Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-10-19

In the American Law Review for Octo-
Der, Senator Edmunds, in an able article,
discusses the late Electoral Commission, and
sets forth what he deems to be an improved
plan for conducting Presidential elections.
His review of the facts of the emergency
which called the Electoral Commission into
being, is concise and tolerably comprehsn-
sive. One occupying a different position
from Mr. Edmunds on the point of the need
of such Commission, would probably have
given more prominence than he has done to
the construction of the Constitution relating
to the count of the Electoral votes, afforded
by the actual practice of the trainers OF the
Constitution, and their successors, for many
years. That most important precedent IS
dismissed by Mr.. Edmunds in brief paren-
thetical remark that "in the earlier history
Of Presidential elections the certificates
stated that the President of the Senate had
counted the yotes-a fact, however, which
he considers of small consequence, in view OF
the fact that in subsequent instances, when
the count was something more than
mere ceremony, the two Houses of Con-
gress assumed to decide the questions
which arose. Very eminent lawyers
the list including a name as eminent as
that of Chief Justice Story-it is not neces-
sary to remind our readers, have held very
different views of the intent of the COnsti-
tuition. Wise statesmen have held, and
still hold. that it is fer safer to contide the
ministerial duty of the count of the votes TO
single high officer elected by the people,
than to any returning board of Congress.
There was time. not long before the last
election, when Senator Edmunds himself,
on the floor of the Senate, declared that
the liberties Of the States would be in dan
ger, "if the determination Of who has been
elected should be confded to the discretion
of any selected hoard Of men. lchaterG.
Of course, Mr. Edmunds had the right to
change his views on that point. Why did
he 50 change, and why did he, in advance OF
the adoption of the plan Of a Commission,
deliberately throw overheard the claim OF the
right of the President of the Senate to count
the votes-thus, in the language Of Senator
Morton, burning his ships behind him, and
leaving to the Republicans HobsOn's choice
between the proposed Commission and
nothing? The Senator answers this question
in his article. He believed that the inaugu-
ration of President Hayes, under the count
Of the President of the Senate, would be
'tbe first act in the awful tragedy OF
anarchy and civil war, lasting probably I'M
til the time Tor the next Presidential election
and making such election practically i'm
| possible, unless, indeed, before that time
some other system Of government should
have been established upon the ruins of our
national structure"
Mr. Edmunds's course needed the strong
excuse of apprehension Of renewal of civil
war. and of loss OF confidence in the strength
Of our nat ional structure, though cementcd
afresh by the failure Of the Rebellion and
the blood of the patriots Never sharing in
| that apprehension or loss Of confidence, We
admit tho strength of such reasons, for any
one VINO held them. The groundlessness of
the first OF them-apprehension of civil war
has, as it seems to US, been demonstrated
| BY the course Of the Democrats. They
meant to accomplish all that was possible by
Hayes should be counted in by the President
of the Senate; but they did NOT intend to
tight. They. and especially the Southern
Democrats, had had enough of fighting for
this generation. The country was not ready
| for another civil war. The price of gold
that most sensitive of indicators hardly
wayered, through all the clustering of the
home-guard Democrats, who did not fight
before, when they had a chance. That the
Democrats would not have fought to place
Mr.. Tilden in the White House, is shown
BY the fact that they have not fought to
put him there. Nations do not often divide
and 90 to shooting each other on mere
questions of form. The substance which
tho Democrats wanted was control of the
Government, the Offices, the United States
treasury 1t could taake. and has made, no
practical difference to them whether they
failed of these through the count of the
President of the Senate, or OF Congression-
al COmmi. sion. They have denounced the
''fraud" ihich they claim to be involved in
the parti san decision of the Electoral Com
mission, : bitterly and as extensively as
they coul have the announcement by the
constitute onal officer, of the decision of the
people That they have not fought to de
feat the former, proves that they would not
have four bit to defeat the latter.
The FL ,ctoral Commission, as devised, wa
machim to declare Mr. Tilden elected.
1t failed be such simply through the in
terpositio 1 Of Providence 1t has unques-
tionably given the majority of the Demo
cratic pa 'ty. who never meant to fight and
hated the talk Of another civil war, con-