New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-22
THE ELECTORAL BILL.
r1vrrp FROM +. w. STOUGHTON.


TILDEN's REDRESS IN THE H"osh-fiNHA q"
PEAL TO THE SUPREME COURT.
To the Editor. Of Tht Trt6une.
SIR: | notice in THE TRIBUNE OF TINS MORN
ing that your reporter. with whom yesterday HON
brief interview In court did not owing to the hurry VI
the OCCASION quite get the views he DESIRED a"" WIN"
intended to express upon the sulJect Oh "'o P''P
scbeme for counting the el ct0ral Vote' Inc P'""
,nitted ny the committees IL doubtless AZ unooee'o"
as any they were able TO agree upon anu pern"p !
ia rs satisfactory az be attained II the eectorai 'o
60 mot IN be couuted by the President OF the senate aS
provded by the Constitution The scheme assumes as
fundamental proposition, that tine power 10 cou"' VIZ
vote il vested in the two houses OF congress io inv
uroposed act provides that the fifteen persons " "
appointed shall constitute commission ior ''o
discussion mot determination upon or IN respec.
of such double returns named In the sect'on' anu !"
further declares that II upon objection to their decsoh
nv Ave Senators and five Representatives. the TWO ho'
shall concur in overriding 1t, the same If 10 po "
parded Tho scheme not only assumes tha' INC Po"ei "
count the vote Is vested in the Two houses vi 'o"s
bu also assumes that either house in the exercise Oh
its constitutional power prevent the counting vi any
nv obectng thereto and this power, 1t IA proposeu u!
tho scheme in question: that each house shall as com
nroniso surrender upon condition, however that Dot
concur the vote may be rejected Ana ths bargain 10 "
this iuncturc urged upon the nation as suI'po 'o WV
emergency, because q few Senators ana hePiese"''
havp On
era.elv committed themselves to the proposition '"a'
either house has power by objection arbitrarily 10 pre-
ot rho committing OF the electoral vote Of any state or
States and thus to defeat the will OF the people eoS'u
tonally expressed thereby enabling the Honse Oh KEEP
resontyes at pleasure usurp the power TO eject the
President Of the United States.
POWERS CANNOT BIG SURRENDERED.
IT'S proposton too plain for argument, that II tine
Constitution Of the United states has vested In eacn
hv n ID
State FROM being counted two houses cannot ny
bargain in any form surrender it, and 1t il equally cear
that II the Constitution has vested in the TWO houSo'
mower by concurrent action to count the eiec'o VOC
such power cannot be delegated to commission "a'
woud be thought OF bargain In any form between "c
President and House Of Representatives by Whieh nc
sbould agree not nominations to the senate iof
coIectors of pors foreign ministers, judges OF the
Supreme Court rfess with the assent of committee
of the House and yet this surrender OF power ana uS
regard Of duty imposed by the Constitution woud DC lar
less ieplehensibe and dangerous than surrender py
the person. tribunal bodies, in which the CONSTITUTION
has lodged it, of the power and duty TO determine by
count of the electoral the elected Us Prcs
dent and Vice President Of the United states.
Tint this poyer exists no doubt Ii - Tor the
interests OF the Democratic leaders TO insist at TINS juno
ture that il is vested in the two houses OF Congress- anu
that by objection of either the vote OF any particular
State may rejected; that thus the election OF lue
na he
House OF Representatives. II by like objection OF the
Senate to the electoral votes majority Thereon
should not he cast FOR either candidate. Tie
Republican party will neither threaten nor pcrpetratc
violence if it snail be determined that the House ana
Senate may each at pleasure cOnstitutionaly reject
electoral votes, should THIS result III Tue
election OF Mr. Tilden by the House OF Rep-
resentatiycs II is the almost unanimous opinion OF that
party that the Constitution has vested IN the President
94na tp he
vote in presence Senate and House OF Representa-
tivcs the latter of which may impeich nm II nc 'OeS
his duty, the former having power TO try him on sich
impcacLmct lie il thus in discharge Of that duty I'M
der the responsibility of his oath, lis obligation to Ills
high Office and subject also to the scrutiny Of those who
NAV accuse and try him Argument and statement have
been exhausted to show his power TO do this, anu shall
not repeat them
1t ia TO be regretted that they have not hitherto in
structed those whose incOnsderate remarks have
prepared the mOrass in which the nation Is
now noundering and fromS which their. authors
and others struggling to relieve 1t by what 70
called a compromise. | observe at the close OF the
scheme provision that it shall not he held 10 Impair or
affect any right now existing under the Constitution and
laws question by proceedings in the judicial courts
Of the United States right title OF the person who
shall be declared elected who shall claim to be Pres
dent or Vice-President OF the United States,
If any such right exists, thus contemplating
"a
for those great offices after the count shall
have been made under the compromise Let us suppose
that by majority of OF tie five Judges the electoral
votes Of Louisiana shall be rejected, Orwha quite as
probabe-hat the vote of CrOniu OF Oregon snail be
counted and that majority Of the electoral vote is
secured for Mr. Tden We will suppose that five sena-
tors aud five Representatives object in pursuance OF the
scheme to counting the vote of Cronin rejecting
that OF louisiana and that majority Of the Senate sus
,ni tIa ipctin r. n
Of the House will not and hence Mr. Tiiden
is declared elected Who In the Language OF
the scheme Is TO question his right By judicial
proceedngsl Mr.. Hayes cannot, for although he has
received "A majority OF the lawful electoral votes,
another step must be taken-hey must be counted be-
fore he has n OF right the Office OF President and
until he is clothed with such right he cannot suppose,
question the title Of blr Tilden for this must II done
jucally. he by writ OF quo warranto-which IL pro
cceiing to inquire by what Office ia held by
any one and why person whose instance the writ
is prosecuted should not he declared entitled to it,
ANOTHER PLAN.
The proper mode Of testing in whom Is vested the
power by the Constitution TO count the electoral vote
would be- az venture 10 suggest, TO let the vote be
counted and the result declared by the President Of the
Senate and should he declare Mr. Hayes elected Prcs
dent let IN House, II il claims the night To elect in such
a contingency, proceed to eject Mr. Tlden, and then let
the latter, thus clothed with color OF title to the Office,
institution the language OF the scheme-prOceedngs
In the judicial courts, that the question be finally
settled by the Supreme Court OF the United States in
whom or In what body the Constitution has vesedtle
power to count the electoral votes. This Is strictly
constitutional Qucston-not connected with politics not
involving partisan feeling, and entirely relieving the
members of the court from the painful duty
which they may may not accept.
In performing the duty have suggested. motive of
political prejudice could possibly be imputed to any
member Of the court Its de CiSOn would he chcerfIy
submitted to-
IL is better my judgment, that either candidate for
the Presidency should be declared elected In either 81
the modes suggested that this putsrng with the