New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-12-10

as law, because the subject Is not "'tiiih
States power It does not need repeating
no substitute for it conforming 10 Federal law
is wanted it is simply a nulity. for the rea-
son that Congress has the sole power OF
choosing the day, and has made the cho'ce'
And how Congress is to enforce Obedience W
a uniform day, and secure proper rcspec.
for its undoubtcd constitutional prerogative Oh
naming it, except by rejecting a vote deloer'
ately cast in contrivention, is not easy 10
suggest.
The Joint conventions have already dis
tipctlv called attention TO the duty OF OBJ
serving the designated day. In 1857, when
the vote which elected Buchanan over
Fremont was counted, the question arose as
To Wisconsin, whose electors had voted one
day too late. In 1869, in counting The vote
which elected Grant over Seymour, 1t arose
again over the vote of Georgia, under the
same facts as are now presented. 1t was In
this instance complicated by an objection
which many deemed more mWitorious,
namely that Georgia had not perfected
ner right to representation since the
rebellion. But o chief point discussed IN
a very excited debate, extending over month
and filing a hundred pages OF report, was
whether the deliberate and unexcused neglect
of the electors to vote on the day designated
by Congress was not OF itself a reason Tor re-
iecting the voc. The two objections were,
however, waived, and the course taken was III
substance to announce the vote both WAYS {;
as if the vote of the doubtful State had been
counted, and as if il had not been. Tne at
tenton of Georgia has thus been called, as
strongly as may be- but frutlessly. to the error
in her sta ute book What course shall Con-
gress next take to secure the uniform day I
1t is false statesmanship to disregard again
and again an rreguarity which may have
important consequences because this tine
at does not affect the result" The year
when it does not affect the result is the safest
and best time to correct it and establish the
proper rule. This present year decisive IN
tmatiOn that States wishing their electoral
vote to be counted must at least try to cast
it on the uniform day can be given without
injury to the rights OF Georgia, and without
danger to the general peace, for the very
reason that it will not affect the result.
At some future time, when an eiec-
ton hangs balanced upon the reception of
GeOrgia's vote, to settle the abstract principle
will he far more difficult and dangerous.
Much consideration Is expressed, and right
fully. for the embarrassment winch the Gov
erpor and the electors must have felt IN view
of the conflict between the real and the APP
narent law. A valid law and a void one look
very much alike, in the books If these
gentlemen are plain. unlettered men,
not instructed in American constitutional
law sufficiently to kno that distinct clause
i'm the Federal Constitution or an authorized
act OF Congress OverrIdes any State dlctum on
the same subject, they may well have been
perpexed, and have acted IN entire good ialth
in following the State law" A little astute-
ness and ingenuity, however, might have sug-
pested TO the electors, if they really were per
plexed, the device of meeting and voting OH
December l according to the summons OF Con-
gress. and meeting and voting again on the 9Th
pursuant TO the invitation of the Governor. The
two votes might have been transmitted to
Congress, leaving that body TO choose and
count the valid one. And the nulIty might
have been framed and glazed to be hung in the
Georgia State House in attestation OF the al
lpglance of her officials to "State Rights
Some New-York politicians would jump at so
good pretext for spending week, at public
expense, among the hotels OF the State
Capital.