New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-25

vided for by tho Constitution, which does not
arise from any sudden change or revolution
an emergency, indeed, that might well have
been foreseen. 1t has been possible nc
almost any election since the adoption OF the
Constitution. But no measures have ever Deen
adopted in view of il, no method devised 10
avoid il, no definite tribunal for the
final adjudication of the matters In dls-
putc ever fixed upon, but the determination
of the whole matter left hanging upon the
construction of a vague and inconclusive
phrase. We say vague and incOncluslve. for
while THE TRIBUNE maintains that the real
meaning of the provision relating to the
opening and counting of the votes Is deter
mined by the unvarying practice anu pre-
cedents of former years, it does not pre1ehd
that the language Of the Constitution Itself Is
so clear and positive as to remove
every opportunity for question or DOUBT
And in case of such magnitude anu
importance there should be no lOophole OF
doubt as to the real intent and meaning OF the
instrument. So as to the question whether
Congress has the right to go behind the re-
turns and into an investigation OF the manner
in which the election was conducted. liih
TRIBUNE holds it to be very clearly according
to the spirit of the Constitution as manllesteu
in every provision from when any
intent in this regard can be INFERRED
that no revisOry power or appellate JuriS-
diction in any matter affecting the
election of President should reside III
the Congress, except in the specific case pro-
vi6cd for in which the House elects the Presi-
dent. On this case, be it carefully observed,
hn
members Individually, a. they would De cast
in acting upon the reception ana count Oh
electoral votes, but by the votes OF STATE
delegations, each State having single vote.)
The intent of the Constitution, however shouiu
be made more plain, and all doubt as 10 the
method of settlement of disputed Presiden-
tial question removed.
The one thing gained from the experience
now had is the knowledge OF ut least one very
Obvious practical defect in the Constitution. IL
would seem to be the part of wisdom ana tue
dictate of craftsmanship 10 provide at once
remedy, and So guard against the possibility
of a recurrence Of the c0mhchIion. senator
Morton, be it said to his credit, has cndeavored
for long time to bring the SUBJECT
to the attention of Congress and the country.
The contingency which he would have
had Congress provide against has now oc-
CURED, and the country hts Il clearer appre-
citation of the need of some action, II not III
the shape of an amendment to the ConStitn-
ton. at least in that of some additional legis-
lation which shall be Of a definite character,
and not leave us all "at sea" whenever we
nave close Presidential election and
disputed result. Any expcdlept winch
NAY be adopted under the pres
sure OF circumstances to hasten this compllca-
ton to q solution will be necessarily nothing
but a makeshift for the emergenry-a jury
mast hastily rigged to keen the old ship head
to the wind. SO soon as this matter is settled
and with somebody us President we get into
smooth water, the first business of Congress
Should be TO take up tie question
If the election of President, rs Scna-
ten Morton has so long urged should
be done, and provide reasonable, intelligent,
comprehensive and coherent plan. The Fathers
were not infallbC. The experience OF ninety
years must be worth something, and it would
be strange indeed if the machinery they in
vented could not be in some respects approved
even by mOdern Statesmen and legislators.