The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1876-12-28
Hard to be Solved.


sible, and obstructive; and COMFORTS with
the general conservative tone that character
ICES the discussion of the political compllca-
tions, by the Republican press:
Never since the adoption. of the Cons,itu-
ton have the people of the United States
been called upon to deal with a question so
complex and so difficult of solution as the
one that nov threatens to disturb the peace
OF the country. OF all the statesmen who
are now struggling with the alarming cmer-
gency, Senator Morton is the only one that
saw the trouble in advance and tried to pro
vide againstt. For three or four consecu
tive sesslonsof Congress he pressed upon
the attentio4ilof the Sepate the necessity of
providing against the very combination of
circumstances that now confronts the two
Houses, anl,which has thus far bafied the
wisest stateSmanship OF both. He could
hardly get INPATIENT hearing, however. from
those who sSputed the suggestion that the
result OF a Presidential election might de-
pend upon the vote of State which one
branch OF Congress would accept as legal
and which the other might reject. Mr.. Nor
tons bill prescribing the manner of count
ing the electoral vote became q sort of stand
ing joke i'll the Senate. 1t was ALWAYS post-
poned when reached in the regular call. and
it was only lf the most persistent effort of
the reSolute and aggressive Senator who had
it in charge THAT it ever was considered at
all.
If Mr.. Mortan's bill had become a law at
the last SESSION OF Congress we are not GER
tain that it would have met all the difficult
ties that a:e now demanding solution, but 1t
would nave greatly narrowed the field of dis
pute The essential feature OF the bin is
th q tla vote of thQ Ctafa L-
the joint convention without the concurrent
action OF the two Houses. As matters now
stand the votes OF South Carolina, Florida
and Louisiana would probably be counted
for Hayes, because the Senate would not
CONCUR with the House in rejecting them.
There would be q dispute, however, us to
which set of returns from Oregon should be
accepted as genuine, and we are not aware
that Senator AIorton's bill provides any rule
OR test for the detection of fraud in censtitu-
ting the electoral colleges and in certifying
their votes. We do not know that it would
he possible to frame a law that would defeat
all the tricks of which INSCRIPTIONS poll
ticians are capable
Since the meeting OF Congress a dozen of
expedients have been proposed for settling
the PRESIDENTIAL succession, but all have
proved abortive for the reason that from the
very necessities of the case they contemplate
the defeat OF one of the candidates, and put
the party that sustafns him wholly in the
wrong. The plan which Mr.. Knott unfolded
in the House of Representatives on Monday
is more offensive to the Republicans than
any that has yet been suggested OIL the
Democratic side of the House. 1t not only
provides for the 81 mmary counting in OF Til
den, but it arraigns the United States army
and the Southern Returning Boards as the
,cf ttf mil o,,I
which the result of their votes has been put
in doubt. While it gives Congress authority
to Inquire as to whether such agencies have
been employed, it makes 70 provision what
ever Tor that most important of all inquiries
namely, Has there been free and fair
election? Whatever plan may be devised
for solving the difficulties that now beset the
Presidential question, we are quite certain
that a law so grossly partisan in its oroyi-
sons, and so shocking to the sense Of hui
mainly, by which at least one of the great
political parties OF the country processes to
be governed. will not be incorporated in the
statutes at large.
But assuming that the Senate should agree
to plan OF counting the electoral vote Chat
would concede to the House the right TO re-
ject the vote of State, the trouble would
be as far from a definite solution rs ever.
Throw out the eighteen votes OF the three
doubtful States and Hayes would have
l67 and Tilden 1S4 votes remaining. But il
the House OF Representatives has the ripht
to reject the vote OF a State the Senate has
the same right and we presume that there
are forty Senators who honestly and consci |
entiously believe that the States of Mississip-
pi and Alabama were carried by fraud and
intimidation, and acting upon this convic-
ton they would reject the eighteen votes of
these States, which would reduce Tiden's
vote to l66. Now it has been claimed that
when no candidate receives a majority Of
the whole electoral vote that the election de-
wolves upon the House Of Representatives.
in which event Tilden would be chosen, the
Democrats having a majority OF States in
the present Congress, This theory, how
ever, is disputed, and in the language Of the
Constitution certainly leaves the matter in
doubt-"the person having the greatest num-
Der OF votes for President shall be the Pres-
dent, if such number be a majority of the
whole number of electors appointed Now,
If the vote of a State is rejected by either
branch OF Congress it is a declaration that
no electors were legally appointed, and
that, as far as such State is concerned, there
was no election. The person having ma
jority OF the votes of the electors legally sap
pointed ''shall be the President" In this
view OF the matter Mr.. Hayes would be the
PRESIDENT, even after conceding to the House
all it claims touching the right to reject the
votes Of the '!disputed" States.
Laying aside this construction of the Ian
guage of the Constitution there are still SUBJ
stantial reasons for maintaining that the
trainers of the Twelfth Amendment to the
Constitution did not intend to confer on the
House OF Representatives authority to reject
the vote OF State without the concurrent
q ctt Of fhn To rl,a
complIshed was to provide a mode of ele ct-
ing a President by the people, and not nv
Congress, and it does not seem reason shle
to suppose that it should be left in the . over
of the House of Representatives to divest
the people OF this right by throwi.no ont
enough OF votes to leave all the car ldidates
| in minority. Such theory as thj ia con-
trary to the whole spirit of the Con stitntion.
and if carried out would completely destroy
| the system of checks and balances bv which
the equilibrium of power is pr ,seryed he
| tween the two Houses. The SenY tie has moth
ing to do with the choice of President: is #
unreasonable to suppose that the trainers of
| the Constitution intended TO. confer on this
| body authority to determine when there was
failure to elect by the people? Such a sun
position is entirely inconsistent with the
theory OF our Government and with the eolli-
ties OF the case. We have no respect what
ever for the shifting devices by which polti-
clans are trying to get rid of the crescent diff
ficulty by ignoring the letter and spirit Of
the Constitution and the precedents of fifty
years.
The whole purpose of the Randall Knott
| school OF politicians is to secure the adop-
ton OF plan Of counting the electoral vote
that Will throw the election into the House
OF representatives. 1t happens that there
is at present in that body Democratic ma
jority, when a vote is taken by States-that
IS, majority OF the States have a prepon
derance OF Democratic members in their re-
spectivc delegations. These men were cleo
ted two years ago, when the issues by which
the late residential contest was determined
were not before the country. Two weeks
from the time of meeting Of the Joint CON
ventlon for counting the electoral vote, the
present House of Representatives goes out OF
existence, and new House takes its place
in which the Republicans will have a ma
lorlty OF the States The Forty fifth Con-
gress would elect Hayes; the Forty-fourth
congress in its expiring hours wants to i'm
pose President upon Che country who could