New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-05-14
NAmoNAL RETURNING BoARD.

It is q striking illustration Of the desperate
feeling prevailing in the Democratic party that
n scheme so bad as the caucus plan for count
ing the electoral votes can be favorably reported
But for the bold conspiracy in Maine and the
various scat-sieaing operations In Washington
we should deem it impossible for so dangerous
and revolutionary measure to be carried. II
il in fragrant opposition to the spirit of the Con
stitution, it is contrary to the only political
doctrine the Democratic party has left and it Is
sure to result in fraud and wholesale injustice.
Nothing can be clearer than that the Federal
Constitution requires the President to be elected
by the States. The Legislatures are 10 appoint
electors in any manner they see fit the electors
are to meet in their respective States and trans
nit the result of their ballOtlng to the Prcsi-
dent of the United States Senate. The laws en-
acted from time to time to carry out these pro-
visions of the Constitution establish tie methods
by which each Stare is to determine through its
own retiring officers what electors have been
chosen and the proper authorities OF the State
are to give to the electors formal certificates of
title, which must accompany the statement Of
their ballots transmitted to the President of the
Senate. Nowhere is 1t 80 much as limited that
the choice of electors may be, or can be, deter
mined, save in their respective States and by the
lawful State authorities. The votes which they
are to cast are regarded as the votes of the
States, not of the people and the States must
select their own agents in their own way. This
is 90 plainly in accordance With the Democratic
theory Of State Rights that it is not easy TO see
how any Democrat can bring himself to qucs-
ton it. During the arguments before the
EIooI,rol Commission fhn m ma Of Mr. Til
denis case urged this very doctrine as plea for
rejecting the HAYES votes from Florida. In the
objections to the Republican electors Senators
Jones, Cooper and Mcdonald, and Representa-
tives ID. ID. Field, Tucker jerks and Springer,
took the extreme ground that even if the ccrtii-
Gates originally issued to the Republicans by
Governor Stearns ever had any validity" they
had been "annullcd and declared void" by the
subsequent action of Governor Drew, and also
by a resolution of the Florida Legislature and
Judgment OF tho Supreme Court OF the State.
1t would he impossible to make IL broader aSsrr-
tor of the final and plcnary authority OF the
State in passing upon the title of its electors
than by assuming, rs the Democratic managers
did in this case that after a UdId certificate had
been issued to one set of electors the State could
annu it aud issue another certificate to n diff
ferent set, and that its judgment in this extIaOr-
binary and arbitrary course must be conclusive
upon Congress in counting the votes.
But By the proposed joint resolution
the two houses of Congress are to resolve
themselves every four years into Ma
tional Returning Board to revise the fig
ures of the State Canvassers. The names
of all the electors are to C3 submitted for APP
proyal, before the votes are counted, and il the
two houses agree in rejecting any vote 1t shall
not be counted. AS the two houses are now
controlled by the same party, the effect Of this
resolution would he to give the Democracy al
| Washington absolute control over the choice OF
| the next President; and whenever the Demo
ciats find themselves on the point Of losing theiI
majority they can modify the joint resolution
to suit the new exgency. Under the famous
| ODD joint rule it was possible for one house to
prevent the counting Of vote, aud the rule
was dropped because that was considered
dangerous. But in former years there was O
| general respect for the right Of tho States Ia
vote for whom they pleased, and most Of the
tricks aud Outrages by which the Democrats