New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-12-27
THE PRESIDENTIAL PROBLEM.
THE NEXT HOUSE CAN ELECT.

TO the Editor OF The TrtbuHe
SIR: Pray allow me to reply to 81. c." in THE
TRIBUNE of Monday, and, incidentally, to The
Chicago Tribune. 81. c." imagines that the Consti
tuition confers upon the present House only" tho
right to elect if there has been failure to elect by
the people. That he is clearly in error is shown by
the language OF the Constitution ARTICLE KILL :
And if the House of Representatives shall not
choose President uhengT the right of choice shall
deroire upon them, before the fourth day of March
merit folIOcin0. then the ycePresident shall act as
President" Obviously, the right of choice does not
devOlve upon the House until it has been officially
ascertaned by opening all the certificates, that no
person was elected by the people. My supDOsitiOn is
that Ns fact may not be ascertSined until March .,
1877. or later. Obviously, it becomes the duty of
the only House then existing to choose President,
for the right Of choice" cannot be forfeited by non
action before il has devoved upon them. And by
express provision that House has until the fourth
day of March merit foolriRg 1878 in which to make
its choice before the yice-President can act under
Article XII. Ny suppostion was that prolonged de-
bate upon questions raised might prevent the open
ing of all the certificates until after the 18th of
March. Until that event right of choice deyoves.
But whenever, whether before or after any date,
"all the certificates" have been opened and it is
found that no ono has been elected by the people,
IHesc NDIus VI lS'l hIlCie DtCDulb OpcIdli'b-
"hcn from the persons having the highest number
not exceeding three the list of those voted for
President, the House shall choose Immediately by
ballot the President" The instant failure to elect
by the people has been officially ascertaned. and not
an instant sooner, the right of choice devolves upon
the body which is at that lime, and not upon the body
which was at some other time, the House of Repre-
sentatives.
Now comes The CHICAGO Tribune and says that. in
the event supposed, vacancy would occur March 4.
This is absurd Presumably somebody has been elected
by the people No vacancy exists because it has not
yet been asccTtained which of two persons has been
elected If, for example. the counting of the votes
should be completed March 3, and it should be
found that Tilden had received all the votes, would
any sane hold that the choice of the people had
been defeated, and that the Vicc-Presdent had be-
come permanently the President, or that new cleo
ton must be held by reason Of the delay More
over, the Constitution says ARTICLE H. Section II
that in case of vacancy speh officer shall act ac
cordingly until the disability be removed, or
President shall be elected" Plainly, the YicePresdent
or President of the senate could in case act as
President excepting until the House had elected in
obedience to Article XII Finally, the provision for
the ordering of new election by the people is one
of statutory enactment, and cannot set aside the
constitutional provision of Article XII. IL there IL
" a vacancy" March 4, in the case supposed, be-
cause il is not yet known who has been elected, 1t
becomes, under act of Congress OF 1872 the duty
of the Secretary Of State TO order a new election.
But il it be ascertained March that no one has
been elected the Constitution requires that the House
shall Immediately by ballot choose the President"
OF the two, the Constitution prevails mere delay
in ascertaning who has been elected does not create
n vacancy and necesstate a new election.
Do not misunderstood the purpose OF this sugges-
ton. IL is not 10 prevent but to secure DECLARE
ton of the result by the constitutional mode. III
the present House sees that in no event can 1t get
the right of choice itself it may be the less eager,
by merely captious and partisan objections, to
prevent declaration Of the result. maintain, LIST,
that the Senate, through its President, alone has
power 10 determine which are "thc certificates"
stating the action Of electors duly chosen; I'd, that
all the votes thus returned shall then be counted"
But my object is to show that, If the Democratic
theories (which | dcny) be insisted upon and ac-
cepted certain things follow of necessity:
l. The Senate has rs much right as the House to
inquire into the validity of certificates.
H. Its inquiry. necessarily conducted according TO
its rnIes. which allow free debate, may be prolonged
until after March 4.
Ill In that event the Constitution explicitly re-
ouires that whenever il is asccrtalned that no one
has been chosen by the people, the House snail
CHOOSE immediately by ballot the President"
Yours truly, w. NJ. GROsvENoR,
ed. The Public