Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-01-24
The Democratic Predicament.

conventions converge to this point, that
Tilden has been chosen President by the
Electoral Colleges; that the President of
the Senate has no right or authority to
count the Electoral vote and determine
the result; and that, in case he should
proceed to do So the House of Represen-
tatives should Immediately exercise its
constitutional prerogatiye by electing
1ilden. But these positions, collectively
considered, involve "A construction of the
Constitution no less absurd than it is
ridiculous. The number of Electoral
votes is 369, being an uneven one hence,
as there are only two candidates who have
received any OF these votes, it necessarily
follows that one or the other has been
chosen. Either Hayes or Tilden must
have lS5 votes-a majority--and must be
elected. Consequently the House can
have no functions to perform in the
premises, since the election can devolve
upon that body only in case of non cleo
tion in the first instance. 1t is folly to
assume that the House may elect, notwith
standing that there has been an election.
We shall arrive at an equal conclusion
if we admit, what many persons claim,
that less than 1875 Electoral votes, yet
being IA majority of the whole number
counted, would suffice to elect and that
the votes of disputed States may be re-
ected if the two houses of Congress can
not agree to count theiA On this basis
of calculation (South Carolina being adj
mitted to be for Hayes by every canvass
of the returns, whether made by friends
or by enemies), Louisiana, Florida, and
possibly Oregon, with an aggregate of
fifteen votes, might be thrown out by the
Democratic House; and Mississippi and
Alabama, with an aggregate of eighteen
votes, by the Republican Senate. This
would leave Hayes with 40 votes against
1866 for Tilden. or, yielding one vote to
Gov. Growers conspiracy, 112 votes
against l67, insuring the election of
Hayes. We take it for granted, of
course, that the Democrats would not
manufacture objections out of Pigments of
the imagination merely for the purpose of
! achieving a partisan triumph, in defiance
of reason and common sense otherwise
| the canvass of the Electoral vote would
end in farce of two refusals to count,
DISTINGUISHING every State by nullifying
its appointment of Electors.
Thus, from whatever standpoint we
view the controversy, we are bound to con.
clude that there has unquestionably been
an election in the first instance, and that
the reckoning on the second Wednesday
of February will necessarily show such to
have been the fact so that the only event
in which an election could possibly de-
volve upon the House would have failed
to happen. Whence, then, can that body
derive the prerogative of action claimed
for it in the present instancey As the
total Electoral vote, representing an un-
even number, must be apportioned be-
tween only two persons claiming the
Presidency, there is no point of division
AT which each could be assigned an equal
| number of votes, From the very circum-
stances of the case either Tilden or Hayes
must be declared elected, when the day
| arrives on which the President of the
Senate opens the certificates. The House
| Will have no functions to exercise in the
premises and literally nothing to do after
/ its presence AZ the count, as constitution.
ally required, shall have come to an end.
I To elect another President after that
would be usurpation, not an exercise of
authority.
Nor do we see where the Democrats
| find a logical basis for their claim that.
Sin the counting of the Electoral votes,
no vote can be counted against the iudg.
/
sentatSes -" This is the proposition of
Tucker, of Virginia, yet we cannot dis
cover any warrant for it in reason or
common sense. If this premise be adj
mitled, then partisan majority in the
House, INSCRIPTIONS TO take an advan
tage, is clothed with the power to dis
| franchise State, as far as its participation
in the election of the President is con-
cerned, Notwithstanding that the Constitu-
! ton gives Ia the State exclusive power 10
appoint Electors. Is it the constitutional
prerogatiye of the lower branch Of Con
gress to nullify that power! This seems
absurd, for il is SO plainly liable TO
abuses rs often to confer upon tempta-
ton the means of defeating the will OF the
| people by subyerting the Electoral sys-
tenn at the call of party eNpediency. Sure
| ly the founders of the Government did
| not intend 10 concede such a dangerous
| authority to the House. If ii be admitted
| that Congress may revise or reject Elect
| oral returns under certain circumstances,
| the juSter and more reasonable course
would require that no vote should be
I thrown out except by the concurrence OF
| both branches. Merely partisan proceed.
/ ingS would thus be rendered unlikely,
I and the ends OF fairness more probably
secured. There would be much greater
safety and equity where two bodies of
men must agree, than where one has veto
/ power on the other, in a matter intended
7 to be removed as far as possible from the
sphere OF either.
I In their last analysis, the resolutions
adopted by Monday conventions amount
| TO about this: Tilden has been elected !;