The daily gazette., 1876-11-22
The Inauguration .
from the y. Y. World.

Much of the speaking and writing
about the possible result of an unjust
and illegal return made by the New Or
leans board, appears to proceed on the
idea that what we are in the habit of cal
ling "the Inauguration of the President"
will necessarily be a turning-point in the
legal relations of the situation. On that
theory, it may be, an army is to be con-
centrated in and about Washington,-a
movement which is well enough, and
proper enough, perhaps, if the authori-
ties have good reason to think violence
is meditated by the Radicals, or any one
else. But of what legal consequence are
the pomp and ceremony of what we call
inauguration day." If candidate is
lawfully declared to be elected, all that
is needed to make him President is that
he take the oath of Office prescribed in
the Constitution, and that oath can be
taken before any magistrate competent
under Federal law to administer oaths.
If we mistake not, the oath of Vice
President King was administered to him
in Cuba. The oath has heretofore been
taken by the President before the Chief
Justice, but there is no efficacy in him in
such matters, above any other Federal
magistrate, nor is there any special vir-
tue in the Capitol as the place. 1t is not
necessary that either Tilden or Hayes be
III w NHti tht
thority declares either of them duly cleo
ted to be President, and, according to the
legal ideas of the present Administra-
ton, it is not required that either be in
Washington to execute the office of
President. President Grant issued his
important orders of the 10th instant to
the army from Philadelphia. Occupa-
ton of the White House is, on those
ideas, not vital to valid acts by the Presi-
Tl,n Of foo fnr fItDf
edifice can therefore be thrown out of the
calculation.
Nor do we believe there is to be an un-
seemly row between the House and SEN
ate, if it shall be found that the two
bodies disagree land we do not think
they will disagree when the facts are as
sembled) over the right of the votes of
any State to be counted. If, when they
meet to examine the votes, member of
either body objects to counting any State
we assume that the Senate will with
dignity retire, if the hall of the House be
the place of meeting, and enable the
House to deliberate thereon, with pro-
propriety and decorum. If, on reassem-
bling, both houses agree to reject the
State. does any one suppose that the
President of the Senate will persist in
will the President of one body any the
more be disposed to count it? But if the
House decides to exclude, and the Sem
ate to include, the contested State; if the
President of the Senate nevertheless
counts it and declares Gov. Hayes to be
President and if the House, on the other
hand, decides that no candidate had a
majority of all the electors "appointed.'
and then elects Gov. Tilden to be Presi-
dent and so declares and so informs
him ? Then we have the spectacle of
two Presidents, both claiming to be le-
gally elected, both taking the oath of of
flee before a competent magistrate, and
the House upholding Tilden and the
Senate recognizing only Hayes. On
neither theory can Grant be in office af-
ter the'4th Of March to command the
army or anything else. He can possibly
before his term expires, convene the
next Congress to meet on the 9th OF
| March, 1877, but the two houses of that
Congress would probably differ just as
the two houses of the present Congress
! differ.
/ Now there is not necessarily any riot or
tumult or revolution in Washington over
this condition of two Presidents. All
executive officers, including army and
navy officers, would, to be sure, need to
decide, each for himself, which of the
two he would obey. The Senate and
House, of course, would not agree about
legislation. Neither President would
take, or order to be taken, any money
out of the Treasury without an appropri
alton therefor by Congress. The existing
annual appropriations would endure til
the 1st of next July, and then neither
President would have public funds tc
pay any official, civil or military.
The people of the United States ough,
to be able, and are able, to look all these
contingencies calmly in the face, becaus,
they ought to :be, and are, capable o
selfgovernment. They are not children
or hysterical persons, from whom :
statement of possible peril is to be with
held. On the contrary, it is for the pub
lie good that, while the general temper
is so amiable and healthful, the people
get clear and comprehensive view o.
what may happen if the President of tn,
Senate pessists in counting a State which
at least one House of Congress, ant
which great majority of candid persons
imay think it is wrong, illegal and fraud
ulent to count. The collecting of troop
in Washington, or the rumor of such col
lecting, compels the country to put on it
"thinking-cap."