The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-08
senator taordon's Views upoIi the Pre-
sidcntiaI Question.

MIR, TILDEN-AN uNswERv1NG ADHERENCE
TO THE Law AND THE PRECEDENTs ASKED
FOR.
WASHINGTON, D. c., December "a, 1916.
Hon. Il. Fl. Colquih, Gouernor- Elect, Allan
td, Ga. s.---et-e.. --S-z. +, .ss'c7s ' go.
NV Dear Goyernor,-I do not wonder Mt
your anxious inquiry as to the prospects OF
Mr.. Tilden's Inauguration. believe him
to have been fairly, peaceably, constitu-
tioualIy elected. Such Is the conviction, l
think, Of the country-of all Democrats, and
OF large body of Republicans. who sup
ported Governor Hayes.
How any unpreiudiced man can doubt it,
or how his Inauguration can be defeated with
any show Of compliance with law, seems to
me beyond comprehension and to plain
people the assumption Of the office OF Chiet
Executive against the constitutionally eX-
pressed will of the people, would seem an
act of simple usurpation, and to mark
another stage in the history OF an expiring
republic.
or course it is idle, in advance OF the re-
mort OF the Joint committee OF the TWO
houses appointed for the purpose, to specu-
late as to the plan to be adopted for count
ing the electoral votes, but it is safe to say
that no plan which finds support in the let
ter or spirit OF the Constitution, in the de-
clared opinions OF its trainers, or In the
practice or precedents Of the Government,
or that will stand the test of time, can be
adopted to count in Governor Hayes. L
repeat that of all the plans Tor counting IN
that gentleman which the Republican press
is suggesting, and which take different hucs
with each succeeding day as party eXi-
gency or the public pulse seems to demand,
not one Of them has the least warrant OF
law or sanction Of commanding precedent.
Upon any one construction OF the Constltu-
ton, except that which would confer upon
the Vice-President all the powers which
| Congress possesses to count or reject the
vote OF States land that is no construction
at alD, the result of the counting must be
the election of MIR. Tilden.
| II, for instance, the prinaG .facle pro-
eramme, which was the Republican plan
until the action Of Governor Grover, OF
Oregon, is to be adopted, Mr.. Tilden has
| 1876 votes, and is elected. II, on the con-
trary, Congress is to go behind the certlh-
Gates and count the votes as given by the
people of the States, Mr.. Tilden has l9G
without South Carolina, and, OF course, Is
| elected.
II the twenty-second joint rule is to be
readopted, allowing either house to object
TO the counting of State, Of course the
House of Representatives will object to
counting Louisiana, Florida, and possibly
South Carolina, for Governor Hayes. 1t
cannot be supposed that the House VII!
ever consent to have these States counted
as manipulated by returning boards, who
have usurped powers not conferred by the
laws Of those States, and expressly denied
by the courts in two Of them. The result
on that plan would be to leave Mr.. Hayes
with only 1866 votes, and therefore not
elected. ...,
II the bill OF Senator Morton, now before
the Senate on motion Of Senator Edmunds,
should be passed, requiring all votes to be
counted from States which have sent UP but
one set of certificates, or the one counted
upon which both houses agree where there
arc two returns, then also would the result
be Mr.. Tilden's election.
Again, il that clause OF the Constitution
which requires for the election OF Presl-
dent majority OF all the electors appointed
be construed to mean Il majority OF electors
legally chosen, and the votes OF one or more
States should be rejected, it would leave 1874
a majority, and MI. Tildcn is elected. Or
il the other construction be given to that
clausc-viz., that it requires 1e5 votes to
elect-that Is, maj ority OF all the electors
appointed, whether counted or not-then,
although there would be no election by the
people in case any State were rejected, yet
the House would elect, and would elect Mr..
Tilden. .......
But suppose the joint committee should
fail to agree and the counting be left where
the Constitution leaves ito the two houses.
In that case the vote of no State to which
objection was made could be lawfully
counted; because, as counting is al affirm
ative act to be performed by both houses, it
cannot be done by one. What is the bust
ness of both Jointly cannot be performed by
one separately. In each State, therefore,
where there are more than one set OF re-
turns, neither could be counted il objection
were made. A count by one where it IS
clearly made the duty Of two is no count at
all. There is, L think, no answer to this
conclusion, for to count, and, Of course, to
count correctly, is the clear mandate OF the
Constitution to the two houses OF Congress.
Suppose the Republicans assume the posi-
ton that every State must be counted,
unless objected to, by both houses, and that
in those States from which two returns are
sent up that the one shall be counted, unless
both houses object, which has the Govern
or's certificate attached. Suppose, further,
that they base this claim on the doctrine
that each State is entitled to its electoral
is the one l have already given-viz, that
the Constitution requires the two houses
JOINTLY to count, and not jointly to object.
The vote to be counted is what the houses
must agree upon. and not the vote to be
rejected. And the answer to the States.
right doctrine-falsely so caled-is that ii
a State in matter affecting the interests OF
all the other States, it must be permitted
to speak the voice OF its people, and not the
voice OF returning board. The thirty.
seven other States arc entitled to protec'
ton against the forced and false utterances
OF throttled State. Better that State be
silenced temporarily than that she under
I compulsion should speak an untruth, the
precise reverse Of the verdict rendered by
a majority of her people. But let us &c
further. Suppose the House Of Represen,
tatives should abdicate, and consent to sc
through the mere form Of counting those
returns which in the doubly certified States
were clothed with the forms Of law. This
would be to ignore its constitutional power.
to examine into the correctness of the re-
turns. But could Governor Hayes bt
counted in even upon that plan The Re
publcans could thus capture, Of course
these three southern States; but by the
same rule the Democrats would, of neces
sity, capture one vote from Oregon; for il
the Hayes electors in Louisiana, for instance,
are certified by the Governor Of that State,
so is one Tilden elector in Oregon certi
fed by the Governor Of that State. II it be
said that the popular vote of Oregon was
over one thousand against the Tilden elect.