The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-24

was known to be- gross and fraudulent tam
| pcring with the popular votes, certain state
officials had certified that they were chosen.
| The Senate says to the House: 1--WE are
going to declare HAYES elected, anyhow.
| Here, then, is n dilemma. Get ont OF 1t
the best way you can II you, holding
that the frauds in Florida and Louis
lana can be investigated in counting
the electoral votes. shall declare TILpEN
elected, there will be a conflict and
civil war" Such was the attitude Of the
Republican majority of the senate; and we
need not resort to any fine process Of argu-
mcnt to make it apparent that every man
who held out the menace Of this result con-
tributcd his official and personal weight to
the creation Of the only dilemma that ever
cxisted--a dilemma that was created by
prOclaming that the Senate would refuse to
consider whether the Republican electors
in Florida and Louisiana had obtained their
certificates by grossly false returns OF the
popular votes.
The creation and organization Of the Flee
toral Commission under such circumstances
as these were sure To bring about Just what
happened. Every Republican Senator who
was put on that Commission had prcjudgcd
the question by the attitude assumed 10y his
party. OF the Democratic and Republican
senators and Representatives placed on the
board, 1t might be assumed that each would
bc likely To favor the candidate OF his party.
There were to he two Democratic and two
Republican Judges of the supreme Court ON
the Commission. The fifth, Judge BRADLEY,
was the only remaining member of the
bench whom his associates could select.
He was practically to Ice the umpire ON the
whole matter and he came into this posi-
tion after his party friends in the SEN
ate and in the country had determined
that HAYES should be counted in by
the Senate. II the Commission was not
acccdcd to. That BRADLEY, "A weak and shift
ing man. VIGOROUSLY open to influence.
should. Notwithstanding his declared per-
sonal convictions. have succumhcd to all
this previous and all the subsequent pres
sure, is not surprising. The whole scheme
was ingcuiously devised for the accomplish
mcnt of a predetermined result. That the
result should carry any moral weight with
it. considering how the umpire behaved ON
the decision Of the main question, is out of
the question.
Upon that main question. ne decided by a
majority II a board so constituted Senator
HoAR puts himself In the judgment Of his
fellow-citi1cns. now and hereafter. This is
just where we wish to have him stand. We
accept the issue. We deny ~ toto the con-
stitutional soundness of the doctrine that in
counting the electoral votes of the States
for n President tbe two Houscs of Congress-
are So bound nv the certificates M ths state
officers Inn, ,brv conpot r.coivc mr. NOT uno,
evidence of yrnss frouds unon tbo ,,,orI,
,.bo,o,,. tho VOICE, ,h., CO.., l. ,,o,aro,,
bave bocn vho, II nover wos W. 10,
,his 1o,,..,,o,,s H., ,,,",
l. hos 49,, ,,a,ro,,, ,,ho,n,',. IN ,l,o C,,,,
r.,.'..i
VI w., ~. W.
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.t
,o Y,,., ,,, r,.,
=, -. -, T., -
States with n delegated nownr to reject
the votes of whole cointics tins disfrnn-
cbisine, grant ,oossos If tho vnters and
chonging tho result of n nonulnr olcc,ion
il "A device which WAS never contnm.
nlatcd A. nort of tha mannor ~ onnoiut
ing tho electors which the Constitution
committed to tho Iori.lo,urcs II n STATE
Legislature is foolish or wicked enouyh IN
n,,t sucb a e,hnmn in nnnrution in tho mn
rointmcnt ~ its Stotn unicnrs II does no,
nt all FOLLOW that il can rut il i'm successful
nrnratinu in "a. ,rnointmcnt of prneId,n-
| ti,l el.ct,,rs For aftar th,sa amendments
hove henn all mado and cortiflod nri,uo
focje. the two Houses Of Congress have
n dutv TO perform namely. to count
the olsc,o,.L ,otas In evorv svstop, of
,roo and a,oo,,ya Government where
ha ronr,or will is 70 he regarded. and there
IL Il supreme central authority appointcd to
ascertain the results of an election. count
ing implies more than arithmc,ical cnumcra-
ton Of the contents OF certain certified
nnncrs. II inplies the LEGAL a-crrtniuucnt
II lnpal votes. or. rs the Electoral Commits.
sion law itself put IT. the asccrtainmcnt Of
what votes were the true votes contem-
plated bv the Constitution. II fraud is sug-