The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-26
THE LESSON OF 1876,
How Shall the Nation Guard Against Repe.
tItIon OF the Electoral FraudI

titiOn OF the Electoral Frnudf
To THE EDITOR OF THE SuN-Sr: Time
rushes on and we are borne swiftly toward
another Presidential election without any re-
form in the electoral system. Are we to drift
again upon the same rock upon which we so
nearly split in 1876 II the resolutions Of rep
rcsontatvo bodies and the voice OF the ncwspa-
per press mean anything at all. it is absolutely
certain that the majority Of the American peo-
pie. which elected Mr. Tilden. will not permit
its expressed will to be set aside a second time.
The candidates duly chosen in 1880 will be duly
seated in 1891 and another attempt to pervcrt
the votes Of States. or to use the army as it was
used in 1876 in Louisiana and Florida to pro-
tcct the perpetrators Of fraud. or as it was used
in Washington. to ovcrawc the representatives
OF the people while tho fraudulent votes were
being counted would meet with precisely the
amount and kind Of resistance which might be
necessary to defeat tho conspirators.
system under which the candidate who is
the choice Of minority only Of the people may
receive n majority Of the electoral votes. and be
legally declared elected, is certainly wrong and
vicious but when it is discovered by actual ex-
pcrienco that under this system the candidate
who has a minority Of the votes in the ballot
boxes. and also minority Of the votes in the
electoral colleges, may be Illegally and uncOn-
stitutionally declared elected, the process OF
and welfare Of the country.
Mr. Adams. Gen Taylor. Mr. Buchanan and
Mr.. Lincoln were minority Presidents, but their
accession put no strain upon our Tree insttu,
tons. because they were legally chosen, and
their authority was acknowledged rs matter
OF course. But the trouble, in these modern
times. is in the asccrtainmrnt OF the electoral
votes 10 be- counted. Where does this great
power reside ? Tho prctence that IL belongs to
the President of the Senate was never seriously
maintained. and II was abandoned even 10y tho
most reckless partisans early In the history Of
the great fraud II has hitherto been exercised
by the two Houses of Congress, not Jointly. but
separately and cOncurrcntly. We need not dwell
upon the OWLS which may arise-and which, in
decd. must inevitably arise from this practice.
Tho presence of man iii tho White House
who was neither actually nor legally chosen-a
man who was proclaimed President in the face
OF both a popular and an electoral majority
against hints n sufficient commentary.
The two Houses are Just likely TO disagree
rs TO agree respecting disputed vote What
them Can Congress nbdicate its functions and
delegate liz powers; Shall 1t create a strange
tribunal composite and monstrous in its con-
srurugn. wnlch - nelther court nor commit
toe, and rs absolutely unknown and repugnant
e. the Constitution as the star Chamber or the
Holy Onircf Its judgments would be legally
worthless. and would probably never be sub
mtted to second time. The Electoral Com.
mission created To consummate the flaud Of
1876. expired hy Imitation and persisted in the
iniumy OF It's own success Whatever cOmpli-
cations may arise in the future ii is certai n That
no politician will ever be found bold enough to
propose another resort to an eXpedicnt 50
ing the votes might be remedied by very slight
alteration in the words OF the Constitution,
which would be. in truth. rather decaratory
than amcndatory. Let the first sentence in re-
lation TO the counting be made 20 read:
The President 81 the senate shall. IN the presence q
eeIuaea,G; AMI ne vote; shall then be counted the
the votes for Vice President by the senate, sc.
This merely expresses the construction which
some very eminent lawyers put on the clause rs
II stands. Among these lawyers are Charles
\ I a. HHa NNsaHLH Il Int
Chairman Of the House Committee on the Judi
ciary. Tho Interpretation seems quite rs rea-
election by the Electoral Colleges. the House
tha Senate q Vice President
Who shall determine when this contingency
has arisenf No other officer or tribunal being
appointed 10 ascertain the Tact. the Houses
necessarily determine il for themselves, and
they can do SO only by an actual count Of tho
votes. As II 10 facilitate them in this work. the
ballots for President and Vice-President. are
| kept studiously apart, ana are returned in
distinct lists" They are sent 20 the President
! OF the Senate because the Senate ia a perpetual
body ana ne keeps them AMI opens them IN the
presence OF the two Houses. when adIly organ
! ized House ot Representatives appears TO per-
| form IT, duties. There Is no Joint convention
under the Constitution. Each House is present,
with IL own organization. and as separate
branch Of the Legislature.
These arguments are recited only to show
that the proposed amendment would not be 4
violent or startling innovation, but one in full
accordance with the spirit OF the Constitution
! device of the Democrats. since. II the Republic
! cans hope 20 recover either branch OF Congress.
| they must expect 10 recover the House first.
| " The members 81 this House. said speaker
| Randall in his inaugural address. are tho
| immediate representatives, ot the people aud
| bring with them the freshest expression OF
! thor Will They are not only more lately from
! the people. hut they are more directly account
| able 70 them, and are. therefore. less likely
! than the members OF the other branch To per-
vert their WILL 10y any abuse Of their power over
| the count.
The Senate in 1877 was not a representative
| body Tho changes in popular sentiment which
! have now made IL Democratic had taken
place then hut senators who survived officially
! thu public opinion that created them controlled
| in thu interest Of repuliated party. and gave
! the electoral votes of Louisiana and Florida To-
n candidate who was not entitled To single
one Of them. The House. on the other hand.
was prominently representative body. IL
spoke with the voice Of the popular majority
which had elected Mr.. Tilden. and the mem
bgrs returning 20 the people with an account
| OF their stewardship, their conduct was APP
proved, n sufficiently appears hy the Demo-
cratic prepOnierance III the present House.
The --latest Michigan Orator.
Prom No clio1go Tine.