The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-25
The Most Important Question Before
the syracuse Convention.

the syracuse Convention.
In the personal politics before the syra-
cuse Convention we have neither lot nor
part. We have counselled peace. because
We believe peace is wisdom, peace is patri-
otism. There is good work enough to be
done in the service Of the country to employ
all the talent in the Democratic party. 1t
seems to US folly for men like CHURCH and
TILDEN TO waste any part of their energies
In antagonism to each other. Engaged as
they are in n common cause, dcN otion to
should bring them and their respective ad-
herents together as n band OF brothers. We
gave this counsel before the Presidential
election. 1t was not followed Whose the
fault We know not. Had it been adopted, it
would have brought stronger mon immc-
diately around the Democratic candidate,
reinforcing his own uncommon ability, pre-
venting some mistakes that were made;
and we believe the result would have been
occupying the White House at Washington.
We have renewed this advice recently, for
the sake Of the Democratic cause. and not
IN the interest of one division Of the party
more than another. Indeed it may ~ well
be understood that The Sun is committed
10 nobody for the future but is as entirely
and absolutely independent Of one indi-
vidual as of another. We have repeatedly
declared that the nomination at present oi
and We adhere to that opinion
Whatever divisions there may be- in the
Convention at Syracuse on other questions,
there is one principle of constitutional law at
stake on which it is to be hoped there will be-
complete unity Of opinion. That principle
underlies our whole system of FREQ nstitu-
tious and Is essential to Il government by
the people. 1t is that the President Of the
United States shall be elected in the man
ner prescribed by the Constitutions The
person now occupying the office of Prcsl-
dent was not elected in the manner required
by the Constitution. lie derives his title
through an Electoral Commissions That
Commission was an unconstitutional device;
and no title derived from an unconstitu-
tional source can itself lbs constitutional
and valid.
II has been contendcd that though the
Electoral Commission was unconstitutional
and consequently could confer no title, yet
HAYEs's title was made good by the sub
sequent assent of the two Houses Of Con-
gress. This proposition is erroneous in two
respects. First, the two Houses never gave
their assent-the Senate consented but the
House objected. Secondly, If both Houses
had given their assent. such assent would
not have made baseess title valid.
We hold that the vote of State for Prcsi-
dent cannot be counted against the obicc-
tion OF either House of Congress; that this
is the most reasonable and only safe con-
struction to be put upon the Constitution 4;
and that it is supported by historical plece-
dents.
The two Houses alone have jurisdiction
OF this matter. 1t is an original rs well IA
exclusive jurisdiction. 1t cannot be excr-
clsed in an appellate form, nor in oniunc-
ton with any other political or judicial
body.
ha mil a5f.
never contemplated by the trainers Of the
Constitution. 1t was not in harmony with
the provisions Of the Constitution, but in
consistent with them. Though formally
created by statute, it never had any lawful
existence; and all its acts were without
force and Void and precisely as II they had
never been.
Now there can be no doubt that but for
the creation Of this unconstitutional body.
MIR. HAYES would never have been declared
President. His tHe has root IN The unconsti-
rational and rOid dctiOn Of hm unc0nstau-
tional Commission. That Commission caused
the votes OF certain States to be counted
which would not otherwise have been
counted. 1t did, therefore, control the re-
suit OF the election, making it different from
what 1t would have been il the Commission
had not been created 1t Is consequently
strictly and literally true that HAYES de-
rived his title from an unconstitutional
Commission.
That title was void.
Has It been made valid?
Could it be- made valid?
1t is admitted that the House OF Repre-
scntatives objected to the votes OF Loulsl-
ana and Florida being counted, and that
theywere counted only because the Flee
toral Commission decided that they should
perceived. Whatever might have been done
In regard ~ other votes that were objected