, 1877-01-03

THE SENATE AND THE ELECTORAL VOTE.
Wo print elsewhere letter from the we'll.
informed Washington correspondent of the
New York Tribune, in which he nakcs
statement Of his understanding Of the atA-
sule Of the minority Of the Senate In regard
10 counting the Electoral vote. His infor,nn-
tion agrees III tho mnin with oHr own wash
ington ndvices.
10 begin with, Senator FKanr, ns Presi.
dent Of tho Scuatc, will not assume, It ii
stated, to count tile Electoral voto (Which in
tho present case implies choice whero there
are two sets of rcturns from ono Ssate) With
out Instructions, by resolution, from tho
Senate. This opinion may be based on FEn-
nY's conversation, or upon the grounds that
ho II m officer 1t tho Senate, mud that body
n,ay disrlace him at any time simply by pro-
ceediug 10 elect another presiding officer.
It il alEo assumed that a1r. rEnnr Inns no a1,,-
Li.ion or desire to take any steps in this
matter without the sanction Of tho Senate,
Lnt he would be powerless to 10 anything
opposed to tho sentiment OF tho majority Of
TINT body for tho reason stated.
It 1nny bs stAtcl, further, with reasonable
certainty, that tl,o Scnato will not immcIf.
ately instruct its presiding officer to count
the votes. Tho Sonata part OF tho joint
Committee will make an earnest tort to &C.
euro somo afrecd p!nn for counting hut II
that full to DO attaiuol before the second
Wednesday, in February (whcn tho votes ore
to bo ol1ened), the Senate may still refrain
from inatr,lcting its presiding officer to pro.
cecl with tho count, ana may hold OF for
sonlo time In tho horo TINT son,e agreement
lnny bs reached by the two Houses Leforo the
ensuing +th Of March, which, intervening
| before tho count, would occasion yncnncy
| In tho Offices Of both President aud Vice.
pscsdens,-a contingency that woull require
a special election.
There IL one condition which tho Senato
will resist to tho Inst, viz TINT one House
Allall have the power to reject nny Electoral
vote that n,ay 10 disputed. This theory haa
never been admitted. 1t apparently Oh
tanned under tho tweuty-sccond joint rule,
bu. tic fact that this rule Ind previously
been agreed to by tho concurrent action Of
both Houses gave 1t tho regulate sanction
OF 10th Houses. That rule was repealed,
aud. unless again agreed to by both Houses,
neither House would layo the right to rejec.
the vote OF any Stats returned according to
tho requirements OF Inv. Tho Senate will
not agree to tile restoration of q rule thai
was never right an.l probably not eonstitu
tioual.
1t IL ridiculous to suppose that the House
can alone declare there Inns been failure K
elect, and proceed OF its own motion II
choose President. 1t might a. we'll DO con
tended TINT the House could aions proceed
to enact laws aud enforce them whenever th'
Senate refuses To agree with the House upo1
disputed point. Tho House is authorized
TO elect ou1y wi,cn tl,ero IL O failure to elec
by tho Electoral College, and there.is no au
thority or precedent for ascurtaining sucl
future by the separate, independent, AM
exclusive action of the House.
There remains then the contingency OF til
Democratic majurlsy In tho House ohtaine'
, In 1874 obdurutsly insisting upon thu onl
| point which the Senate will not concetlt
. viz: tint the Electoral vote Of any State ina
| 10 rejected by the rastisan objection OF III
r House alone, We aro inclined to the opi1
Q ion that tile discussion between nos
aud tho 14th Of February will SO clearly IL
r MonstEate the unfairness and improperly,
/ not the absolute uncoustitutionality, Of TIL
theory that the more conservative Democrat
u will refuse to mako it the *ins qua non I
! their acguiesccnce iu conyass Ut the yott
t by Congress. but it they bold of from 9
8 agreement On &ny other tetns, OF II thu
G assume to declare Of their OWL motion th
It there has been failure to elect, and proces