National Republican., 1877-02-25
THE PRESIDENT OF the PEOPLE MUST
BE INAUGURATED,

| the immediate future Is dark with the
clouds of confusion. We have constantly
warned the public that there was danger
but we confess that not until now have VIC
really feared calamity or felt the heavines.
of doubt: because we have hitherto placed
some reliance in the good faith and honor
of those who made the law they would
now override. 1t is, however, the part
of folly to refuse any longer TO accep,
the evidences of q fixed purpose on
the part Of the extremists Of the House
to create an interregnum, and by such
unlawful and seditious means as should
be taken notice Of by the people, at
least, If not by their magistrates. Aud, in
view Of the possibility of effecting such a
condition Of the country, and Of the pros.
pect that 1t will be done, 1t Is the dictate
Of wisdom to consider the proper course to
be taken in the emergency.
In any aspect Of the case, II clearly pre-.
sages revolution. There Is no escape from
1t, If the hiatus In government comes; and
we may prepare ourselves, in that event,
to see violence done to the Constitution,
by departure from the prescribed course
of things therein ordained. There are but
two ways in which a government may be
supplied by the action Of factors, and they
are both unwarranted. One Is by the &C.
tion of the Senate In concluding the count
of the vote by Its pres idiRg officer, and the
cooperation Of the outgoing Executive in
inaugurating the President declared elected
in pursuance Of such count. The other Is
through the exercise of the Executive
power by the President of the Senate.
Both, as we have said, are arbitrary, but
either is preferable.to unmitigated anarchy,
and one Of them must be chosen. Which
shall It beS The latter course most recon.
mends itself TO the multitude, because they
suppose it to be sanctioned by the Consti.
tuition and the laws. But 1t is not
so approved. Under the Constitution
no such contingency as the one
contemplated here is provided for. In
the case of the removal of the President
from office, or Of his death, resignation or
inability, the duties Of the office devolve
upon the Vice President. But in this case
there will be neither President nor Vice.
President, and hence there will be no
legitimate successor by the terms of the
Constitution. Congress is authorized by
law to provide for the cise of the removal,
death, resignation or inability of both
President and Nice.P President, and to dc.
clare what officer shall act as President
until the proper Executive is restored or a
successor has been elected. But there is
no authority given to Congress to provide
by law for the case of nou-elec.
tion; and no one familiar with consti.
tutional law will contend, that where the
authority granted by its provisions is with
reference 10 express occasion, 1t may
be extended to other cases than those
falling within them. Hence any law
enacted by Congress devolving the
duties Of the Office of President upon
the President Of the Senate, or any one else
In the existing case, would be uucons.itu.
tional and void, comforting no authority
whatever upon the acting President, who.
ever he might be, and the officer attempt
ing to exercise the functions of the olfi.s,
under the authority of a such law, would
be guilty of usurpation, and his acts would
be revolutionary.
Now as TO the action of the Senate In
sustaining Its presiding officer in concu.
ding the count Of the vote and declarin the
result, as proceeding emitting the caudi.
date so declared elected to iniu yuratioa.
twill not be assumed for q moment that
such course would be In accordance
with the permlssions of the Constitution,
because that instrument enjoins the pres.
ence Of the House Of Representatives, which
refuses to countenanoe the proceeding. But
as either course is irregular, and both are
evils, which Of the two should be chosen
as the lesser, to prevent the lapse of govern
ment and the approach of dissolution
While such as have given the subject no
Investigation, suppose the President of
the Senate would become the acting
President by operation Of law, and
would be prepared to yield to his authority
more as matter of course than 10 that of
the President declared elected by the Presi-
dent Of the Senate, in the absence of the
House, still, when It is seen that he
would be no more lawfully the President,
and when all the underlying facts in the
case are given their full weight, 1t appears
10 us that the conclusion of the count by
the President Of the Senate, 10 case the
contingency arises. and the Inauguration of
HAYES In pursuance of the result declared,
would be most consistent with law and
justice, and more in harmony with
the personal rights involved. In the
first place, Mr.. HAYES has been
duly elected President, and is entitled
by the sufrages of the people to the hon.
ors and emoluments Of the office. In the
second place, 1t is in reality, as shown by
all the precedents Of the past, the official
act and duty of the President of the Senate
to count the vote and declare the election;
and If he were to perform this act and duty
the absence Of the House would be the
only defect in the proceeding. In the third
place, the absence Of the House would be,
in itself, violation Of law and revolu.
tonary, and the members Of that body, and
those approving Of their course, would be
estopped to deny the absolute justice of the
action taken in their default. And, beside,
this course would be but the carrying out
of the decision Of the Electoral Commis
sion, appointed in conformity to law to find
the disputed fact.