The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-11
How the Republicans Could Make
Sure OF New York Next Year.


There are things which might be done in
politics in strict conformity with the consti-
tuition, and which yet would SO violate
American usage and shock public sentiment
that, If attempted, they would raise as great
a elamor as revolution of the government
or treason itself. The first of these things
to which VIC shall allude is introduced
merely for illustration and to point out
parallel. The illustration is Hypothetical
and improbable, but the project to which
we shall apply 1t is not so imaginary.
1t has been given out that one or two of
the Southern States incline to revive
method of appointing Presidential electors
TINT prevailed to some extent in an early
period of the government namely the
direct appointment of them by the Legisla-
ture. There has never been any question
that this method is valid. 1t con-
tinued to be practised by South
Carolina down to the beginning of
the civil war, and the electoral
votes of that State were always counted
without objection. The constitution pro-
vides that 'each State shall appoint. in
such manner as the Legislature thereof may
direct. o number OF electors" &c. The
method for each State rests entirely in the
discretion of It's Legislature, and it is pre-
cisely as constitutional for any Legislature
to appoint electors itself as to direct their
choice in some other way.
IT. therefore, the new Legislature of New
York. being republican, should choose to
make sure of giving the electoral votes of
the State to the candidate of their party,
they could constitutionally do so. They
have the game in their own hands, if they
could be supposed bold enough to play it.
republican journal in this city has
actually suggested change of this
kind, though less radical. What II
suggests is that only the electors who
correspond to the two Senators be APP
pointed by the Legislature, and that the
other thirty-three be elected in separate dis
tricts, like members of Congress. This
method would also be perfectly constitu-
tional and would give as practical result
twenty-seven Of the thirty-fve electors to
the republicans II they should carry the
autumn. The republicans have too much
confidence in their ability to carry the
State next year by the usual method 10
adopt this suggestion.
But. merely for illustration, let us sup
pose New York doubtful State, with the
chances in favor Of the democrats, and that
the republican Legislature should resolve
to make sure thing of it by appointing
the electors The State and the whole
country would resound with denunciations.
The sense of public outrage would never
be appeased until every man who voted for
so audacious change had been hunted
into private life and politically ostracized.
And yet the Legislature would have done
nothing which the constitution does not per-
NIT. We are, therefore, warranted in saying
that long usage, founded on jealousy OF
power, is deemed almost as sacred as the
constitution itself and can as little be
violated without outraging public senti-
ment. Now for the application. The cleo
ton of President for third term is no
more forbidden by the constitution than is
the taking away of the choice Of electors
from the people. But in both cases long
aud approved usage has the force of a con-
stitutional provision, since nothing can be
more certain that if the constitution were
now to be made it would insure the choice
Of the President by popular vote and
would limit his re-eligibility.