The Republican. [volume] (Oakland, Md.) 1877-current, 1880-06-05
Electing a President by Congress.

2~~sse"eo euIe.-IICUpoTS W6eHty.
Electing President by Congress.
During the dispute over the count
5ng Of the electoral votes in 1877 the
Rsmocratic members of Congress,
aad the counsel appointed to repre-
seat the party before the Electoral
'Nommission, placed great reliance
upen the claim that each State en-
joyed a constitutional right to deter
mlne for itself which of the two
efntesting electoral tickets had been
9osAn by the veters of the State. In
tle argument upon Florida returns
tley took the extreme ground that
eFAssss s2.ef 4 ~ litl esrfifiaSte az elee
tisn had been issued by the Governor,
the State, through its legislative or
Judicial department, could cancel
that certificate and issue a new one to
other persons, and that Congress
would be Bound to accept it. The
Supreme Court of Florida had deci-
d"d that the certificate was improp-
erly.issucd to the Republican electors,
al authorized the granting of a new
one to the Democratic candidates, and
Mr.. Tilden's representatives at
Washington insisted that Congress
and the Commission We're obliged to
follow the Judgment of the State
Court.
Senator Edmunds, in his scheme
for determining the method of count
ing the electoral votes, adopted the
Democratic principle asserted so vig-
orously in 1877, and proposed that
whenever dispute arose as to the
validity of conflicting certificates, the
question should be referred to the
Courts Of the State, and their deci-
sion should be binding upon Con-
gress. His plan was in harmony with
the Democratic theory of the Consti-
tuition, and morever the Democratic
party was distinctly committed to it
by the proceedings of three years
ago. Yet when it was put to a vote
the other day in the Senate, the DEM
ocratic members voted unanimously
againstit. Either they were not sin
cere when they made their plea be-
fore the Electoral Commission, or
they are now contending for meas>
ure which they know to be in fragrant
violation of their own most cherished
PRINCIPLES. 1t has been the general
opinion, ever since the Democratic
party obtained control of Congress,
that the majority had no desire to
settle the difficulty about counting
the votes. They preferred to leave
the matter open, in the belief quite
characteristic of the party, that the
Democracy can usually snatch some
advantage out of disturbance and
public danger. The general opinion
has been confirmed by the course of
events. 1t is clear now that the ma.
iority do not wish for constitutional
settlement of the case, even if it can
be settled in accordance with their
own principles.
Mr.. Morgan's concurrent resolution
settles nothing. 1t has effect only
during the present Congress, and
amounts to no more than an arrange
ment whereby the majority, having
control of both houses, propose to
manage the count in 1881, leaving
the remoter future to take care OF
itself. Just now it is for their own
interest to claim tor the House and
Senate the largest possible power to
disregard the decisions of all the State
authorities, whether they be Cans
vassers, Legislatures, Courts, or Coy
ernors, and to constitute the two
branches of Congress huge return.
ing board to scrutinize and count the
ballots of every electOr separately
Under such a resolution there will be
nothing to prevent partisan major
ity from counting out the successful
candidate next year; and anybody
who recalls the trivial and absurd pre-
texts upon which the Democrats de-
manded the rejection of sundry
Hayes votes last time-we do not
mean in the three doubtful States
but individual electoral votes here
and there in States admittedly Re
publican-will see how large theiI
opportunities are, and how serious
is tho danger. AS Senator Teller
pointed out, in the discussion OF
Monday, the Democrats can reverse
the result of an election without go
ing 80 far as to threw out any Lawful
votes. They can prolong the contest
by presenting numerous dual returns
requiring an Investigation of eacf
individual veto, so that the 4th o
March may find the canvass untn
ished and then the House of Repre-
sentatives will elect. The concurrent
resolution will fall to the grouno