The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-06
THE PROBABLE OUTCOME.
The Electoral Tribunal VIII Probably
Make 1t TIiaen and wheeler.
Correspondent N. \. SUM-,

| MAKO AG FltheH ana wheeler.
| Correspondent N. X. sun.)
| WASHINGTON, Jan. 30.-Although the
Electoral act requires special oath to
be administered to each member Of the
commission, it is not @ violent presump-
ton to suppose that the Republicans
and the Democrats will stoutly maintain
their respective sides Of the dispute. as
they have generally done in the Senate
and House of Representatives. The
composition Of both indicates as much,
although there are men on each who
could not be sweryed from right by any
considerations OF party. Morton and
Garfield. however, do not belong to that
/ category.
Ultimately the decision will doubt
| less fall into the hands Of the judicial
branch Of the commission. At the
start, the constitutional and general
| legal questions must be cleared away,
| before taking up the merits of any or
the disputed States. The Constitution
says.
"The person having the greatest
number OF votes shall be the President,
! IL such number be q majority of the
| whole number of electors appointed"
Does this clause mean that ma
jority Of the whole Electoral Colleges
| Is required to elect President, or only
q majority Of such electors as shall, In
| the judgment OF q proper tribunal, be
| held as legally appointed2 This dis
| 'inction is very important, and upon it's
| decision may be said to hinge the whole
| presidential question. In the first case
1856 votes would be required, and, in the
other, a majority dependent entirely
upon the number Of electors admitted
| by the commission.
The Justices Of the Supreme Court
who have to pass on all these great
points arc conservative, and necessarily
desire to keep that tribunal free from
political assault. Already they have
been rudely criticised for consenting to
take part In the arbitration. The mo-
tives and antecedents of each Of them
have been discussed with q harsh free
dom to which Judges are not accus-
toned. They will naturally desire to
satisfy both sides in some degree, IL
possible, and to have their decision ac-
eepted by the country with satisfaction.
Like the rest Of the world, they have
human weaknesses, imperfections and
ambitions.
Now, after disposing OF the legal ques-
eions, the States in dispute will be call
case on the docket. These Judges must
be guided by the record as made up,
when they come to consider the merits.
They will have before them brief OF
the testimony taken by the House Com
Hittee on one side, and the Senate
Committee on the other, one asserting
Republican frauds and the other Demo-
cratic intimidation, and conflicting i'm
every important respect. They will
have the certificates OF two Governors,
in favor Of two opposing sets of electors.
two, of the Democratic electors, who
we believe to have been fairly chosen.
against the Stearns certificate.
A multitude Of questions will be raised
in regard to the vote Of this State, and
though laymfn and politicians may see
no reason why there should not be
doubt as to Tilden's right, Judges who
are not supposed to have any previous
knowledge OF the facts or to have made
any Investigation might we'll be puzzled
over the volumes of contradictory tes-
timony, which form q vital part of the
record before them, all regular In form
and attesteda Nth every solemnity.
II Florida be cast out because OF this
conflict, Louisiana will undoubtedly
share the same fate, for there even a
worse state Of things exists. Then Til
den's success would depend upon the
construction given to the clause of the
constitution above cited; that is to say.
whether o majority Of all the electoral
Colleges, or only OF the electors
held to be legally qualified. consti-
tutes the necessary majority to make d.
President. 1t can. hardly be assumed
that the fraudulc.lt certificates from
Florida and Louisiana will be approved
by the Commission. Nothing but judi
cial blindness, or something worse,
would authorize such belief.
Looking over the whole ground care
fully, considering the perplexities OF
the Supreme Court, and the desire to
conciliate the good opinion of.the eoun-
try, it seems most probable that the
commission will find a method Of easing
their own conscienees and strengthen
ing their decision by an award which
will not be an absolute triumph for
either, and q partial victory for each.
If there be such q disposition, the way
out OF the dilemma is simple enough.
1t looks as Ii Tilden would be President
and Wheeler Vice President on the 4th
Of March.
Communicated