New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-15
COUNTING rHR VOTE.
Opinion Of Caleb Cushisg ON the situu


view of the present complication. After an
Introductory interchange Of remarks about
the curious position of political affairs, the
following conversation took place:
Questionable. Gushing, suppose that it
should turn out that, according to the
record of votes as rendered by the authori-
ties of the several States, Mr.. Hayes has
lS5 votes and Mr.. Tilden 184 votes, and sup
pose that the Democratic party should pro-
test that the return of the vote of the State
of Florida, for instance, is q fraudulent
enc, what would be the effect of such pro-
tests
Answe--The constitution knows nothing
of parties; party conventions are wholly
outside of the constitution; no act of theirs
has any legal effect. The Democratic party,
as such, can only act through extra-consti'
danger. if any, in the supposed state of
things is to be found in the possible action
of the two houses of Congress, or rather
that of the present House of Representa-
tives with its decisive Democratic major
ity. There may be conflict of opinion and
action. between the Senate and House of
Representatives that would constitute a
very serious difficulty. 1t is possible,
though in my opinion altogether imprOb-
able, that the fourth of March next may
arrive without lawful declaration of the
election of new President, in conformity
with the prescription of the constitution.
For that contingency no provision is made
by the constitution. Several of the State
constitutions provide that the Governor
and other periodically elected officers shall
hold over in case of non-election or of the
failure to make legal declaration of elec.
ton; but there is, unfortunately. no such
provision in the constitution of the United
States.
Question-What would be the remedy,
ana is there any remedy, in case the fourth
of March should arrive without any law
ful determination of the two houses of
Congress in this respect9
Answer-I can imagine several remedies
growing ont of the necessity of things, but
all of them extra-constitutiOnal. do not
believe, however, that any such contii-
gency will arise. The people of the United
States are habituated to the practice of
self lfgovernment. They are distinguished
among all the nations Of the world BY their
practical good sense in the conduct Of pub
lio affairs. We never have military pro-
nuncian,ient0s, such as occur 80 frequently
in Spain and Spanish America. We are not
prone to insurrections. either on large or
on q small scale. We shall do nothing to
overturn the government abruptly and
under sudden impulse, We have had
civil war on . large scale once, but that
was entered upon deliberately and On full
consideration through the action of
the State governments of the separate
States of the Union; there and there
only lies the danger Of civil war in the
United States, or of any other effective &C
tion toward breaking up the machinery of
the government of the United States. But
in the contingency We are supposiDg, the
State governments do not intervene. The
precise question is of the action of the Dem
ocratic majority of the present House of
Representatives. Will they push the mat
ter to the last extremity, that of keeping
the count open and undecided until the
fourth of March, l do not believe so. do
not think We have any reason to believe
they will be guilty of such cOndact, which,
while unpatriotic to the last degree, would
be insanely inexpedient in 80 far as regards
their party interest. For the question is
not sectional one, and does not involve a
sectional division Of the United States
Democrats and Republicans are mixed to-
gether in all the States of the Union, and it
Is quite absurd, therefore, to suppose that
the Democratic House of Representatives
will promote civil war, which could not be
q civil war between one section of the
Union and another section, but in the heart
of every one of the individual States of the
Union. Hence utterly reject and discard
all supposition of any such extreme action
on the part of the present House of Repre-
sentatives.
Questions-But suppose we do discard all
idea of civil war or Of the promotion of it
by the present House Of Representatives,
still may not the difficulty drift on till the
fourth Of March, and so leave the country
without duly declared new President
Answer-I do not think that will happen,
for that also would be duly incompatible
with the quality of practical good sense
~ hos <ho >1o Vh mi toA
States and their representatives IN the two
houses of Congress. We are in fact con-
sidering all the timo what the Democratic
majority in tho House of Representatives
will do. Now, if they pertinaciously differ
with the Senate on the point, the effect will
be in the first place to leave the govern
ment of the United States in the hands of
the very persons by whom it is now admin
istered. The failure to elect or to declare
the army nd navy; it does not arrest the
action OF the Federal courts; it does not
stop the collection of revenue, internal or
external; it does not displace any of the
heads of departments, executive commits
sions, foreign ministers, or any other of the
employees of the government. All these per.
sons will continue in Office, and would, in
my opinion, be competent for the discharge
of all their duties, even in the contingency
President of the United States. That is
not state of things which the Democratic
House of Representatives can be sup.
posed to desire. Nor although the
| constitution does not expressly pro.
vide that in a case of non-election the ex-
listing President shall hold over until new
election shall have been duly effected, yet
it would not be rash to argue that such is
| the implied meaning of the constitution.
of 10 SI1nafPofad
| the State constitutions, might we'll come in
| to raise such an implication on the face OF
| the constitution. In that event, General
Grant would continue to exercise the func-
tions of President If it be alleged that
this is violent construction of the consti-
tuition / reply that it would be much more
violent construction of the constitution to
maintain that it intended, in certain contin.
| gencies easy to suppose, the government Of
the United States shall be left without any
head-in v that is called in some countries
an acephalous condition. If any Demo
I cratic statesman shrinks from s1ch sup
position he will shrink, in like manner
from forcing on such a contingency
While it is not to be imagined that
| the Democratic members Of the present
| House of Representatives will undertake
| to get up civil war in every State of the
| Union, neither is it to be imagined thai
| that they will pursue q course which shal
necessarily result in leaving the govern
ment not only under the direction OF the
existing members of the Cabinet, whose
| functions do not expire with the change o.
President, and who, therefore, hold ove1
legally, but it may be in the hands of Pres
ident Grant himself. Once at least in the
history of the United States it occurred
that twenty -four hours elapsed after thu
death of the President and before the &C
cession of another. During those twenty
| four hours the government went on smooth
| ly though in the hands of heads of depart