New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-27
u,yESs ELECTION ASSURED.

a.DITQ
.o,nleton Of the count under the direction of the
I,.s;dcnt of the Senate which will make it inopera-
49, They believe it will be in their power to re-
y, tho prosecution of the count, so that the last
c,'.o copnot be reached before Saturday. That
-. = Wisconsin. They have trumpcd up flimsy
tor,e against the eligibility of one of the Wiscon-
Elm electors which they will put in the form of
stioctiops This will require the two houses
- separate. Then the flibusters expect to
r-event q Resembling by making dlatory motions
Ttbe Speaker will permit, and, if not. by carrying
.ooess nv a stampede, until the Congress dies and
9TH il the Presidential count The President of the
Senate will they argue, have nothing further to do
oftsr the separation, because, all the eerthcateS
having been opened his constitutional function VIII
he exhausted BY the provisions of the Electoral
law the power of counting is denied to him. II there
were anv unopened certificates he could hold that
he ,ous in spite of the absence of the House, pro-
coed 70 open them; bat this will not be the case.
Tho seals on the return of the last State will have
baen broken and her vote will be hanging suspended
botween the two bouses That vote will be kept so,
according 10 the programme of the flbuSterS, UNI
III the fatal hour arrives.
This is an ingenious programme, and 1t appears at
first sight practicable. 1t has, however, ike'most
Democratic plots, the flaw of not taking into ac-
eount the power Of the Senate. While the conSpTa-
.o-s in the House are consuming the last hours OF
the session with their dilatory motions, or have sue
ceeled i'm getting recess until noon on March i,
tbe Senate after the two hours allowed by the law
for debate. Will vote upon the Wisconsin objections
and order the vote of that State TO be counted. As
soon as TIN; is done the title of Gov. Hayes to the
Presidential Office will be complete, because the law
says that if the two houses do not concur in reject
inc the vote of a State it shall be counted
The failure of the Joint Convention 10 reas-
sambe would not invalidate the result
The final proceedings in Joint Convention
wonld be merely formal, consisting only in the
reading Of the vote of Wisconsin as directed by the
President Of the Senate and the declaration by hun
Of the number of votes east for the candidates in all
the States and of the election of Hayes and Wheeler
The result of the count will he a matter Of record
and patent to the world and if the House prevents
its regular announcement III joint meeting II can be
proclaimed with equal authority by the President OF
the Senate. speaking from his own place III the
Senate Chamber.
Whatever contingency may arise in the count,
whether 1t goes as far as Wisconsin or not, the
Republicans have still a sheet-anchor to windward
If the execution Of the Electoral law is impcded,
te President of the Senate will open the certificates
and the votes will then be counted. All Repubh-
cans favor this plan and regard II as the
uufailng remedy for the tricks, violence, and
bad faith Of the embittored, INSCRIPTIONS and
cack-brancd minority in the House. Is ii consfltu-
tonal! In the highest sense, yes. 1t provides Tor
executing the Constitution and secures the defeat
Of the plot for uuifying the provisions Of that III
smment i'm regard to the election of President lie
prime object Of the organic law is to MAINTAIN
stable continuous Government, ana thereby to IN
cure the country against anarchy. No proper IN
depreciation would put such construction upon the
instrument as would deprive the country OF all safe
r9rd AGAINST the success of conspiracy seeking to
create confusion. 1t is absurd to argue that the
Constitution left a wide door open, through which
d,cord and anarchy are to stalk hand i'll hand. The
Constitution provides for the orderly election Of
President, and carries forward the process
Of asccrtainiug the result with care and
precision by mandatory requirement 50 as
10 secure a result with absolute certainty before
Gle lth Of March. 1t cOntcmplates no lnterregnum.
II sanctions no methods for defeating the regular
ejusummation Of the electoral count. Upon one man
SPACED the duty of opening all the certificates.
failure ot either house of Congress to perform lis
duty in the premises does not excuse the President
Of the Senate from doing what he IS mperauNciy
commanded to DO As soon as the House refuses TO
Meet the Senate to proceed with the count adopts
apolicy Of delay mauifestly intended 70 defeat the
declaration Of the result, he will be warranted III
giving notice that at hour named he Will
open the remaining certificates III ais Gus
tody 1t may be said that this would
b. violation Of the new Electoral law. 1t would
only be departure from the letter of the law to
carry ont its spirit and its justification would be in
The fact that the House had previously violated both
The letter and tie spirit of the law and had wholly
lulifed it and rendered its further operation i'm
possible. Tie law being thus set aside, the duty of
The President of the Senate to fall back upon the
Constitution would be evident The course pro-
posed would then be constitutional, because 1t would
execute the Constitution preserve the Government
and avert anarchy.
Alurther question arises Is it feasible! believe
entirely and this appears to be the opinion Oh
81 eadihg Republicans. 1t may be objected thdt
n0 Democrats III the Senate could prevent the OPEN
"gof The certificates by introducing resolution
restraining the presiding officer, and then talking
upoa 1t until noon on the 4th Of March. The an
t"eI Is that the President would not receive such
'e'OiluoD, and would not recognize any Senator to
"nslhe time by speech-making. The obligations
VI 'Ae Constitution would be superior to the rules
u 'he Senate. The first and only thing III order
nc you'd hold to be the opening of the certlhcates
al tle machinery Of the count would be III opera
ul. lie two tellers formerly appointed by the Sem
axe would take their places at the desk and pro-
S1ce the taliy-sheet ready for the final entries
:" unopened certificates, safely guarded since the
OuA' begun, would only need to be taken from the
Jokes and the seals broken. 1t could not he objected
u4' The President assumed TO count them without |
.snI Tor he would not count them: he would only
"% De has done with those already cOuntcd-hand |
o'a 10 the tellers, who would read them and enter
ns votes on the taly-sheet. Nor would the pro-
S'uihg take place in the presence OF the Senate
si'he ior all the Republican members OF the House
slu many Of the Democrats would come over to lend
san Al. ia