New-York tribune., 1876-12-22

tice and nothing for party, has somewhat
| more deliberately arrived at a cohclu-
| sion not materially different The editor
of Hapcr's Weekly, who has not been
| known as an unscrupulous partisan now
argues with great force and carneStness
that the question of the appointment OF cleo
tors can be decided only by the state
| laws and the tribunals created thereby
1 for the determination of that question. In the
| Senate we find men of learning and high
character, like Senators Christiancy OF Michi-
gan, Cameron of Wisconsin, and Booth OF
! California, reaching the same conclusion. Both
| In tbe Senate and the House we ind the ne
| publicans willing to submit the question 10
the decision of any impartial tribunal, while
| the Democrats refuse Finally, the best ana
most independent men of the Southern De-
mocracy honor themselves by declaring man
| fully that they will not countenance any re-
sistance of the legal decision.
How shall that decision be reached 7 Ihere
! are only two constitutional modes. Either the
result Ms shown by the official certificates Will
be declared and accepted, or, after such inyesT
tiration and debate as the gravity OF the case
reou;res. the vote of one or more of the South
| ern States will be thrown out, and the duty OF
electipg q President will devolvo upon that
Vouse of REPRESENTATIVES which is in existence
| when that decision is reached. Inc oihciai
! vote of State cannot be lightly ana has'iiy
disregarded. If that extreme step Is 10 De
taken at all, it can be taken only alter iuii
| examination and discussion. 1t Is utterly iuie
| to suppose that Senators who teei the
| weight of responsibility Will consent 10
measure of this character WITHOUT
| a full hearing OF the evidence anu
the argament on both sides. Such ne
cision. therefore, can be reached only al'er
| weeks of consideration. IL sOmo senators are
ready to act at once, believing that they nave
| mastered the whole subject, others VIII oe un-
willing until they have heard botn sides' anu
! under the rules of the Senate comparatively
small number of members can prolong the
| discussion for some time In TINS case' we
believe, the number who will be dlspoSed 10
refuse TO 60 behind the certificate ot state
will not be small, and they will naturally ana
| properly insist upon full discussion before SUCH
| q step is taken. ,
Ucncc. when the Senate votes upon the
| ouestion whether it will consent to an lnVes-
| tipation of the validity of the certificates, IL
| virtually decides whether the counting OF tue
| VOTES shall be completed on the 14th OF Feb
| r,,orv or not until after the 4th of March. Ill
the Democratic Senators insist upon that i'll
yestigation, rs they now seem disposed 10 ao'
tbey must do so with the full understanding
! that the election of a President, in case the
| votes of certain States should be thrown out
will not then, in all human probability, fall
| into the present House, which expires on
the' 4th of March, According to the ingenious
thesry lately propOunded, it may fall INTO
| the next House If not, it will be held that
there is then vacancy TO be filled Ill the
constitutional way-the acting Vice-President
assuming the duties If the notion that the
| next House could elect-as it might fairly
| enough claim TO do on the ground that 1t
more nearly represents the present popular
will-shonld gain the approval OF the const-
| t,ifional lawyers, then it will he found that
in,that House majority of Republicans has bee'.
| elected without question in nineteen States,
| has been declared elected in three more, South
| Carolina, Louisiana, and Florida, and ia rea-
| sonably certain to be elected III another
Nsw- HAMPSHIRE In several of these States
| the inJependent members hold the balance OF
nosyer and the election of Mr.. Hayes is pos
slide. if the decision should be thrown into the
| next House, only because the course oil the
Democratic party has been such as to repel
independent support. If the great question Is
decided in the Senate it will be decided by in
dependent men. If the vacancy is left to be
filed by the President of the Senate, he VIII
he chosen by independent men, If the election
il thrown into the next House it will still be
decided by independent votes.