, 1876-12-27
TILE PRESID ENCY.

AURORA, ILL.,, Dec. 2G-ln your editorial o
last Saturday upon tho reported theory Of tho
Public Of New York, that there was likely to 10
deadlock In Congress- preventing count OF
the Electoral vote before March next, and In
that case that IL would dcvolve upon tho new
House Of Representatives to choose tho rrcsf-
dent, think you arc right IN your conclusion
that the Public is ali at sea, 50 far as any such
power In the now House Of Representatives. ia
concerned. The limitation In the first section OF
tho Twelfth Amendment Upon tho power Of the
House, BY requiring its exercise before tho 4th
Of March next following the opening ii the ccr-
tificntes, clearly lsposes Of that theory. But
arc you right IN the later conclusion that you
state, TINT, II Gen. Grant goes out Of Office on
tho 4thof Aarch without a successor having been
chosen, there will be vacancy in the Offices OF
both President md Vicc-Frtsilcnt,s saud new
election will have to be called under tho pro-
visions OF tho United States law requiring q
special election whenever there Ia q vacancy III
both Dilires at any tftne during the lrst three
years Of the Presidential term"2
1t seems to ME that tho Twelfth Amendment
fs open to a construction wll[cb does AWAY With
tho necessity Of a new election In case such
dead, should oegur: Tho Senate, afier tho
having tho highest number Of Electoral votes
for Tint office, q rfce-presilent, who, tMmcdI-
ntely upon quail ying as such, would under the
Constitution bcc0nle the President.
! copy SO much Of tho Twelfth Amendment rs
is NECESSARY to render the point mike easy to
bc understood:
eEcroN !. The Electors shall meet in thets re-
sgectiyn Suites aud vote BY ballot for President and
nst it, of al voea 'Sy fSr rs Pesaent
and Of al peraons voted for a. Vice -Prcsidcnt aud,
o he nmeeF Of yoos fGr each which lint they
directed to tho President Of tho Senate: tha PEest.
don't Of the senate shall. ia the presence Of Tue
cofthcates, and tho votes shall then 10 counted;
the person having tue greatest number OF votes for
presldent shall be the President II sach number
pointed; and II no porron have snch minority, then
from the persons having the highest number, not
exceeding three % tho 1lst q those voted for a.
choose Immediately, by ballot, tho r1esldnnt::
And e the House Of Representatives ahall
Mareh nc1t following, then tho Vlce President
sh act a. II The Of death
Of soies a. sPresllont shai te tho
don't II =. sns number 10 majority q ths WHOLE
6ors s on thc iist tue senate shal choors Vice
IL " of to Seis E Of a
md majority Of the whole number shall DO necca-
saFy 10 choice.
No falr question can be made nentnst the
tHNpQoltlQA kuuk III VI tAQ A%Lo lEAuAL0N W Uc
donc by tue first section must be fully per-
formed In the interim between the election
Of tho Electors md tho 4th Of March
then next following. The same House
opons e Ss Certificates ts rcsaon. ss Il
tlc Senate must exerciso tho powor Of choosing,
III casc no person has tho 0reatest number Of
votes being those Of majority OF the whoso
o n"otf q eIase nssts1 spHnts a Gs tint pGss
used by the Constitution relative to it's exercise
arc "iinmrllatc.y and "bc[ore tile 4th day Of
March next following" The reasons for tic
limitation US To the time Of tile exercise OF this
power arc twoto!d; "a Tint body havinE the
perform tho duties OF President for the next
tcru,, It should proceed at once. fo.) Its own
lfc expiring on tho 4th day Of March next fol-
lowing, there H. the greater reason for the re-
quIronlcnt that It be dono " Immediately" and
bclore the legnl dissolution Of that body. The
time for tho choosing Of Vtcc-prcsdent by tbs
Senate, In case no person ehl1l lave tho
votes Of . majority OF the Electors appolnted,
The EcMnte 10 not required to proceed to choose
- Immediately nor to make choice by tic 4th
day Of Mnreli next following. 1t may do 60 nt
any time after tho contingency requiring tho
two highest members on tho list the acnate
sha4 choose icc-Prcsdent."
While It Is true that the same political reasons
exist for tho prompt decision OF who Bhall excr-
ClSV LUZ pUHClo III k4EolAEuG 1J t1lt CGtALG A8
by tho House, tho eanc reason docs not inhere
III the body Itself. The Senate is continuing
and permanent body: Like the King, It nevcl'
dies. Its members Change frQm tFnlc to time, q
part going out and their places being filed by
uthars cacl, two years. but the botly ltsolf In il
legal MID constitutional aeHsc, continues ail tho
willie the tnsnc. On the other llnnl, cach House
Ut Representatives comes to an eu1 hiennlully,
II the country shall bo 50 unfortunate as To
Witness deadlock fh Congress upon the count
OF tile Electoral vote, IL will bo BECAUSE there
will l,o u difference Of Judgment l,ctwccii tlso
two Houses a. to which set nf can0ldntcs fiavc
received tho votes ,of a majority Of all tho
Electors appointed. Assuming, for this pur-
pose, that both Houses l,ave tho right to par-
ttclpate III tho count, II tho dcad.loek should
pOntinuc until tho 4tia Ut March there would bu
no election, since tho completed count is essential
to complete the election and ycst tho Office But
the iact would remain bgYuIIll dispute by anybody
| TINT hfr. Wheeler md Alr. Hendricks would 10
"the two Highest numbers Oh tho listn Of per-
SONS voted Tor rs Vice-presidcnt by the Elect
ora. Why, tlcn, should not tho Senate, when
properly conyoned, proceed to choUsc ono Of them
IA cc-Presllcnt, t,i titus solve the question: In
stead Of resOrtlnE to new election, the atrain
| OF wtIch would bU universally fcarcdt For this
purpusG tho SenAto could be coEyenel by proc
lattiatton OF President Grant OH tho 81 of March,
befuru Ills term elIpul1 expire, or probably by
| the President of tho Scnatu on or attor tho 4th
| Of Murrh, Us Acting President Of the United
| States, T.. C.
MIR. ROOTS NEJOINDt:N.
10 the Editor NJ Ths Tribune.
| CHICAGO, Dec. 2U,-ln NlDnlny's edition 0l