New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-20
A DELAY OF THE COUNT.
DISASTERS 1T WOULD INVOLVE.


no COSsrirUTIoNAL METHODS LEFT IL IT BIZ DE-
LAYEp AFTER MARCH 4-MR. FERRY sHoULD
PyoCEED WITH TIE COUNT. III FIfIBUsTERiS0
Is RFsORTED To-HOw GEN. GRANT MIGHT SAVE
TROUBLE by REsIGSING.
70 the Editor OF The Tribune.
SIR: 1t Is only the part OF wisdom 10 provido
against not highly improbable danger, against an oo-
crrence which might change the destnies OF the nauoh
wreck the prosperity OF the people, ana MeAicanAe 'o
Government for the next quarter OF century Ihefe
are only few days In which the electoral count IL maze
at ALL must be made 1t would not be difficult ior inc
Democrats TO consume the time prior to the Atm OF March
without completing the count, while seeming 70 act IN
the best OF faith
The House of Representatives could not in such con
tngepcy elect President The House only authorized
TO choose President Immediately after the official count
has shown that no person has received majority OF tho
votes Of the whole number OF electors appoih'eu'
KIM Amend ConstJ The House then cannot elect
President unless the counting Ia completed ana u Is
found that Hayes and Mr. Tden have each rcce'eu
an equal number of vOtes-that there is te anu ho
election There were electoral votes cast each State
having appointed its full quota Of electors. and the IN
eligibility of no eecor duly ascertaned and ad1udsed
by a competent tribunal before the expiration OF the
term OF his Office by the discharge OF its function
and the legal limitation OF It's duration. Hence den'
Uavcs or Mr. Tildcn must have had majority; no tie
existed and the House cannot elect
the Senate elect a NlcP-ffesIlttt III" P"i-
son having the greatest number of votes VicePres
dent shall he the president II such number he ma
iory of the whole number of electors appointed ana IL
no person have majority then from the TWO highest
Numbers on the list the Senate shall choose Tue vice.
President" (XIIth Amend Constr When there Is no
complete count there is no determination rs To whether
anv person had majority. The condition precedent 10
the election Of vce-President by the Senate cannot
arise without counting and determination OF the votes
Furthermore the Vice President could not act a. Prcs
dent even II we had such officer. Observe the read
ing Of the following clause of tie Nlith Amendment:
And II the House OF Representatives shall not choose
President whenever the right OF choice shai dcV9Ne
mon em before the 18th day Of March ncxt following
then the VicePrcSdent shall act as President as ~ the
case of the death other constitutional disability Of tie
President.
But in this election shown the right OF choice has
NOT deyolved upon them" Neither would the general
provision the vce-President 10 act as President
apply. Section OF Article H. of the Constitution Is
the grant OF power on this subject
OF the removal OF the President froni once or
of his death, resignation, inability to discharge the
powers aud duties of the said Office. the same shall de
yo!ve on the Vice President.
There il no inherent power in the VicePresident to
assume the Presidency whenever he may desire He can
only lie President when clothed with that power ny inc
conditions Of the law But there Is in this emergency
neither removal from office nor death OF the fres
dent nor a resignation an inability Il discharge the
powers and duties OF the said Office from insanity or
other
Another points The President pro TEN. Of the Senate
cannot act as President neither las Congress the power
confer such right upon him, nor the speaker OF the
House OF Representatives. any other person. IN the
event of no election Following the clause of the Const-
tuition last quoted, find:
And the Congress may by law provide for the case OF
removal death resignation. inability. bu,h OF the
President and yice-President. declaring what officer
shall then act President and such oicer ShalI ACT
accordingly, until the disability be removed or fres
dent shall be elected.
Tie conditions precedent not existing wherein Con-
rress is permitted to provide by law shall act, law
of Congress on the subject wOnld be unconstitutional
Eat need not build man OF straw for the pleasure OF
toppIing him over. Congress has enacted a law upon
the subject but that does not contemplate the emer
gency now imminent The Revised Statutes of the
United states, page 22, sec. 146 read
In ease Of removal death. resignation, or inability OF
both The President and NiccPresdent OF the United
States the President OF the Senate or II there is nonc
then the Speaker Of the House OF Reresentayes; Tor
The time being shall act President until the disability
is removed or "A President is elected.
This law in full accord with the letter and spirit OF
the Constitution, and only provides for the emergencies
of removal death resignation, inability of both the
President and Yiee-Presdent Pardon illustration
yice-Prcsiden Wilson is dead Were President Grant to
die tomorrow, 'ihe President of the Senate"
for the time being" Mr Ferry, would act President
until az President shall he elected" Were our worthy
decided insane Nj Ferry would act until
the disability no remove" Zen Grants return to
can select a President pro temDcre each day, they
wish as they did in the Solomon Foot IN 1861 2.
MI Ferry is satisfactory. They could as legal
proposition. Gov Hayes Cen Grant, for that
matter President pro c as there is is nothing in the
Constitution that limits them 10 one OF their own mum
her, whatever the practice. Observe the rcpng:
The Senate shan choose their other Officers and also
President PRO tempO,e IN ihc abncc of The Vc'Presi
when he shall exercise the Office of President OF
the United States.
The Constitution does not provide FOR vacancy in
case OF nOn-eeoon (story's COnst l,lS0-l isi
Rowles Ccnst., ch 81; fuckers Black app 800;
Elliots Debates $50, 1901
As these propositions nndspntahe. let rejecting
people properly estimate the nc OF wisdom and patriot
ism OF those who attempting to prevent electoral
count until after tue ith day Oi March, and let them not
forget that with the cooperation Of Mr. Perry they
not without a REMEDY The Presidents term Is limited
10 four years by the Constitution, and 1t only deyove
on the ccPrssidcnt to I'LL the Gnexpred portion. Does
the following provision Of Article H. OF the Cn'ttu-
ZION seem q little inconsistent
and the Congress may by law provide for the OF
removal. death resignation. or inability b1th NJ the Pres
jdrnt and ircsden declaring what officer sfa then
act as President and such officer shall act accordingly
until the disability be removed, or President shall be
elected
Thus, while Gen. Grant in contingency act as
President after the 18th OF March next yet he TO
resign and the duties OF President thus dcyolye upon Mr.
Ferry whOmsoeyer might he President OF the senate
the time, such officer would under this provision Of
the Constitution be entitled 10 act President nntil
new President shall have. been elected and his election
daily ascerraincd, whether that should he year or
But when that election could legally would
yet remain dspuabe proposition The law providing
for an election within a year is only enactment OF
Con gress and it is TO be graveiy doubted whether ii s
constitutional Unquestonably Gen Grant would re
sign II satisfied that without 1t America would to
legal but of this lie might he easily
convinced; and although Mr. Ferry il held In public
estimation a very able, patriotic and worthy gentle