The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-05-27
SAMUEL J.TILDEN.
why He Did No, rake the Presidency.

ing the Presidential contest in 1876:
NEW YoRK Cry, ApriI9, lSso.-DEAR
SIR: Your favor has just reached me, !
have carefully read what you say Of az
Impression current in Tennessee that MI
ridden aid not do all that might have been
az pected from brave leader to assert MS
titie 10 the presidency In 1876. In reply
think / can not do better than give you
the substance Of letter which l had oc-
casion recently to address 70 q gentle
man in Missouri, where similar delu'
sion seemed TO have obtained some cur
rency. ,,.,, .,n.
nose who can suffer more from popular
Misunderstanding OF his motives than Mr..
Widen, but, in my judgment, circumstances
constrain him now no less than heretofore
m leave the yindicatiOn Of his conduct, as
the leader OF the party in the last Presi-
Dental contest, to Its good sense and love
of iustice. need hardly tell you that
there has been no time when he could par
ticipate in any public discussion OF the
method finally adopted for counting the
electoral vote, without appearing TO orln'
cise the conduct OF statesmen standing
high in the confidence Of the Democratic
Marty. and whose patriotism is above sus
i,;cion. That alone would be sufficient
reason with him for maintaining SILENCE
and for declining to make oi what woulu
seem TO many q personal grievance pro-
vocation Of Improbable party dissension.
"In further justification OF bis course,
Mr.. Tilden is statesman enough, l believe,
10 know that whenever, ]! ever, 1t became
necessary for the people OF the United
States 10 pass judgment upon his conduct
during and subsequent to the canvass Of
1875. they could noHail TO acquit him oil
ali responsibility for It's unhappy result:
"The logic OF nations is much more rig
orous than that Of the Individuals com.
posing it, and 1t would be doing the un.
Outstanding OF the American people great
Injustice to suppose they will not see,
when they have serious occasion TO ex.
anime the question, that there was no
time when Mr.. Tilden could have taken
apy step toward seizing the presidency
with any color Of right, or with any pros
pect OF success.
There were just two contingencies, and
only two, in which 1t would have been
lawful and obligatory upon MIR. Tilden TO
take the oath as President of the United
States. The first would have been pra-
sented il Congress had performed its con;
stitutional duty; had counted the electoral
vote and declared Mr.. Tilden chosen by
the electoral college. The duty OF count
ing the electoral vote Is given by the con.
stiIution to the two houses oil Congress
and TO them only; it had always been ex.
ercised by them at the choice OF every
previous President from the foundation Of
The Government. 1t was known to all
who came in contact with Mr.. Tilden in
those days-for he was unreserved in the
expression OF his opinion on that subject
that in his view this power and duty was
lodged nowhere but In Congress.
"fhe two Houses OF Congress, how
ever, did not see fit TO exercise that power
nor discharge that duty, and, consequent
", the first contingency in which It would
| have been proper for Mr.. Tilden To take
the official oath did not present itself. Be-
fore the time fixed by law for counting the
electoral votes, Congress passed the Elect
oral Commission bill, by which they prac-
tically abdicated in favor OF q tribunal
unknown to, aud, as think, unknowable
by, the Constitution, and enacted that the
Electoral Commission should in the first
instance make the count, and that Its
count should stand unless overruled by
the concurrent action OF the two Houses.
This electoral tribunal counted Mr.. Til
den out, and counted in man who was
not elected. Congress did not override
their count, In consequence OF which the
false count stood as law under the act OF
Congress.
| U1Fl, a al, oIho. oort;noano,, T.. xiii
it would have been obligatory or even
lawful for Mr.. Tilden to have taken the
oath OF Office was in case Of failure OF a
choice by the electoral college, and the
house OF representatives had itself pro-
eeeded 70 make the election, voting by
States in the manner prescribed by the
constitution, as pursued in the election OF
John Q. Adams. This contingency, like
the first, never presented itself. Both
failing, any attempt on the part Of Mr..
Tilden to seize the Presidency by VIC.
Ience would have been the work not of
statesman, but OF q brigand.
Courage Is too common q virtue among
Americans for anyone TO make boast Of
1t, and the lack OF courage Is quite too rare
TO explain the conduct Of any body OF rep.
resentatiye Americans. Atthe same time
there Is no doubt that il there was any
place where q special display Of heroism
could have been displayed 70 advantage,
or could have prevented the defeat OF the
popular choice and installed the elect OF
the people in the Presidential chair, that
place was the floor Of Congress. Isuppose
| say nothing which any Democratic mem. |
Der OF that Congress will dispute when |
say that it was through fear that the Sen.
ate would lead q resistance 10 the righlful /
Judgment OF the house, and that President
Grant would sustain this revolutionary
policy with the army and navy, and with
the militia OF the great States in which the
Republicans had possession OF the State
governments, that deferred the House OF |
Representatives from the assertion Of It's
rights, and induced its vote for and acqui.
escence in the electoral commission.
"But without specializing further upon
the causes or motive for such vote and
acquiesence, the facts are beyond dispute.
The house OF representatives did not elect
Mr.. Tilden in the manner prescribed by
the constitution or in any other way. On
the other hand, 1t did concur with the
Senate in anticipating and preventing the
contingency in which II might have had to
act; II also assisted In providing before
hand an expedient which incapacitated It
for repairing the consequences Of failure
an election by the colleges. 1t adopted
the electoral law and went although all the
forms OF the electoral scheme. True, IL
afterward rebuked itself by passing a
declaratory resolution condemning the
electoral commission and asserting that
Mr.. Tilden had been the choice Of the peo-
pie, but the constitution had not provided
that any man should or could take office
as President on declaratory resolution OF
either house OF Congress. lfthat resolution
could have abrogated the electoral law
which the house had helped enact, II
would still have furnished Mr.. Tilden with
no warrant Of authority for taking the