New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-13

and even the questions arising out OF the ac-
tion of the Returning Boards in the disputed
States, and narrows the whole dispute down to
the question whether there is any right IN Con-
grcss under the Constitution to interfere IN any
manner whatever in the election OF PRESIDENT
and Vice President. Mr.. COfley denies the power
of Congress to exercise anything more than min
isterial functions, and totally dissents from the
view taken by some of Mr.. Tiden's supporters
that Congress may inquire and determine
whether the electors whose votes are IN the
hands of the President of the Senate have
been legally elected He shows from the terms
of the Constitution itself, as well as
from the understanding of its provisions,
clearly disclosed by the authors OF that
instrument in the debate upon its adoption'
that its most plain and manifest intent Is 10
take away every pretext from Congress ior
exercising any right of revision OF interfering
in the remOtest and most indirect manner WIN
the action of the States in electlng these OIL
GERS. 1t is no answer to this to say that un-
less there be appellate jurisdiction or rcVlsofy
power somewhere-and If anywhere 1t must
reside in COngress-the door is left open 10
gross abuses and corrupt procedure on the
mart of tho State authorities for which there
is neither remedy nor redress. That may be
defect in the scheme of government 10 DC
remedied hereafter. We have to deal WIN
facts as they exist and be governed by inc
law as wo find it. IL it is discovered at thi'
late day that the trainers OF the CONSTITUTION
made mistake in trusting 80 Inuch 10 INC
honesty of the State Governments, why then
we must try and devise something better; but
for this emergency we have only the scheme
of government they gave us, the operation OF
which we cannot avoid without revolution.
AS a matter of fact, we have all through
this discussion strayed away more or less from
first principles and lost sight of the main point
in the argument in disputes over matters OF
subordinate or merely collateral Importance.
The first fact to be considered. and thc one
that must not be lost sight of, is that the States
and not the People elect the President. 1t Is
waste of words to talk now about the wisdom
or unwsdom of this feature Of the Govern
ment. The State provides for the casting OF
its own vote in It's own way, subject to scarcely
any limitation Of its authority over the pro-
ceeding by the General Government. The
Federal Government in the matter Of the
Presidential election simply invites the c0nsti-
tutcd authorities of the State to cast the num-
Der of electoral votes to which 1t Is entitled
for the candidate of its preference. 1t leaves
with the State the responsibility OF seeing 10
il that the honest vote of the State ls
cast. So much it trusts to the honesty
of State Governments. And it certainly does not
seem to be reckless or oyerweening confidence.
If the people of State are competent to the
management of theirown affairs, they are GER
hat hnIr rh
in the matter of the Presidency is regarded
and their vote honestly cast. AT any rate, the
Constitution has placed the responsibility there,
and there we must leave 1T. Nothing Is palmer,
as MI. Coifey in his communication points out,
than the intention of the trainers OF o." Con-
sLjtution to leave the whole matter u the
states, ard in no event to the people Tbs
puil oso is clearly kept in view in providing
for every contingency. 1t is especially marked
in the provision for an election by Congress
in the event of failure of choice by the
States at the regular election. In that case
the vote is taken by States, each State having
one vote, and the vote of each being cast as q
majority of its representatives may direct. SO
that it might happen that party having
minority in Congress but majority OF the
States would elect the President.
II seems quite clear then that there liz no
power in Congress to revise the action OF the
legally constituted State authorities-in other
words, to go behind the action of the Return
ing Boards. The friends of Gov. Tilden have
then but one recourse, and that a lame one
uuon their own confessiOn-to fall back Oh the
Oregon case. Whenever that comes up, the
President of the Senate, finding by Gov. Gro
yer's certificate that two Republicans were
elected, must take their certifcate-they being
majority and quorum-and open and count
their votes As to the vacancy which MIR.
CrOnin imagincs he filed and OverHowed, there
can I've no question of the right of the two
regularly elected and certifcated electors to
fill it. The votes of these three electors must
be accented and counted, and that will end
the brief Oregon sensation. A decent regard
for the plain intent and meaning of the Con-
stitution will lead out of all the apparent diff
Gculties of the situation. There is no techni
caity or bubble or dodge upon which Mr..
Tildens friends can hang hope. There is
nothing for them but to threaten violence, and
that will hardly help them.
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