New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-12
THE ELECTORAL COUNT.
DOUBTS GATHERING UPON DOUBTS.

| fOLLOW-AFTER MARCH WHAT THEM
IRON THE REGULAR CORRESPONDENT OF TIE TRrBUNE.l
| WASHINGTON, JAM lin q recent letter to The
TRIBUNE on the Presidential controversy. enumer-
ated somc of the thing which then considered 40
substantially settled-theories that had been ex-
plodcd by free discussion plans that could not be
carried ont claims that would have to be abandoned.
| ! then discaimed knowledge of what would he
done and have gained no new light in that direc-
ton since. The domain of what is possible to hap
pen in the next two months is boundess and no ono
can explore it in advance; but there are certain
things that have been SO well established that their
recurrence may be looked upon reasonably prob
able. Some of those shall now point out claiming
at the same time no exclusive of knowledge.
My conclusions drawn from somewhat hasty
examination of tho history of the count Of tho
electoral vote on former occasions and familiarity
with the opinions of some Of the most influential
men in both partcs-men who will be likely to give
direction to events.
First: The joint convention to count the electoral
votes will undoubtedly meet in the Senate Chamber
on the 18th of February. do not think the place
OF meeting will be considered matter of very great
consequence six weeks from now, and il is therefore
hardly probable that there will be much of con-
test it. In the earlier days the Senate Cham
Der was always the place chosen for the ceremony.
Subsequently, when the members of the House
venently accommodated there the Hall of the
House was used and the Senate marched over to
that end of the Capitol in solemn procession.
headed by its president and sergeant-at-arms bear
ing the unopened returns from the Electoral Col
leges. On one OCCASION in 1901, when the Senate
and House were unable to agree upOn the place OF
meeting in advance, the Senate informed the House
that at a certain hour the second Wednesday OK
February its presiding officer would open tho
electoral returns and that the vote would then be
counted. The House, believe passed resolution
declaring its refusal to go to the Senate Chamber,
but when the time came did attend in spite Of its
formal vote not to do so. Whether the counting
would actually have proceeded in the absence of tho
House or not it is of impossible TO say but in
any event. the Senate that occasion established
precedent which it will be very likely to follow now
if the necessity for it occurs
The Hall of the House is now the more convenient
place for the meeting of the joint convention. II is
the only room in the Capitol in which all the Sen
ators and Representatives can be comfortably seated
If the House goes to the Senate Chamber, at least
one-half of its members must stand, and even then
they will be so crowded that the assemblage will be
more like mob at a mass meeting or New
England popular caucus crowded into small dis
trct school-house than like an august convention Of
United States Senators and Representatives. In
case contest between the two Houses over the Sc
lection of the place of meeting does occur, the Sem
ate will certainly have the advantage. Its presiding
officer is the custodian of the returns, and the count
of the vote certainly cannot proceed without them.
If the returns Tor the officer who has legal possession
of them will not 60 to the House, the House must
certainly go to the returns. While do not aatici-
nate that the "ten thousand fOOls' with lighted
matches of whom Benjamin Hill spoke in his recent
letter. will be largely represented in the Capitol
Ill tI,o I q Eahr tbara vii car.
tany be less cause to apprehend disturbance in the
galleries if the ceremony takes place IN the Senate
Chamber than if the joint convention is held in tho
Hall of the House. In the former the Republicans
will have control of the galleries and lObbies and
the arrangements for the preservation OF order will
be made by its Sergeant-at-Ams.
Second: The two committees now in session, and
which are soon to hold joint meetings, may recon-
mend some legislation the adoption of some joint
rule regulating the count of the electoral vote that
will be accepted by both houses. do not mean by
this that any compromise is possible, as some seem
to imagine. If these committees were instructed
to ascertain who had been elected President and
Vice-President of the United States, they would
have to report in favor Of the Republican or the
Democratic candidates that they could not agree
There would be no middle ground on which they
could meet But this is not the duty entrusted TO
them. They to discover certain facts, and then
to make recommendations in accordance with them.
They are to find out if possible, what the Constitu-
ton the law and wellestablished precedent require
to be done in connection with the counting Of tho
electoral vote and report that to their respective
houses. That is something upon which they may
agree and such an agreement would be no compro-
mise. Men on both sides might have to relinquish
some erroneous opinions which they previously held,
but that would not be surrendering any right IL
INV nhoro of Congress- holds any Opiniou adyO-
Gates policy that if carried out would violate the
Constitution, the law, or well-cstablishe1 prece-
dent, it is his duty give ii up whether his poti-
cal opponents in like manner abandon their errors
II not
These committees have very important and deli
cate duty to perform On every occasion when
the electoral votes counted, from 1893 to 1865,
joint committee was appointed to ascertain and
report mode Of examining the votes for President
and Vice-Presdcnt;" but on no previous occasion
has tue result of the election depended upon tho
count of disputed votes Ii required great states
manship dispose of any questions arise SO
long as nothing depended upon the solution of them.
But now it is easy TO fOresee just what any line Of
policy that may be adopted will inevitably lead to;
and it requires than ordinary cooness of judg
mcnt and tirmness Of decision on the part OF any
member of those committees to enable him to reach
conclusions that shall not be warped or colored by
his zeal for party success. There some men on
each committee to whom the country may look con-
fdently tor fearless impartial report Of what the
Constitution, the law, and precedent require to be
DONE no matter what their conclusions may lead TO,
IL each of these fourteen men could forget the
effect their report may have the success Of either
Mr.. Hayes or Mr. Tilden. and all could enter upon
their investigations in the same spirit that would
animate them If they were providing for some pos