Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1877-01-16

CANNOT oe performed Dy one separately
In each State, therefore, where ther
are more than one set of returns, neithe
could be counted, if objection were made
A count by one where it is clearly mad
the duty of two is no count at all. Their
| is, think, no answer to this conclusion
for to count. and of course to count cor
rectly, is the clear mandate of the Con
stitution to the two houses of Congress
Suppose the Republicans assume the DO
sitiOn that every State must be counted
unless objected to, by both houses, ant
that in those States from which two re
turns are sent up that the one shall b,
counted. unless both houses object
which has the Governors certificate at
tached. Suppose, further, that they
base this claim on the doctrine that eacl
State is entitled to its electoral VOTE
Then the answer to the first position i:
the one I have already given, viz: thai
the Constitution requires the two house.
jointly to count, and not Jointly to object
The vote to be counted is what the hous
es must agree upon, and mol the vote tt
be rejected. And the answer to the
States-rights doctrine-falsely so-callec
is that if State speaks in matter
affecting the interests of all the othel
States, it must be permitted to speak the
voice of its people, and not the voice o1
q returning board. The thirty-seven
other States are entitled to protection
against the forced and false utterances
of throttled State. Better that State
be silenced temporarily than that she
under cOmpulsion should speak an un-
truth, the precise reverse of the yer.
dict rendered by majority Of heI
people. But let us 60 further. Sup.
pose the House of Representatives
should abdicate, and consent to &c
through the mere form of counting
those returns, which in the doubly GER
titled States, were clothed with the forms
OF law. This would be to ignore its con-
stitutional power, to examine into th5
correctness of the returns. But coutti
Governor Hayes be counted in even up
on that plan? The Republicans could
thus capture, of course, the three South
ern States; but by the same rule the
Democrats would, of necessity, capture
one vote FROM Oregon for, if the Hayes
electors in Louisiana, for instance, are
certified by the Governor of that State,
so is one Tilden electOr in Oregon certi-
fled by the Governor of that State
Ii it be said that the popular vote OF
the Tilden electors, the reply is that the
popular vote of Louisiana was more than
eight thousand against the Hayes cleo
tors. If the Governor of Oregon, sup
ported as he is, by the decisions of the
highest courts and long array of legal
authority, be said to have committed q
blunder in denying a certificate to a
Hayes elector, who, though elected, is
ineligible, certainly the returning board,
supported by no law, and violating the
very law by which it was created, has
committed not only blunder but crime
against the people of Louisiana, the peo-
pie of the United States, and, if allowed
to decide the presidential election, a.
gainst liberty itself by refusing certifi-
Gates to the Tilden electors. who were
both elected and eligible. So that upon
this plan, also, Mr.. Tilden must be de-
clared elected and inaugurated, unless
we are to witness the remarkable spec
tacle of the representatives Of great
people attempting to settle one of the
most momentOus questions which con-
Germs their welfare and their liberties by
some strange rule of procedure, which is
to be vigorously enforced where it sub
serves the purposes of one political par
ty and be unceremoniously ignored
where its enforcement would operate to
the advantage of another.
group these different phases of the
electoral problem together that you may
clearly see how very difficult it is to de-
feat Mr.. Tilden by any method of count
ing which is likely to receive the sup
port of non partisan men.
In reply to the question as to whether
Mr.. Tilden will be peaceabiy inaugural
ed, lam almost ready, in view Of the
considerations l have given you, to say
yes." 1t is proper, however, for me 10
apprise you of the belief prevailing here,
that the more dariug leaders of the Re
publican party are disposed to take the
risk of inaugurating Governor Hayes in
spite of Mr.. Tilden's election, relying
upon the supposed predisposition OF the
people to make no armed resistance in
any event; and the belief is no less gen
eral that If constantly assured before
hand OF peaceable acquiescence, these
desperate men will ruthlessly proceed to
carry out their purposes, however fatal
to free elections and to political liberty.
Such, I say, is the apprehension pre-
vailing here; but whatever may be the
designs of this class of Republicans, I
cannot believe that majority of the
Senate will ever sanction so lawless a
procedure or SO hazardous an expert
nent.
I have faith that the power of truth
and reverence for law will control such
a body as the United States Senate. It
is no secret that there are Republicans
In both houses of Congress who will nev-
er consent that the Vice President of the
United States shall exercise the eXtraor-
binary and dangerous powers which the
extremists seek to confer upon him; and
L know OF no other method by which
Mr.. Hayes Can be counted in. The yery
act OF appointing a joint committee to
report plan would seem to be an
abandonment of such q scheme and a
recognition of the constitutional power
of the two houses of Congress over the
entire subject.
l have thus endeavored to show you
that any probable plan which may be
adopted short of vesting the President
pro tenlpore of the Senate with dicta-
torial power must result in the legal In
auguratlon Of Mr.. Tilden. Nothing,
think, can prevent this unless the ex
tremists, emboldened by the promise OF
popular non-resistance, should attempt
by sophistry to evade the logic of facts
and to deny the constitutional rights OF
the House of Representatives.
/ will be seen that the Constitution
provides for all contingencies which
have arisen and for all likely to arise in
this case; and the surest guarantee of a
peaceful settlement Of this grave ques.
tion is All answering adherence to the
law and the precedents.
Let me conclude with the remark that
the great mass of the people-Repub.
licans and Democrats-are honest and
air-minded. repose with great con-
fidence on the power of public opinion
which is crystallizing, I believe, in the
directi, Ii have indicated. That it may
be potent enough to secure the peaceful
inauguration of Mr.. Tilden, believe tC
be the wish ofa very large majority ofthe
people, and l know of many honest Re-
publicans who love country more than
party. l am very truly, yours,
]. b. GORDON.
WAR AND DUELINoi.-What in prin.
ciple, is war? 1t is the duel between
nations, differing in no respect from the