The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-01-04
counting the vote for President.


discussion. both in private circles anu 10
the press, OF the question whether the Vo'e
Of that state should be counted or not. 10
cidental,y, therefore, the troubles )me ques-
tlon rs to the righa Of the President OF the
Senate to count ali the votes for President
and Vice President Of the United States
has also come up for discussion; aud IN tue
TWO henses Of Congress both questions must
soon come up for decision. II tue freS''
dent of the Senate has the right to count
The vote In the sense OF deciding when OF
two sets OF votes sent up from one STATE
shall be counted, then the President OF tue
Senate had the power in 1877 TO count out
Mr.. TupgN and count in Mr. HAYES, ana
has the right now TO count or 10 rduSe ~
count the vote OF Georgia. senators Ed
MINDS and CONXLING-ihe foremost men III
the Republican party, the former as q con-
sti;uiional lawyer and the latter as an ora
Tor and general debater-both strenuouSy
contcuded in 1877 that no such power was
possessed by that officer.
|; is difficult question Ia decide whether
the vote Of Georgia ought 10 be counted or
not. Certainly il would he in some respects
bad precedent. 1t would tend to make
the States careless as TO whether they voted
upon the day fixed by law or not. 1t would
do more: il would encourage them to DEFY
the laws OF The United States, especially Ia
the matter OF elccting presidents, and would
he a sort Of license Of eXtra.lawiu proceed
ines. Il would almost authorize Stale
New York, for insrancc-tO wait until all
the other States had voted and then "put
her vote where 1t would do the most GOOD
Ii would encourage the States TO think that
they might even fai! to cast their popular
vote on the Tuesday after the first Monday
in November; for II it is not important for
the electors chosen on that day to cast their
vote on the day fixed by law for that pur-
pose, it cannot be important for the people
TO vote on any particular day.
On the other hand, il would never do 10
allow the candidate OF The minority 10 take
the presidential chair simply because one or
more Of the States which had east their
popular vote for the candidate OF The major.
iiy had failed to compel the electors 10
meet and complete The act thus begun by the
people. II, for example, the vote Of Geor-
gia would this year elect HANCOCK, the PEP
ple Of the United States would be apt, aS
Nj. EDMUNDs, quoting Mr.. LINCOLN, said
the other day in the Senate, 10 see that the
chosen man was "set up" 1t can hardly
be imagined that they would allow Mr..
ol- tfstcn lql nah
cumstauceS. In England the attempt thus
10 sti1e the popular voice would cause a
revolution, ii we may Judge from the com
motion that wa, once. CccisiOned in that
. country by the exclusion Of a single mem
Der Of Plriament-Mr. WILKES.
Mr.. EDMUNDs made remark on The 22d
December last on another point, which
which would be quite a applicable to the
case Of the attempt to exclude the vote Of
Georgia because it. was not cast on The first
Wednesday in December. He said:
land | wish to add that think,
whether the House OF Representatives
agrees with the Senate 10 meet here or else
where, il there be any constitutional power
10 compel the president OF the Senate 10 20
1 say nothing nOwl or not, when the day
fixed by law comes | have no doubt the
votes will be constilutioDally opened aud
that some constitutional count, il 4 count
be cOnsttutionally necessary, viii be made
and the person who appears from those
votes from States TO have a majority. quail
fed rs the Constitution qualities it, will be
the President, for the Constitution says that
ne shall be, and he will be-"
This has been construed 10 be q threat.
Whether it was 50 intended or not, il eX.
presses pretty clearly the idea that the man
who is elected President OF the Uuited
States win he "Set up whether in his
election all the ferns of law are complied
with or not. Mr.. EDMUNDs'S point was
that although the two houses of Congress
might adopt a set Of rules for counting tie
vote, vet the failure to comply with the re-.
Quirements Of those rules would not invali-
date Mr.. GARFIELD's title to the Presidency.
III not, 81 course the mere failure Of State
to cast its vote on the first Wednesday in
December would not inyalidatc another
mans title.
H. however. the vote OF a State is ever to
be- left oct OF the count because of her
laches, now Is The time to do it, when the
vote Of Georgia will not change the resul,
whether cast for the one candidate or the
other, and CT course when il that vote be
omitted altogether be same man will be
elected President If the United States.
Some twenty years ago the vote of Wis
cOnsin was counted though cast upon a day
different Fl ON bat fixed by law. A Repub-
lican journal now before us argues that in
asmuch as a deep snow caused the vote to
be thus east, the case was very different
one from that OF Georgia OF this year. But
we cannot admit the argument to be sound
The pleas Of high water, and deep SHOWS.
and too cold weather, and impassable roads,
aud railroad or steamboat accidents, are all
Of equal dignity and entitled to the same
respect. IL it was right to receive the vote
Of Wisconsin in 1857, it will be right to re-
celye the vote Of Georgia in 1881.
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Notice Served on Conkling.
We said last week that we could not I'M
dprS'apl hOU Mr. PIAINp could po into fbe |