Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1881-01-12
PLAYING WITH FIRE.

The proceedings of the first week of
the session of Congress show that un-
less public opinion compels some effec-
tive legislative action, every Presi-
Dental election will bring the country
to the verge of anarchy. There is no
question in any quarter of the result
of the late election One certificate
only will be sent from each State.
There is no dispute. Everybody
agrees. But because of point OF
form for which the Constitution makes
no provision, there are threatenings
and mutterings of dead lock and a
failure to complete the election. 1t is
a national disgrace that this situation,
at once pitiful and perilous, should re-
cur with every Presidential election.
1t impeaches both American patriotism
and American commonsense. The
responsibility and the shame rest
equally upon both parties upon the
Republican, that during their long as
tendency in Congress they did not
place proper law upon the statute
book; and upon the Democratic, that,
after the startling alarm Of the dispute
of 1876, they have proposed nothing
but the partisan trick of the Morgan
resolution. The debate of the first
week in the House wa upon that res
olution, which provides in effect that
either House of Congress can throw
out the electoral vote Of State. This
reduces the Presidential election to the
will of party majority in the Senate
or House of Representatives, and the
Republicans have done wisely in op-
posing it. Under the Morgan bill as
it stands, if an objection should be
made, during the count, to any elector
returned from the State of New York,
for instance, or to oil the thirty-five
electors, the Convention OF the two
Houses would separate, five minutes
would be allowed for debate, and upon
the re-assembling, if either House sus-
tanned the objection, the vote would
be rejected Rather than such pre-
posterous trick as this it would be very
much better to abolish popular Presi-
Dental elections altogether, and au-
thorize the House of Representatives
to elect the President.
In the debate, the Democrats. taking
advantage Of the want Of definite pro-
Visions in the Constitution for deciding
between several certificates from a
State, and for counting the vote, en-
deavorcd to force the Republicans in
to the position of asserting that it is
the right of the Vice-President to de-
eide what certificates to open, and to
count the vote. This would be tech
nically to assert that purely minis
ter;al officer might exercise the most
vital judic al functions, and in effect to
claim that the Vice-Prcsident might
elect the President. The Democrats
did succeed in driving Mr.. Robeson to
allege that the Vice-President must
decide himself the questions which
govern his ministerial action He
quoted Chancellor Kent as saying that
in the absence of proper Legislative
provision, the ministerial action must
stand as the only thing to determine
the question. Mr.. Robeson admitted
that it was a great wrong and shame
that such provision is not madc-an
omission which, he said, impeaches the
patriotism, judgment, and statesman
ship of Congress. The assumption OF
this vital power by the vice-President,
however, IL no more tolerable than its
assumption by Congress. To claim
for him quasi judicial power er ne
cessitate is as unpermissible and not so
reasonable as to claim the same power
for Congress. If TWO electoral ccr-
tificates should be sent from State,
and the selection between them is to
be intrusted to Congress or TO the Vice.
President, there is no doubt which IL
the proper depostary of the trust. But
in fact the Constitution intrusts the
decision to neither. IL does not con-
template disputed certificates. 1t pro-
vides merely how certificates shall be
prepared and transmitted, and then
1.-THE President of the Senate shall. in
presence Of the Senate and House OF
Representatives, open oil the certili'
Gates, and the votes shall thcn be
counted.n That IN all And IL il inn
possible to extort from this direction
the authority either for the Senate and
House. or for the President of the
Senate. to decide which Of two or
more certificates from any State to
open. If there be no dispute, the way
il clear. The President Of the Senate
is TO open oil the certificates, and IL Is
perfectly Indifferent who counts the
votes This fact makes the folly OF
the Democratic insistence upon the
Morgan rule so long as they deny the
right of the President Of the Senate.
For while they properly deny to him
power not granted. they claim a
power not granted for one House Of
Congress
The Democratic menace that il their
theory of procedure in case upon
which the Constitution IN silent should
not be accepted. tho majority of the
House would stop the government, by
refusing 10 be present Mt the count
does not help the matter. II would
merely produce anarchy by raising the
question whether tho members who
should refuse do not violate the Consti
tuition, and whether those who should
attend would not compose tho House
in The Sepee ,qf we ,QpaTituIp9 Jp