New-York tribune., 1876-12-04
TIE SITUA1TON AND TIE PERIL.

TIE SITUAITON AND TIE PERIL.
On Wednesday the Electoral Colleges are to
record the vote cast for President on the 7th
of November Within two days of that time
the country is yet uncertain who has
been elected OF the three States so
long in dispute, Florida and South Car
olina are at last admitted to have given
maiOrites for Hayes on the vote actually
cast, and it is believed that such re-
vision of this vote as the Boards of Canvassers
thought it needful to make would in each case
increase the majority.
Louisiana, on the other hand, is clearly for
Tilden on the vote actually cast. The whole
doubt, therefore, as to the result turns upon
the vote of this misgOverned and distracted
State. Impartial correspondents, who went to
the ground strongly inclined to believe III
Democratic victory, now say that gross lntlmi-
dation has been proved in a number OF
parishes sufficient to warrant or indeed TO COM
pel the throwing out of their votes, and that
there is evidence of sickening array OF out
RACES, utterly unlike the old bloody-shirt sto-
ries with which the country has for years been
disguised. 1t is admitted on all hands that the
Returning Board is proceeding strictly
Louisiana laws, and no apprehension is ex-
pressed that it will in any particular act with
ont warrant Of law. Ncr does there seem to
be any doubt in the minds of either Demo-
Gratis or Republicans on the spot that its ult-
mate decision will be that majority OF the
fair vote of the State was cast for Hayes.
The whole attack and defense will then be
reduced to a mere matter of conflicting pre-
sumptions. The Democrats assume that the
action of the Board, though legal in form is
fraudulent in fact because of Q) its former
misconduct, (2) its refusal to fill, with Dem
ocrat, the vacancy in its numbers, and (3) its
refusal to tell the Democrats in advance when
it was going to take up the case of disputed
parish. The Republicans assume that the
action of the Board is honest as well as legal,
because (1) there is no proof to the contrary,
(2) there is known to be Republican majority
in the State, (3) there were year ago
heavy Republican majOrities in parishes
which now do not return Republican
vote, and (D there is overwhelming
evidence of intimidation, outrage and murder
| in those localities on election day or for some
| timo previous But on either hand, observe,
there is no question that the Returning Board
is acting within the law and exercising only
powers specifically covered by law.
Does this situation, and do these presump-
tions as to Louisiana warrant semi-revOution-
ary efforts to prevent the election of Hayes
That is the precise question understood to be
now pressed by some of his intimate
friends, upon Mr.. James Russell Lowell
of the Massachusetts, Electoral College. He is
asked, it is reported, either to vote directly for
| Tilden and Hendricks, or to cast his vote for
Peter Cooper, or some other person, and so
throw the election for President into the
House. and for Vice ce-President into the Senate.
| in defiance of the trust explicitly cOnfided TO
him by the people of Massachusetts, We do
not hesitate to call such procedure semi
revolutionary. There is no law OF the land
more binding than the unwritten law
as to the duty of electors, under
which Mr.. Lowell accepted his office
He was chosen to do specific thing
The people intended to give him no
discretion in this matter, and he consented to
take the Office on those terms. For nearly
tbree-ouarters of century they have given
no discretion in this matter The rule that
an elector is to do what the people
on the day of the election decide that
| they want him to do, is as binding here as
any part of the unwritten British Constitu-
ton is upon British statesman, and the one
can be no more violated than the other without
personal dishonor. The Massachusetts, eector
is not responsible for the Louisiana cleo
| TORS. or for the general result He
is responsible to his constituents for
the work they gave him to do, and which,
under sanctions quite as solemn as those of
any official oath he could have taken, he has
agreed to do.
We apprehend, however, that the real trouble,
if there be trouble next Wednesday, will not
be with men of Mr.. LowelIs type. The
prize for which this struggle is made, is
the greatest ever placed in this country on
the turn of a single vote. That vote would be
worth to Mr.. Tifden and his party any polid-
cal preferment, or any pecuniary expenditure.
| Can they buy it'll