New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-26

GETTING ABOUND TIE CONSTITUTION.
The pending scheme for counting the electoral
votes is virtually an attempt to sweep away Dy
act of Congress a most important series OF con
stitutional provisions. The trainers OF the
Constitution took extreme pains to remove the
choice of President from what they regarded as
the danger of direct popular rivalreS, and to
intrust it 10 the guardianship OF the lnhividLal
States The States, acting as separate poItcai
ORGANIZATIONS. are to control every stage OF the
nrocess. Tho States are to appoint the boards
of ,ctors. each in the way it judges best; they
may dispense with any popular vote, and some
of them formerly did so. The electors receive
their credentials from the State officers; they
cast their votes at the State capitals under STATE
protection; they transmit certificates of the
result to the President of that branch of Con-
gress which represents the authority OF the
States as distinguished from the authority OF
the people If no candidate have received
sufficient number of electoral votes, the choice
is RENTED to the House of representatives
but in this provision the Constitution, instead
of falling back upon popular suffrage, demon
strates even more clearly than i'll any OF the
preceding arrangements the intention of giving
the last word to the indy idual States. For in
choosing n President when the electors have
failed, each State, whatever the number OF Its
representatives casts q single vote the great
Commonwealth of New-GoIk stands on an
EQUALITY with the pockct-Sta of Delaware As
Judge Story says: The primary election Is IN
effect surrendered to the large States, and If
@that fails then it is surrendered to the small
States"
The new scheme nullitics these safeguards 10y
empowering the House of Representatives to
intervene at a certain stage of the proceedings,
set aside the votes of the electors, and decide
the choice of a Federal Executive by direct
minority vote of Congress, without any refer
ence to the States. First it tempts partisan
majority in the House TO raise objections to an
electoral VOTE and then it empowers the same
partisan majority to decide forthwith upon the
validity OF its own objections. To imagine that
such "A power will not be abused shows n child
Ike ignorance Of human nature. In the contest
of 1877, besides the great dispute over the
Florida and Louisiana certificates, great
number of frivolous and obviously dishonest
objections were raised by the House and passed
upon by the Electoral Commission and the
country will not soon forget how persons stand
ing very close to the defeated Democratic
candidate actually hired a political adventurer
TO get W a fictitious electoral college in State
where the popular vote was not even disputed.
Any one of these tricks would have secured the
Presidency in 1877 if the present plan had been
in force, and any of them might be tried again.
The restraints of the Constitution have saved
us thus far from disorders TO which popular
governments are supposed to be peculiarly
liable Let US be careful how we set them
aside. Providence has guaranteed no special
immunity to the United States from disasters
which have overthrow other republics and 1t
Is hard to imagine more dangerous expert
ment than empowering a popular majority in
Congress to annul the constitutional choice of
the States for the chief executive office.