The daily gazette., 1877-01-30
From the n. Y. Sun.
WHAT HAS BEEN ESTABLISHED.


The debates upon the arbitration bill
at Washington last week, which ended
IN the passage of the bill in each House
by majority of more than two-thirtls,
have not determined who shall be Presi-
dent, but they have established, beyond
all future disturbance or denial, few
points of Importance, which are really
worthy ofpublic attention.
L. The proposition that the constitu-
tlon conferS npon the President of the
Senate the power to count the electoral
votes In Presidential election, includ-
ing the power to determine, when there
IS more than one certificate from any
State. which of these certificates shall be
counted, ,ond to declare the result, while
| the two Houses of Congress are present
merely as witnesses and spectators-this
proposition has now been subjected to
an exhaustive discussion; in which the
Constitution and the constitutional his
tory and practice of the country have
been thoroughly explored, and every
principle and every fact bearing upon
the subject brought to light; and the judg-
ment is that this proposition is utterly
baseless, without anything to stand upon,
a mere device and invention trumped up
for the occasion and brought forward for
! a partisan purpose without any reason
| or fact, or truth, or law, or precedent to
justify or support.
Ii. 1t is established that the scheme OF
counting the electoral votes of Florida
| and Louisiana, as certified by the Return
ing Boards of those States, in favor of
Hayes and Wheeler, when, in fact, the
people of each State gave majority of
their votes in favor of Tilden and Hen
bricks, is a scheme that cannot be main
tanned and carried through by any means
hitherto known IN orr laws
III. 1t is established that the claim of
the Republicans that Hayes and Wheel
er were elected in November by the ac-
ton of the Returning Boards of Florida
and Louisiana is sort of claim that the
Republican majority of the Senate do not
regard as substantial enough to insist up
on.
IV.-It is further established that, pro-
ceeding upon this unsubStantial and hOl-
low claim, and maintaining that the frauds
in Florida and Louisiana were not frauds,
certain of the Republican managers had
conspirsd to declare Hayes President, to
inaugurate him, and to put him in poses
sion of the Government without any le-
gal or right whatever.
V.-It is established that those Repnb
lican managers had conspired to do this
through the usllrpation, by the President
Of the Senate, of the power to pass upon
olC OlCSbOidi FobCo NY fllbuo VI LIS OW
alleged authority alone, without allow
ing either Senators or Representatives to
object at any stage of the proceedings, or
to call him to account for his action.
That this was their design is certain, not
only from the universal avowal of Re-
publican press and politicians, but also
from the fact that most of debates were
devoted to overthrowing and annihila-
ting this pretended power of the Presi-
dent of the Senate.
Wilt is established, finally, that the
conspirators had arranged and deter
mined to employ military force to carry
out their programme, or else the project
of counting in Hayes by the Senate only
would not have been a thing. for any
body to be afraid of. To this consuma-
ton President Grant was pledged. For
this purpose he had brought troops to
Washington from distant posts. This
design he has clearly announced on sew
eral occasions, and it has been boldly eX-
pressed in the National Republican news
paper, the party organ at Washington.
This design and the military preparation,
formed the only real, substantial element
in the Republican case.
VII.-This conspiracy has now been
decidedly checked. The pretended power
of the Senate has been exploded and
rendered ridiculous. The conspiracy to
declare Hayes elected by the frauds OF
the Florida and Louisiana Returning
Boards has been defeated, for the present
ut least ; and the scheme of using mill
tary force to put down the House of Re
representatives. in a revolutionary manner,
has been anticipated and stopped; and
hence all the public satisfaction over the
passage of the bill.
NIIl.-All these things have been
done, declared and established by ma
iority of more than two-thirds of each
House of Congress.
What may be the future development
in the working of the arbitration act,
time alone can show. But these present
results from the debates and votes OF
Congress are positive and indisputable.