The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-11-25
politital 9ffairs.
Whom win It ba sattlad.

If to-morrow's telegrams should brin
news, in an authentic shape, that Orego
or California, or Wisconsin, or any 9th
State from which full returns have NJ
been received, had gone for Tilden, 4
matter by how small majority, and give
him that one vote which is all that
needed tosecure his election, what feelin
Of relief would be experienced by the er
tire country. Undoubtedly there woul
be some people disappointed; the editor
who have predicted, and the gamblers VIII
have bet largely upon Hayes election, an
all the disinterested patriots who hold Of
flee, or expect Office under a RepublicaI
administration. But the great quiet mas
Of people throughout the country, th,
bankers, merchants, farmers, mechanics
all the business classes, in word-whC
can doubt that their feelings would b,
those Of inexpressiblo satisfaction and re
lief? Precisely the same effect would
practically ensue if--instead of Oregon
Florida, or South Carolina, or Louisiana
should be officially ascertained and de
clared to have given its electoral votes in
favor Of the Democratic candidates. The
whole thing would be settled then and
there, and men who voted for Hayes would
join with the supporters of Mr. Tilden in
rejoicing that the country had escaped the
perils of a contested Presidential election.
But what if matters take contrary turn
and through the action of the Returning
Boards in Florida, South Carolina and
Louisiana, by the process of "counting
out" and rejecting the votes of counties
and parishes where the Democratic candi-
dates had majority, the electoral votes
of those States shall be given for Hayes
how and when will the question be settled
then? There will be an appeal to the
courts; but what if the coarts should be
powerless to give relief?-if the State
Constitutions, adopted by conventions of
carpet -baggers, and the State laws passed
by carpet-bag Legislatures, are found to
have been so framed as to leave the ballot
box and the returns at the mercy of Re-
turning Boards-how viii the question be
settled2 There will be an appeal to Con-
gress, but how is Congress to settle it (?
The Constitution is silent as 10 the case Of
the electoral vote Of State being con-
tested upon the ground of fraud or for any
other cause. The only Legislation upon
the subject is the old act Of March list,
1892, which merely prescribes that the
Electoral Colleges shall meet in the several
States on the first Wednesday in Decem-
Der, and how they shall proceed to declare
and certify their choice, and that the Con-
gress shall be in session on the second
Wednesday in February, for the purpose
of opening and counting the electoral votes
and ascertaining and declaring who are
elected President and Vice-President,
agreeable to the Constitution. The act
Of Congress does not say and, no more does
the Constitution, who is to count the votes
or declare the result; or what shall be done
#, upon any ground, the vote of any State
shall be objected to. There was twenty
second joint rule adopted by the two
Houses in 1865, which recognized the
right Of either Houses to object to the vote
Of any State being counted, and under
which the vote Of Louisiana was not count
ed in 1872. But if it should appear. as
is claimed, although the point is disputed,
that the twenty-second joint rule is no
longer in existence, the Senate at the last
session having refused to readopet it--what
then? The question would come before
Congress really without any established
rule or settled precedent to govern its &C.
ton. Should the two Houses disagree as
to receiving the votes of either Of the
disputed States" who is to decide be-
tween them, and how is the question to
be settled? As the present House expires
on the 4th of March next, if the question
should not be settled then, the New York
Tribune threatens the country with the
calamity and disgrace of having James G.
Blaine for President, as the probable pre-
siding officer of the Senate, while the
Herald, in the same contingency, contem-
plates the dictatorship of General Grant.
Other journals are debating the possibility
Of two Presidents-Mr. Tilden declared
elected by the House, and Mr.. Hayes by
the Senate. We pause and forbear to
dwell upon the possible consequences of
any Of these contingencies, or Of delay in
the settlement ofthe question until that time
Supposing it possible that the action of
the Returning Boards in the three States
named should be held conclusive by the
courts and submitted to by Congress, and
that through their agency Mr.. Hayes
should be declared elected with or without
The acquiescence of the House, by the re-
luisite majority Of one, and should be
iuaugurated and take his seat as President,
will the question be definitely settled and
aid at rest then ? No human power can
prevent its revival in December, 1877,
when the next Congress meets. On the
same day that the people in those States
voted for electors for President and Vice.
President, they elected 10 Louisiana six,
IN South Carolina FIVE, and in Florida two
in the next, or Forty-fifth
Congress. Under the Constitution the
House of Representatives is the sole Judge
of the election and qualifications Of It's
own members. The next House win be
, Democratic House like the present, al
though by reduced majority. That
House will be compelled to review all the
facts and to pass upon the result Of the
election in those States, In determiuinc the