The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-20
Tho Delay in Counting tho Elec-
tOral Votes.


toral Votes.
The unexpected action of the House yes
terday in taking recess until ten o'clock
this morning, although ill-judged and dis
quieting, is strictly within the letter OF the
law. The fifth section of the Elec-
toral act permits either house to take
recess until the next day as often
as question arises which makes 1t
necessary for the two houses to sep
arate for deliberation. The reason why
this unexpected though perfectly legal
movement yesterday is disquieting lies
in the possibility of its constant
repetition. If the House OF Repre-
sentatives were SO inclined it could carry
the proceedings past the 4th of March, and
thereby prevent tho choice of President.
Only ten days remain for completing the
count, and of these ten three or four
will be consumed in the case OF
| Oregon, leaving not more than SIX or
seven for the other uncounted States.
If the democrats should raise objections, no
matter how untenable or frivolous, to one
republican State after another, the two
houses would have to separate and con-
slider them, and in every such case
| the House could take n recess until
the following day. by this means the
democrats could carry the proceedings be-
yond the 4th of March, keeping all tho
while within the strict letter of the law, yet
violating it's spirit and defeating its pur-
pose. But it would be an egregious act OF
bad faith involving the suicide Of the demo-
cratic party.
That part of the Electoral act behind
which the democrats of the House. shelter
their action yesterday is tho following =
"And no recess shall be taken unless
question shall have arisen in regard to the
counting of any such votes, or other
wise, under this act, in which case
it shall be competent for either
house, acting separately. in the manner
hereinbefore provided, to direct a recess OF
such house not beyond the next day (Sun-
day excepted) at the hour Of ten o'clock in
the forenoon" Yesterday question did
arise as to accepting the judgment OF the
commission respecting the Louisiana
votes, and on that question the
two houses separated for deliberation.
On every such occasion it is clearly
within the authority of either house to take
a recess until the next day, blocking all pro-
ceedings during the interval If the House
avails itself Of this privilege only in the
case of Louisiana and the case of Oregon the
count will be completed in due time. But
ifobiections are raised to other States for
mere dilatory purposes 1t is undoubtedly
in the power of the democrats to prevent
an election. The consequence would be to
put the President of the Senate in the Ex-
ecutive Mansion and create o necessity for
new Presidential election next autumn,
which, if not victory, would be at least re-
venge. 1t would postpone Mr.. Hayes hopes
for another year, and subject him to the
possibility of his party taking up Mr.. Blaine
or some other new candidate.
We do not believe that the democrats in
Congress will have recourse to this desperate
expedient 1t would cover their party with
odium by convicting it Of bad faith, and
insure the republicans an easy victory in a
new appeal to the people. 1t would turn
the whole business community against the
democratic party; for the business OF
the country cannot afford another year OF
agitation and uncertainty. The wiser and
cooler heads among the democrats see this
as clearly as anybody can tell it to them
but it may require great deal of skill and
fnesse on their part to manage the
crazy, intractable element of their party.
If the recess yesterday was only de-
vice for getting the reins more securely in
l.. "a a. of1 no ~
may, perhaps, be a pardonable stratagem.
The wild and turbulent spirits are bent
on having their say, and it may
have been thought safer to let them
elbow OUT in caucus than on
the floor of the House. In caucus
their infammatory harangues could be re-
piled to and their absurdity exposed by the
the House they could not he rebuked by
democrats without weakening the protest
which the whole party desires to make
against the action of the commission.
As foundation for future party
contests it is necessary to make the
democratic protest as imposing as posi-
BILE, which is a good reason for making the
action of the party on the floor of the House
unanimous. But it could not be very eff
fective if the. democrats did not pre-
sent united front. A united at
titude of submission is necessary to ena-
BILE them to make an effective remonstrance,
and it may have been wise, or at least de-
fensible, to resort to an expedient to gain
time and save necessity of opposing the
malcontents in place where demo-
cratic division and dissension would be in
convenient. If this was the object of the
recess it ought to be regarded with in
diligence.