New-York tribune., 1876-12-29
THE ELECTORAL VOTE.

NEXT HoUsE-THE OREGON TRICK FAILURE.
lFRoM THE REGULAR CORRESPONDENT OF THE IRIBuSE.l
WASHINGTON, Dec. 27.-Every step taken by the
committees Of the Senate and House of Representa-
tves appointed last week to devise some basis for
the settlement of the great controversy over count
ing the electoral vote will be watched with the
greatest interest here in Washington and through
out the entire country. They may not reach the
same OF similar conclusions. Perhaps that would be
too much to expect of committees controlled by
rival parties in time of excitement like this, and
when the prize for which they are cOntesting is so
great. They maynot agree to recommend any rule
of procedure to guide the joint convention when it
meets in the Senate chamber on the 14th of Feb
ruary. But their discussions and their reports will
certainly be of great value. They will clear away
much Of the rubbish that now surrounds and OBJ
scures the questions at issue, and show what has
been settled by the Constitution, the laws and we'll
established precedent, and what the actual differ
ences between the two houses of Congress are.
1t seems to me very fortunate that the counting
of the electoral vote does not take place until after
Congress has been in session two and half months.
On the second Monday in December the members of
both houses came here hot with the excitement of
the campaign and of the month of suspense which
followed it, many of them with vague notions Of
the Constitution laws, and precedents applicable to
the unusual condition Of affairs, and each with
plan which he believed If adopted would result in the
Inauguration of the candidate of his choice. Three
weeks free discussion has shown how impracticabe
the most of these schemes and if it continues in
the newspapers in Congress- in the committees that
have been appointed, and in the private political
gatherings until the second Wednesday in February,
both houses of Congress will become better and
better fitted to deal with the delicate questions
which they will then have to decide, unless some
thing unforeseen should occur to kndle excitement
anew and arouse partisan frenzy.
Many Of the suggestions which individual Mem
bers of Congress have made have not got into the
public prints before they have been abandoned but
others have led to long discussion, and although
never formally relnquished by those who for a time
defended them are no longer accepted as the basis
of a probable solution Of the difficulty. Some of
these shall enumerate in this letter. giving some of
the why each plan is no longer seriously adj
vOcated is not likely to be adopted / cannot
predict what the joint convention will do on the
18th Of February but | do know with reasonable
certainty some things that it will not do.
First: The President of the Senate will not of his
own motion assume the responsibility of deciding
in regard to the validity of the returns from any
State which come 10 him in the customary form.
When it was first learned that the Democrats would
send pretended returns from South Carolina, LOusi-
ana and Florida, for the purpose of laying the foun-
datOn for questioning those that come with the Off
cial seals Of the recognized authorities Of those
States it very generally held by Republicans that
the President of the Senate could, and undoubtedly
would, prevent any such question from being raised,
by refusing to receive any returns except those
which he knew 10 be the genuine ones; and il was at
one time published fact that Mr.. Ferry would
be informed in advance by Cows. Chamberlain, Kel-
logg aud Stcarns who the messengers were from
whom he should receive the returns of their States
and that ho would decline to receive any Others.
Mr. Ferry's action already has shown that this re-
port was not founded i'll fact. To refuse to receive
any returns would be TO decide in advance of the
Joint convention between the contestants In those
three States No such power has ever been conferred
on the President of the Senate either by the Const-
tuition the laws, or precedent, and the Senate has
given Mr.. Ferry no instructions in the matter.
without the authority of one or the other OF these
the President of the Senate would assume no such
responsibility.
conclude. therefore, that unless he is previously
instructed otherwise Mr. Ferry will do rs Vce-Pres-
ideut Colfax did in 1873. Where he has received
two sets of returns from any State, he will open
them both in the Joint convention and announce the
fact of their reception, calling attention TO any
marks that either may bear which will assist to
identify il as the genuine and legal return. For i'll
stance. If one is certified by the Governor OF the
State and bears its broad seal, while the other is
signed by some other person. that fact VIII be re-
marked when the packages are opened. But the
President of the Senate will not even then decide
which return should be counted, if either, unless
that power is expressly conferred on MN III advance
S,eopd: The vote will not be counted by the Presi-
dent of the Senate. My reasons for this belief are
twofold expect the Senate i'll the absence OF any
rules will follow the best established precedents
where the Constitution and laws are SILENT ana
know that the House aud believe that the Senate
will not agree to ntrust the acting 'lce-freSdeht
with this power. say that the Senate, IN the aD-
sence of rules will follow the best established pre-
cedents where the Constitution and the laws are
silent. know that when the first President was
chosen under the Constitution, the Senate in obedi
once 70 n resolution passed by the Constitutional
Convention elected President pro tem for the sole
nurpose of counting the vote and it has been argued
ho the massage of that resolution was in effect an
interuretation Of the Constitution on this point by
10 framers. This may be true but If 30, 1t was an
accommodation that was not accepted, for ever since
that time the houses through their telers have par
,icpated in the counting o. the electoral VOTE inns
upbroken line of precedents has acquired almost the
onthoritv of written law. The Senate is distln-
guished for its respect Of precedents'
lido not think a resolution could be passed by the
senate in its present temper, conferring upon Its
President the right to count the vote. The Demo-
crafts would onposc it uns nimously, and would de-
hate il unttas 18th of February if they could not
defeat il in any other way. have trustworthy IN
formation also that number OF the most innuels'a,
Republican Senators will oppose such Soiu'ion Vi
the difficulty if it is proposed, and that there ale
A. III
iori,, of the bod :. know that when Senator Nor
- oIoctorol hill WAS debated in the Senate