The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-29
Tilden Really Elected.

rom tlf l'id hHH bi-eNr Dfc' 10
An extreme Republican claim has. ill.,
decd. been ad anced on heLalf Of tue President
OF the senate. according t. wnich tuat oficer
ha- the absolute right tu receive or not auy cleo
FIR this extraordinary power there Il no sanction
In the Constitution; II would be denounced by
challenged bv the House Of Representa-
uves. Were II admitted the President VI
the senate might take II upon him to
recognize A. the votes or the legitimate
Electoral College Of New YORK, for instance
packet Of ballots from a handful uf corrupt
politicians, fortified, perhaps by the purchased
decision Of a corrupt Judge. Moreover there is
on record remarkable declaration OF ths Prosi-
dent II the senate In 1857. when tho vote u
" Wisconsin was challenged for irregulsr,y.
Mir Mason to hi. declaration Of Buchanan's
election added these emphatic words: Not
undert king to decide and not having
Decided whetler the vote Of the State
{. Fremont, a power that the Chair utterly
disclsins aud never asserted" The power viii h
for himself must obviousl, inhere IN tue Houses
OF Congress, for some authority there must be
t. pronounce upon the question which OF two
set. of returns should he admitted. II Mr..
fsrfy, or any other Republican appointed IN his
place. should assume the right to decide such
points without reference TO the Houses the act
will he revolutionary aud Tuinous to tue HepuD-
The right of the Houses OF Congress to inter.
fere IN the counting OF the votes mas been au-
nulled, as the Republicans assert by the abro-
gation Of the Twenty second Joint Rule dehn-
ing the manner III Whlch tnat rlgnt should be
exercised. But the rule Was adopted IN 1875, and
the right, as appears from the debates upon con-
tested counts ia 1877, ls2l, aud 1851 as well AZ IN
the discussion previous to the adoption OF
the rule In 1865. was recognized a. exist
ing The Democrats Insist that right OF
this kind cannot be taken away by the
mere removal OF rule Cove ming its
practical application; stun less by the &C
ton Of one only Of the Two Houses which
agreed upon the rule. Iney point to such EVIL
deuce as Cay's statement when the amendment
Of the Constitution was adopted If one
House shoull say that the vote ought To be
vote would Ue lost altogether Unless this In
terpretation Of she Constitu ion can he over
thrown, the choice of the President must pass
to the House OF Representatives, eacn state
represented having vote. II has been question:
ed whether the absolute majority required ba
amaJority Of the whole number u electors or
Of the number lett after rejecting certain votes;
but there eau be little douut that the former Is
the SOUND view. lhe Constitution contemplated
an election uy fixed number Of electors, and
tine absolute majority Of these-lS5 IN tue pres
ent instance -ate necessary for choice. Butit
IL said the Republicans may prevent the cleo
ton from .zsing into the hands OF the Demo
cratic House OF Representatives by various ex-
pedients.
hut 10 this ferocty OF faction again we 10 not
believe that the Republicans dare persist, and,
voting by States, the Democrats have 80 large "a
majOriY-twenty two against hiteen-that the
minority, We should siy.wOuld be,wlthOut doubt,
oyerDOrne. 1t Is further beneVtd that the Re-
puhNcAus would endeaNor 10 prevent quorum
Uf the House from Assembling by Withdrawing.
there must be present member or members
from two thirds Of the Statea-iTom twenty Ia
al present and the democrats nave majority
among the Congressman from twenty two
ouly. But they nave without doubt one OF
more mem6ers rom several OF the 80 called lte-
pIblicdn States, aud "A quorum would be az ct
fectual with one memurr voting IA with all.
Unless, therefore, by manifest usurpatlOn, We
cannot see how the cnoice OF a President by the
House OF pTe+entatives Is u lie eydded, and
that choice will ~ matter OF course, be Mr.
1lden. II II De unaatist ctOTy that the election
has been regular, there IL oOnsolltlon IN tho
fact that the result accOrds win the Will Of the
a. ia
cratic ticket Is now calculated to be not less
than 1900.