussion, will prevail, for such are the pro-
visions of the Constitution that nothing else
can prevail. If there has been wrong done III
any Southern State, we hope and believe that
majority of the Senators will see 1t and de-
clare it wrong If the certificates are held by
majority of the Senate to be in accordance
with law, and expressions of the popular will,
there will not be pleasant time for any revo-
lutionary madcap, in the House or elsewhere,
who attempts to resist the decision.