The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-03-01
The Ultimate Result.

~
| upon the electoral count The revolution
ists in the House, will, we think, finally give
| way, and before the close OF the Legislative
day on Saturday, the entire count will be ac
complished, with Hayes and Wheeler de-
clared President and Vice-President elect.
In the contingency of this result not being
| reached, the Republicans in the Senate will
take decisive measures. On Saturday, the
81 Of March, if.thc count be not completed
! and IL the couspIfators are in their full ca.
reer Of fitfustering, so thai it ia impossible
for the joint convention to reassemble, the
| President Of the Senate will send notes tc
| the House that inasmucil as that boily per
sists in multiplying the Electoral law and de
| clines to receive the Senate for the purpose
of executin. the Constitution and laws ant
| proceeding with the count of the electera
votes. he holds it to be his duty to open the
remaining certificates, as he is expressly
commanded to do by the Constitution, ant
further that he will perform that duty in the
Senate chamber that afternoon He will con.
| clude his communication by requesting the
House TO attend at the hour named The
Republicsnsin the House, and such democrats
as oppose the lawless plot OF the revolution
lists, viii come over and witness the count,
and any attempt to obstruct 1t In the Senate
will be put down as out Of order. There are
duplicate tally sheets, one of which is in the
possession Of the House tellers and the other
in that Of the Senate sellers. All the unopen-
ed certificates are in the possession OF the Pres
ident OF the Senate, and any Of them that ma y
be amounted when the fillibustering begins
will remain in his custody. All that will have
to be done to complete the count will be for
lers who will enter the votes they canvass
upon the tally sheet. The count will then be
officially recorded and the final result form
ally ascertained and declared
If it be objected that the proceeding is H.
legal, because the President of the Senate
has no right to count the vote. it will be an
swed that he does not count them, but mere
ly opens the certificates. as he IL bonnd to
do, and hands them to the tellers to make
the count in accordance with the law. The
fact that the two House telers refuse to at
tend and produce the duplicate tally sheet
can not be held to invalidate the transaction.
Any chsrge that the Electoral law has been
violated will be met by the answer that the VI
olation is on the part OF the revolutionary fac
ton in the House, who to accomplish an un-
lawful purpose bave conspircd to p, eTent the
statute from taking Its course.
The Republicans think that the country
would freely endorse this method of check
mating the conspiracy OF the desperate and
reckless minority OF the Democrats. The
tribunal created by Democratic votes will
have settled all the disputed points for which
it was organized. The title Of Gov. Hayes
to the Presidency will be made clear, and
his possession of the office will only depend
upon the formal opening OF one OF two I'M
contested certificates remaining in the box.
Under such circumstances, it can not be
doubted that public opinion will sustain the
President of the Senate in seeing that the
count is completed before noon on the 4th
OF March.
Commenting on the contingency of the
count not being completed, by reason Of the
conspiracy in the House to plunge the coun-
try into revolution, il possible, the Cincin-
| natl Gazette tersely says:
What il factiols section OF the Democratic
Representatives shall fillibuster and prevent
completion of the count before this Con.
gress shall terminate?
In this we have to consider, first, what NAV
not be done. This is necessary to correct
some popular errors.
I. The new House may not choose Presi-
dent; for there can never be an election by
the House when a coun: Of the vote shows
that no persons has received majority. For
| the same reason the Senate ma not choose
ce-Presldent.
2. The President OF the Senate may not
in that case act az President, as in case OF the
death or other disability Of the President,
because the Constitution provides that he
shall do this only upon the event that the
election has consttutionally conc to the
House Of Representatives, and the House has
not chosen President before the 4th day OF
March.
3. A new election of President may not
be ordered, because an election has been
made, and there is no constitutional power
to set it aside or order new election.
AS there are many who think that the Sem
ate may elect a President Of the Senate, who,
by virtue of that office, shall act as President
until one shall be elected. we may remark
that the Senate in choosing its President, is
not limited to its own members. The first
President of the Senate, who was chosen fer
the specific purpose of opening and counting
the votes, was not member, ard there is
good reason for supposing tina. this was the
intent of the trainers Of the constitution. as it
unGuestionably would be the best way.
Then what may be done?
l. The constitutional province of the Pres.
ident of the Senate Is not destroyed by the
so-called compromise counting bill. His
duty is only in allegiance by his own consent.
lie can resume it and count the votes. The
Constitution says he shall do this in the
presence Of the Senate and House OF Repre-
sentatives. This fixes their status as simply
witnesses. If either House refuses to be pres
ent, it in no wise impairs the validity of the
conn. and result. II a factious opposition is
made which threatens to delay the count till
Congress snail expire. Mr.. Ferry, should re-
sumo his functions and complete the count.
The violation Of the compromise compact
would justify and demand this.
In these circumstances. the Republicans
OF the Senate are charged with the respon-
sibility Of the public safety. They must not
let the country fall to anarchy by their lack
of courage to do what justice, law, reason,
the common welfare aud the safety of the re-
public demand.
In A NUTsHELL.--The New York Eren-
ing Post thus mildly states the Presidential
question
''rhe Republicans have had legal tech
nical case all along. The Democrats never
had any but a sentimental case. II We ex-
anime the sentimental aspects of the subject
we must inquire into all Of them and when
we do that we find that there is as much
to be said for the Republicans as for the DEM
oczats. 1t is wise and Just course, then, as
is the easiest course, to resolve whatever
doubts exist by the. technical law Of the case.
So there will be general content with the re-
suit.
The De mocratic papers are already begin
ming to bolt Mr.. Tilden. The Washington
Sunday Herald, a staunch Tilden paper
during the Presidential campaign, now SAYS