The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-17
4 r il. ness,lutisaary Prosramme.
IRON the New York Herald.J

rs we can, the apprehensions OF. civil ais
turbance which nny be felt by the business
community during the period OF suspense.
We are strongly Of the opinion that there
will be no disturban One foundation OF
this confident belief is the peace-loVlng ana
Iaw-abiding temper OF the American peo-
pie, who reprobate renewal OF civil strlie.
But there are other arguments even more
conclusive, resting on the folly, futlilty, ana
hopelessness of resistance to the olnclal
count on the second Wednesday OF FeDru-
airy. Neither side will be disposed 70 ACT
the part OF bull planting himself on a rail-
way track to butt and oppose the approach
ing locomotive for it can be made pam
enough that an attempt to install as Presi-
dent the candidate who may be excluded by
the regular count would be as seh-destruc-
tive as butting locomotive. Neither party
will undertake anything so insane after
deliberate survey Of the situation.
For the sake OF our argument we will
suppose the most dangerous and threaten
ing coniuncture that can arise-nameIy, The
election OF MIR, Hayes by the vote OF the
three doubtful States. II the local Board OF
Canvassers in any one OF them should award
its electoral votes to Mr.. Tilden there will
be an end to the controversy. AS each OF
these boards is Republican none OF them
will declare that the Democratic candidate
has received majority unless that be really
the case, and there would then be no shadow
of reason for declaring his opponent elect
ed. The only imaginable source OF trouble
is such action by all three OF the canvasslnS
boards as will give every one OF the doubt
full States to Hayes. It is that state OF things,
and that only. which can by any possibility
raise the question OF resistance; and in that
case the regularity of the selection would
be disputed by the Democrats, If disputed
at all. 80.
We are entirely convinced that II Mr..
Hayes shall be declared elected the Demo-
Gratis will attempt nothing so futile and
chimerical as to resist his inauguration. AT
that stage of events Mr.. Tilden could not
be made President without revolution,
and his party will not be so utterly dement,
ed as to court certain destruction by at
tempting anything OF the kind. We will so
into no hair-splitting retinements az to the
separate powers Of the House and Senate
when assembled to superintend the count
ing Of the electoral votes. These are mat
tiers upon which the Constitution is not eX-
plicit, and which afford abundant scope for
legal ingenuity without any possibility OF
reaching solid conclusions. No such con-
tingencv as disputed count was in the
contemplation of the trainers OF the Constl-
tuition, and they accordingly made no pro-
vision for it. Whatever ground may be
taken as to separate authority OF the House
and Senate in such coniuncture can be re-
garded only as strained and doubtful in
ference from language which is, at best,
ambiguous. Brushing aside all such legal
cobwebs, we will rest our arguments on
plain, broad, unquestioned, and lncontro-
vertible provisions OF the Constitution.
1t may be disputed what the respective
powers Of the two houses may be during
the progress OF the count, but it is not open
to dispute that no President can exercise
the functions Of his Office without the con-
sent OF the Senate. The first act Of new
President is to send to the Senate the names
of the men whom he proposes as members OF
his Cabinet. None OF them can be appointed
without "the advice and consent OF the
Senate"; and Senate whose majority be-
lieres that a man who sends nominations
has never been elected President, and has
no legal title to the office, Will not even con-
slider his appointments, much less confirm
them. If, therefore, the House, by its sep
arate action, should declare Dir, Eli den
elected in defiance OF the Senate, such
action would be nugatory for any pur-
pose OF investing him with the func-
tions OF the office. He could do no act as
President without the support and coopera,,
ton OF a body which rejected and derided
his claims, and which would refuse to re-
ceiye any communication from him in that
character. What could he do then? What
could the House do, or. anybody do, to in
vest him with actual authority Just no.
thing" precisely neither more nor less
than nothing" Even il his supporters
should be mad enough to take up arms and
attempt to install him by force it would
make no difference, for the insurmountable
barrier Of the Senate would stand. The
Senate would still share the power OF APP
pointmcnt, and the President, whose title it
denied, would remain without Cabinet, and
could not perform the first administrative
act. This conclusion, we repeat, does not
rest on strained construction Of doubtful
powers, but upon one Of the plaineSt OF the
cardinal provisions Of the Constitution;
Nothing can be more absolutely certain that
neither force nor ,fneSSe can make man
President whose claims to the office are not
recognized by the Senate. 1t would there
fore be sheer idiocy for Mr.. Tilden's sup
porters to attempt to make him President
in spite Of the official count, because even
successful revolution would not enable him
to administer the Government without
Senate to confirm his appointments. We
feel as certain as we can be Of anything that
the Democratic leaders will not butt out
their brains against this wall Of adamanf,
which they can neither climb over, flank,
nor batter down. ~ Iii, :
This argument, which is so solid and con-
elusive that nobody who attends, to it will
dispute its force, enables us to estimate the
value Of the eXpedient preached IN some
quarters OF defeating Hayes by the with
drawal of the House during the count. Ii
would be merely weak exhibition OF po-
htical spleen, which would neither arrest
the progress of the count nor prevent the
recognition OF Mr. Hayes's election by the
only branch OF Congress whose cooperation
he would need for entering upon his tunc-
tions. The argument by which this weak
eypedient is recommended is bubble.
1t is said that the Constitution requires
the certificates to be opened Gin the pres
ence of the Senate and House OF Represent
atives,o which is true enough; but it is
equally true that the Constitution does not
define what is quorum Of either branch Of
Congress for that purpose. The Republic
can members OF the House will not retire,
and their presence will be sufficient to sat-
isfy the requirement. When far more i'm
portant duty is to be performed by the
House-tbat Of electing President If there
is no choice by the people-the Constitu-
ton declares that 81 quorum for this pur-
pose shall consist Of member or members
from two thirds OF the States."' r..,.-
The. Republicans have in the present
House q MIN bar of members from .twanty-