The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1876-11-30
A CLEAR STATEMENT,


Suppose that the States Of Florida
and Louisiana are returned for Hayes
by the proper authority, and that the
Democrats, knowing that tho returns
in the custody of the President of the
Senate give Hayes majority of one,
seek to prevent his election by the re-
ject of one or more of those States.
Florida is reached, and Democrat
rises and objects to the counting of
her return. Ifthe joint rule were in
force the Senate would withdraw to
its own chambers and each body would
vote separately on the question. Now,
the President of the Senate will say
that there is no rule under which he
can entertain the objection. He will
order the count to proceed. Suppose
an appeal is taken from this decision.
The presiding officer will decline to
put the question to the joint conven-
ton, because there is no rule under
which the two bodies can vote upon it
separately, and to vote together would
be for the Senate to surrender all pow
ers to the numerically superior House,
What resort would the Democrats
have in this event :? They might with
draw in a body, but the House would
still be constitutionally present, and
the count could proceed just as well
with only the Republican members as
spectators. In no way could it be in
terfered with save by riot which
should drive the presiding officer and
tellers from their seats or destroy the
returns. Such contingency is not
worth considering, because when one
enters the field Of revolutionary pro-
ceedings it is as broad as it is horrible
The forms of law which make a Presi-
dent are few, but the forms of lawless-
ness which might destroy their opera
tons are many. But might not the
House formally by resolution refuse to
be present at tho count, and SO deprive
it Of validity? Certain frantic news
papers have proposed this course. 1t
might be resorted to, but it would be
just as fiat rebellion as to train cannon
upon the capitol or to sack the Treas
ury. The Constitution commands the
two House to assemble in order that
the votes may be counted in their pre-
sence. If Democratic majority in the
House should pass resolution. and
then absent themselves, it would be
the constitutional power and duty of
the Republican minority to meet and
compel the attendance of quorum by
arresting absent Democrats and bring
ing them into the House. Sergeant
alarms Thompson would be directed
to hunt up the absentees, and appre-
bend them wherever found. The joint
convention would adjourn from day to
day. If no quorum was obtained by
noon on the 4th of March, the Presi-
dent of the Senate pro tempore would
by virture OF the Constitution and the
law of 1892, assume the functions of
the President Of the United States.
This expedient of breaking up a quor-
UNI is SO impracticable and SO palpably
unlawful that it is not at all probable
that the Democrats will resort to it.
The votes will be counted az prescrib-
ed, and if Hayes aud Wheeler have a
majority of one they win be declared
elected.
Can President Hayes be inaugurated
in the face of the united opposition of
the Democrats in Congress Beyo nd
all question. Protests, resolutions,
talk of fraud in the doubtful State, or
reports of partisan committees of the
house sent to gather er parte testimony
III Florida and Louisiana, will avail
nothing. The President elected in
conformity with the provisions of the
constitution will be installed in office.
Oppositions in the form of resolutions
and speeches will be treated as ebui-
lions offs defeated party. Opposition
by force, if it arise, and this is con-
tingency scarcely to thought of as pos
siblc, would be stamped out as rebel
lion by the employment of all the
powers of the governmcnt.-N. Y.
Tribune.