The New York herald., 1877-01-12


Mr.. Schuyler Colfax recently and some
what rashly wrote to republican journal
that the Vice President has the right and
duty under the constitution to count the
electoral votes, and thatthe two houses were
to be present only as Witnesses We may
say of Mr.. Colfax what Mr.. Lincoln said at
Gettysburg-it matters little what he says
now compared with what he did, Mr. Col
fax was once Vice President in that capa-
city, having sworn to do his duty under aud
according to the constitution, it became his
duty to take part in the count Of the elec-
toral votes. What he then did and omitted to
do we take it for granted he did and omitted
in accordance with his oath; for II ne then
violated the constitution he would have no
right to speak now without first making
humble confession of his previous error.
AS the question is now before the pubic we
have taken the trouble to look through the
journals of Congress to ascertain what MI.
Coliax then, in 1873, said and did. We fancy
that Mr.. Colfax will regret presently that ne
did not himself take this trouble.
The two houses met on February IL, 1873,
in the Hall of Representatives, and MI
Colfax having, as is usual, taken the chair,
opened the proceedings with declaration
which, if he really believes what he wrote
the other day, must give him shudder
He said :-''rhe Senate and House OF Rep
resentatives having met under the provis-
ions of the constitution for the purpose
of opening, determining and declaring
the votes cast for President and Vice Presi-
dent Of the United States for the term OF
four years, commencing on the 4th Of March
next, and it being my duty, in the preseece
of both houses thus convened, to open the
votes, I now proceed to discharge that
duty" The journal adds that "the Vice
President then proceeded to open and hand
to the tellers the votes of the several States,
commencing with the State of Maine"
This language and action of Mr.. Colfa1
would seem sufficiently to show that his
later opinion as to the exclusive powers OF
the Vice President over the electoral votes is,
like Senator Wright's the other day, so
clearly On atterthought growing out OF o
perhaps natural but nevertheless discredit-
able anxiety for the success of his own
party, that we might leave him in peace
at South Bend if there were not good
reason to enlighten the public mind
on question which he, as well
as some other republican politicians,
have lately endeavored to muddle. The
plain truth is that Mr.. Colfax never
imagined that the Vice President had any
L IL ~, fD~ -r<s1
he also imagined that Mr.. Hayes inaugura-
ton depended upon persuading the people
that he had such rights Well, then, Vice
President Colfax having declared the duty
of the houses and his own, under the con-
stitution, there arose at the very beginning
of the proceedings demand by members of
the joint meeting that certain things should
be done, none of which the two houses, if
on his later theory they were only ''wit-
nesses'' and ''without controlling power
over the Vice President" had any right to
demand, and which he should have resisted.
Maine-was opened Senator Trumbull
said, II think the Governors certifi-
cate should be read as the evidence of the
election of the electors )" and Mr.. Colfax,
instead of telling Mr.. Trumbull to mind his
own business, meekly replied, ''The tellers
will report the certificate" When this ac-
cordingly had been done, and other votes
were opened, Mr.. Colfax uttered these
remarkable words :-''If there be no objec-
ton the tellers will merely state the fact
in regard to the at.estation Of the
Governor, subject to the demand Of any
Senator or Representative for the reading of
the certificate in full" Yet Mr.. Colfax now
has the audacity to pretend that the two
houses are ''only witnesses" and that they
have no controlling power" over the Vice
President. All through the proceedings in
joint meeting he was equally ready to sub
NIT to the slightest wish of any member of
either house. We do not quote further,
because it is useless and because in other
instances he might say that he was acting
under the twenty-second joint rule. which
was then in force. We prefer to rest on his
own words and acts, declared by himself to
be under the constitution.
But we do not care to drop Mr. Colfax
without calling the attention of the people
to the enormity of his attempt to pettifog
ON this vitality important question, and to
mislead the minds of those with whom he
has credit as man Of truth and honor.
On the proper and constitutional settle
ment of this question may depend the
peace and prosperity of the country.
It is of the utmost importance that the
people shall be fully and correctly informed
as to the methods which are and have been
held to be CONSTITUTIONAL because if they
know the truth they will acquiesce in the
proper method. If they are misled they
will be dissatisfied and may become the
prev of demagogues who will incite them to