New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-13

President pro tenn The resolution referring the
orestons involved inthe Presdcntialpr problem to the
supreme Court was supported by Senator Booth in
. speeeh In the Senate. Mr. Barnes the New-Or-
leans telegraph manager, was remanded to the Gus
tody of the Sergeant alarms after futile attempt
20 purge himself Of contempt. The case Of Presi-
dent orion was postponed
DEMOCRACY AND STATE RIGHTS.
srxe,1A Ar DEPARTURE PROM OLD GRoUNDs-THRow-
ING OUT STATES VOTE My TWO PLANS
WHICH DO NOT INVOLVE A SURRENDER OF TIE
ISSUE.
lYFou A REGULAR coRRFsFoSDgNr OF THE rRIBUSE.l
WASHINGTON, Jan. &c on ,Tcssmen who are delv-
ING into the proceedings at the electoral counts
since the foundation of the Government. and
sesklng for precedents to sustain this, that. or
the other theory Of the power Of the two bonses
mr. of the President Of the Senate, would do well
70 stop at the outset Of their search and consider
one important fact. This is case without prece-
dent The most important feature Of it is wholly
new For the first time since Presidents wero
elected a great party, controlling one branch of
Congress asserts that il is the right of either house
10 reject the vote of State because of alleged frauds
IN the election or the official canvass. This novel
claim 10 utterly abhorrcnt 10 the spirit and letter of
The system of choosing President IL il mOn-
strous outgrowth of the greed for power of party
long excluded from the fesh-pots Of office.
Cnrously enough it is put forth by the very party
that is the historic champion Of State rights. Had
such doctrine been avOwed soon after the Consti-
tuto went into effect there would have been avery
different series of precedents. What is the of
quoting what John Adams said. or what Clay, Ran
doph. Mason, or other old-time statesmen said,
when this strange and dangerous doctrine had not
been dreamed off The power of Congress over the
count talked Of in former times was solely power
10 ascertain first whether the returns opened were
tho of the lawfully constituted State author
ties authorized by State law to make them; and,
secondly whether the States forwarding them were in
the Union at the time they voted These were ques-
ton. of fact and not of opinion, and ii was proper
that Congress should be satisfied upon them Now
it is proposed to make the result of the election hinge
upon matter of opinion resting who'll, upon party
prejudice The House is to throw ont tie vote of any
State it chooses, on the ground that Ices not like
the way it voted, for that is what i1o new theory
amounts to- There are always frauds and allega-
tons of fraud on both sides styl close election;
and if il is only necessary TO charge fraud in
more States to throw the choice of President into
the House. Congress may well abolish all pretensc
Of an election by the people.
Tho precedents. l say, were made under totally
different circumstances from those now existing,
aud with 10 idea in the minds of the men who made
them that they would be used at future day to
bolster up theory 80 destitute Of the fundamental
principles OF the Government as that insisted upon
by the Tilden Democracy. 1t is no wonder, then,
that prudent statesmen like Senator Wright think
il best to discard them all and go back to the doc
trine of tho trainers OF tho Constitution,
that the President of the Senate, as a mir
istcria officer, should count the electoral
votes in the presence Of the two houses.
hat tha first prpcpdput established
in the count which made George Washington Presi-
dent of the United States Congress drifted away
from il almost insensbly. At the seven following
counts although the two houses appointed teers in
form copied from that given to Washington after
the first election, certificate was sent to the Presl-
dent elect. signed by the presiding officer OF the
Senate which stated that he had opened and
counted the votes, showing that the notion sur
viyed although the form was changed. Is 1t not
time TO return to first prnciplesf Would not the
Republican party be justified in doing sc to defeat
the establishment of the strange, revolutionary
and dangerous doctrine put forward by the Demo-
catsi Would they not be justified by public opn-
ion they keep far within the limits of this first pre-
cedent and take their stand upon the principle that
Tie decision of the President of the Senate as to
the validity of returns conclusive unless reversed,
Oh an appeal, by both housesi
II is scarcely to be hoped that the Conference Com
mttees will agree There are only two methods OF
compromise possible that do not involve the yield
ING by one side or the other of the whole matter In
dispute One is to refer the questions at issue to the
arbrament of some tribunal outside of Congress-
course which few are disposed to take. The other is
10 fail 10 make the count and thus bring about new
election The politicians of both parties fear new
election and the people are decidedly opposed to
such settlement besides, il might prove no settle
ment at ALL Who can be sure that the result would
not again hang upon some Southern State, and that
the Democratic House would not again insist upon
rejecting its vOte' Then there would be third
election in 1873, and the ridiculous and expensive
farce might not stop there. Ii is perhaps best that
tie committee should not agree, for then the Repub-
leans will have to cut the knot and reaiirm the IN
depreciation placed upon the Constitution by Its
framers
The Democrats who are kindly advising the he
publicans not to ruin their party by counting Hayes
IN should remember that the lawful returns now III
tie hands of the President of the Senate count nm
IN, There is no way TO escape from the result they
produce except to approve a doctrine which makes
Presidential elections utilities unless they happen
TO turn out in way TO suit the majority IN the
House of REPRESENTATIVES.. L. ". 5.
TILDENS WANING POWER.
TIP RICH LAWYER or GRAMERCY PARK NO LONGER
THE LEADER OF HIS PARTY.
IBY TELEGRAPH TO THE Tribune.