New-York tribune., 1876-12-23
THE PRESIDENCY.

THE PRESIDENCY.
A FEW POINTS OF AGREEMENT.
THE CONSTITUTION NDEFINITE-THB HOUSE AND
THR SENATE MUST ACT ToGErHER-CoMPRoMIsE
MEASURES.
IFRoM A REGULAR CORRESPONDENT OF THE TRIBUNE.1
WASHINGTON Dec. 21.--Rcviewing the progress
of the dispute about the Presidential succession
finds that although the two parties still face each
other in an unc0nprOmising and rather defiant man
ncr some advance has nevertheless been made since
Congress met toward settlement the controversy.
Each party has taken position and intrenched itself
behind what it believes to be its rights. The claims
of each are understood by the other. The strength
and weakness of the positions thus taken arc MI
tually comprehended The possibilities and modes
of compromise have been pretty fully canvasscd.
good deal of angry partisan feeling has been
displayed, but it was essential that thus
should find vent before the party leaders could
get into frame of mind to consider the situation
with camness. There is only one thing really dis
couraging ia the outlook, and that Is the continued
refusal Of most of the Democrats to concede SINGER
ity ON the part OF their opponents. Talk with any
Republican you happen to meet and he will say ne
has no doubt the Democrats honestly believe Tilden
is elected, and that he does not blame them for get
ting excited when they find they not likely to be
able 10 establish the fact in legal way; but you
will seek a long time before you ind Democrat
who will say that he thinks the Republicans honest
in asserting that Hayes has right to the Presidency.
Nine out of ten at least go OIL into denunolAtorY
talk Of fraud aud usurpatiOn as soon as the topic Is
broached and many of the most cool-headed say
with great postivcness that they cannot conceive 1t
possbe for any fair to arrive at any other con-
elusiop than that 1ilden is the Presidenteect This
rather bigoted and uncharitable view grows, III
part out Of the assurance Of success felt by all DEM
ocrats during the two or three days following the
election but much of il may be attributed to the in
tolerant spirit which has always characterized the
party 1t has often seemed TO me that good
description Of the Democratic party would be,
body of men who never see more than one side of
question. Certain points connected with the final
determination of the great national dispute may be
considered as settled and in this lies a the progress
that has been made. These points arc as follows:
First: There is neither in constitution, law, nor
nrecedents any clear, undisputed guide as TO the
power of Congress- either branch OF IT, over tho
electoral vote. At the first election for President
the presiding officer of the Senate both opened the
certificates and counted the vote, with the approval
too of all parties. Since then the counting has been
done by tcllers acting mnsterally and the rght oi
one house or of both, to reject vote has been aus
puted question 1t settled by the I'D Jolt rlie
in 1865 but that rule grew out OF an abnormal con
dltion of afaiIs-the apprehension that the States
in rebellion after the election of 1864. would GER
tv electoral votes for Mcclellan to the President of
the Senate. In no instance, however, was State
reeular,y IN the Union deprived of its vote except
in Is73. when Arkansas and Louisiana were thrown
out because In each there were two conflicting State
governments.
Sooond. The Democrats, while not all holding
that the 22d Joint rule survives the refusal OF the
Senate to reenact It, take ground squarey ID favor
of the right of the House of Representatives. to re-
;eet the vote of any State, and many OF them main
tain that it, as the result of throwing ont one OF
more States neither candidate hrs a majority OF all
the electoral votes. then the House has right 10
choose the President.
Third: The Republicans deny both propositions
Some think the power to reject the vote OF State
resides in the Senate some that it only he exer-
csed Jointly by both houses, some that either may
exercise il, provided that both assent in advance,
40 was dome when the joint rule was adopted some
belieys that neither has any right or duty III the
PREMISES beyond witnessing tho mere ministerial
act of counting performed by the President OF the
sonotc or by telers but all firm in the opinion
thai the House OF Representatives cannot act Jnu- %
caly of its own Dotlon, All .4feih 10 De SinhJ th
eed that IL the right of rejection be conceded the
sJjdaia having majority after che sitting process
is completed is elected without the inteIPoSioh Oh
the House. u, "a, . .o,,o 90 tbo ir,l,roolio
+b ne,nocrats baSe their hopes OK success or being
Ii ,o divide the Republican majority ~ tlc Sellatc.
Tbs,1 think they have two chances 10 accomplish
fIS. G,at thpy will try the power OF perSnaslOn
and viii present the act ION OF the I-ousil. 4i
Penmbiiran Spiators viii not, they expect, longer
defend A. With majority in the Seilhte Il. ti'a ~
~ tbrowiuo out Louisiana. the NHoe lucSIiiGGH
yonld Of course be settled witOut lmthgr tolDip
Failing IN this, they viii try 70 Ir2hieh tp t
cans INTO submitting 10 their claims. IN v cseht
of Success ia this attempt. tho pTRenca ohllo ol
the difficulty would come also DY dciycl Ioi s
Republican Senators who would, lt IS thousIit kino
way rather than this peace OF the coun'ry III,
neriled That the Democratic leaders intehd 10 ts-
sist by force the authority OF Hayes Ia cas9 nc
| should be luaug guTaled do not believe, ou1 tieS
| will make loud threats OF doing 50. . -,
| Ti6d The Republicans intend to hOldresOlute2
IN the advantages the Consultation and thc laws anu
viii rrobby come together upon the theory OF tue
| Morton bill. fiiat beth heuses wheil acshg IN nc
caTd can rslect the vote of state, ana tcy may
oler Ia submit tie whole question as " tle power
of Congress IN corning the yote Io ~ w p ~
Gonrf bf t,icy viii go further II al enoits 90
ses,,r, HARMONY wIfh the Democrats fail they VII
that "a the two houses cannot agree ~ Is
| the dufV III the Presdent Oi ths ccpaS " "pin
the returns aud eouat the votes ~ M pllee ~ snv
Senate cha aRlbcr. There IS only one otheI MnS S
| ~, ~ Tbe atb oT March come with0at completing tilo
| fa1ns of aAcertahing the resrlt OF tlc eleet"n;
that coufse be 7esOrted TO % coinlh9Diise' slen
SLerman Conkling, OF Morton VIII De rIssreiis % 10
adj interim for year, ana Tue conh.S ", W., .,.Yt ~
nfnnerd info the agony Of another caInpalga ncAt
ball Business men Of oh parties protest. against
.sci, n eotapronise. They insist that the poLeiahr
hsll seffIe their quarrel speedily and hnaiy, aha
f1at fhe nation shall have four years OF 1ys.
before being harassed again with the hefce cohnes