New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-17
THAT THE PLAN MEMS.

Certain Republican members OF Congress are
in danger of making a grave mistake. Ihey
cannot foresec the consequences, If they con-
cede to either house the power to pass upon
the validity of returns. Whether they gam or
lose q temporary advantage for their party Is
of small consequence, but it is not of small
couseouence that they will effect great change
in the character of our system of government,
and take revolutionary step which Will lead
to other revolutionary measures hereafter.
Doubtless our Washington correspondent is
right in the opinion that the two houses are
likely to unite in declaring that the wee
President has only ministerial power in the
opening of the certificates, and IN asserting
the power of Congress to decide whether the
votes thus certified shall be counted, or, In
case there are two papers purporting to be
certificates, which of the two shall be included
in the count. The tendency to grasp power,
and TO magnify an Office, is as old as human
government. Yet this assumption OF power
would be a clear usurpation by the legislative
branch of the Government. it is departure
from the teachings, aims and explicit direc-
tion of those who framed the Constitutions 1t
is disregard of their early example, and q
violation of the express requirement that
" the votes shall then be counted namely,
the votes recorded in "all the certifi-
"c Gates" which the Vice-Prcsident is COM
mapded to open. In truth, the fathers of the
Repubc aimed to remOye:t he.chOice of an Ex-
ecutiye completely from the control of Con-
gress. Only in case of failure to elect by
the people is there any power gwen to either
house of Congress, and that power was from
.%aI lp.f ,Nn1lx ~
prescribed that the House could constitution
ally elect as President no one except one OF
the two candidates for President and Vice
President for whom the successful party had
voted WI hen the Constitution was In that re-
spect changed, in 1904 wider choice was
indeed given to the House, but Its time of
choice was limited and nothing whatever was
done to give Congress the slightest supervisory
power over the count of votes forwarded by
the people themselves, acting through their
State organizations
Examination OF the debates in the COnsti-
tutioual Convention and in the different States
will show that this denial Of power to Congress
20 control the election of the Executive was
by no means accidental. 1t was a vital part
of the theory of government upon which the
Constitution was framed. We all know that
il was once proposed that the President should
be chosen by Congress, but this was deemed
dangerous because it would destroy the de-
sired independence Of the Executive For that
reason. and to retain as far as possible the
neculiar relation Of the States, having powers
narfly proportioncd to their number and
partly to their population, the cumbrous cleo
toral system was devised. 1t will appear that
even in the mere formality of counting the
votes certified by the States, Congress was no
only not empowered to interfere, but II was
held IL. [ such interference would IN another
form only give to Congress unbndled power
and make the Executive unduy dependent on
its will.
We warn members of Congress that 1t Is
great and dangerous revolution in Our form OF
government to give to either house or to both
houses the power to cast out the duiy certihPd
vote of State. That power has never been
exercised. Votes were excluded, during and
after the war; only Oh the ground that certain
communities, having rebelled. had not been so