The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1888-12-29

8uu, ANtW tuIh anu NCim NhNsS theahs
that South Carolina maintained that prao-
tice till the beginning OF the war, and yet no
stats had provided for the decision OF an
contest He further showed that the method
OF counting the vote had been changed so
frequently and in some instances exercised
SO arbitrarily that the precedents were OF no
value and that IL must be held as casus
omissus In the constitution, pointing out
that, IN .101 John Adams, rs vice president,
opened the votes which made him PRESIDENT
that in 1901 Jefferson did the same in 1921
Vice President Tompkins the same, in 1897
Mr. Van Buren, the same, and in 1911 Richard
NJ johnson, as vice president, counted the
votes for his reelection 10 that office as
against Mr.. Tyler, while in 1861 Mr. Breckin
ridge counted the votes for himself as a
candidate for the presidency.
Therefore" said Mr. Morton, "it is clear
that the trainers of the constitution did not
'ntemplate that the president of the senate
should exercise any discretionary or judicial
powers III determining between the votes Of
two sets of electors or upon the validity or
sutllciency of the record of the votes of the
electors in any state but that he should per
form the ministerial act of seeing the two
houses We're witnesses and to make record"
This and similar declarations on that side OF
the house returned TO plague the inventors u
few years later.
Senator Morton next proposed a radical
reform. Preferring that the people should
elect by popular vote, but admitting that 1t
was impracticable, he proposed to come as
near as possible 10 it by dividing each state
into as many districts as it had electoral
rho panpla chAncinu fhau do
bers of congress. If there was failure to
choose "A majority then the senate and house
were to sit in joint convention, each member
having one vote, 50 that their plumber would
be just equivalent to the number of electors
in the college.
Early in 1875 Senator Edmunds, Of Yer
mont, introduced his much disputed bill,
which passed the senate, but was not acted
upon in the house. Its main provision was
that the houses should separate and debate on
any disputed return, but the vote of any
state should not be rejected unless both
houses agreed thereto, thus reversing joint
rule ~. Further, that if there were two
returns from one state, only that should he
counted on which both houses agreed; if they
did not agree, neither vote should be counted.
All this has been obviated by the act of 1887,
making the state courts the final judges.
In 1876 there were lS4 uncontested electoral
votes for Samuel j Tilden, Democrat, l65
uncontested votes for Rutherford b. HAYES,
Republican, and twenty in dispute viz. The
eight of Louisiana, the seven of South Caro-
lima, the four of Florida, and one of the three
of Oregon And this last furnished the only
CLEAN of comedy that lghtened the gloom of
that winter of anxiety and discomfort The
Republicans cast an unquestioned ajority
of the popular vote in Oregon, but as one of
their candidates for elector was postmaster
and therefore ineligible, Governor Grover Of
that state, issued the certificate to his Demo
cratic opponent Mr.. Cronin. The net result
was national laugh, a deal of bad poetry,
and many execrable jokes about "Cronn's
| nose.n
In the three southern states III dispute ex-
traordnary powers had been conferred on
returning boards In canvassing the votes
and making the final count they were author
lied to throw out" the votes of any pre-
cincts where there had been fraud or terror
ism, and this power they exercised SO lib.
orally us TO reverse the result first apparent
on the face of the returns
Fer three months papers and people dis
puted the matter.
At first the Republicans claimed the right
OF the vice president To decide between the
disputed returns, and the Democrats insisted
upon the power of the house to reject the
vote Of state; but both claims were
soon seen to be untenable. As the twenty
second JOINT rule had not been re-
adopted by this congress-, it was held
TO be not in force; and thus there was no rule
binding congress, and neither law nor prece-
dent To fit the case. At various times during
the long and heated debate it was proposed
that the matter should be determined by lot,
that the president of the senate should serve
as chief executive till a new election could
be held that there should be compromise,
one party taking the presidency and the other
the vice presidency, and that tho decision
should be submitted to the supreme court of
the United States But, at the last inmate
almost the two houses agreed upon the cele
brated electoral commission.
For this body the senate chose Messrs. Ed
munds, Morton and Frelinghuysen, Repub-
licans, and Messrs. Bayard and Thurman,
Democrats, the house chose Messrs Payne,
Hunton and Abbott, Democrats, and Messrs.
Garfield and Hoar, Republicans, five of each
party ne supreme court appointed from
its membership Associate Justices Clifford,
Strong, Miller and Field, two of each party,
who were supposed to act impartially." All
then depended on the fifteenth man, the
member of the supreme court to be chosen by
these four. They made no secret of the fact
they preferred Justice David Davis of Hi
nois, and such had been the general expecta.
ton when the commission was provided for;
but on the very day the bill passed congress
he was elected United States senator by the
legislature Of Illinois, and tho four judges of
necessity chose Associate Justice Joseph T.
Bradley
Much was said Of the lofty impartialty
with which such a commission OF statesmen
and eminent judges would act. The outcome
was interesting. On every vital issue the
division stood eight 10 seven" Every dis
puted vote was awarded TO Mr.. Hayes, and
so the final count was declared TO be: For T.
B. Hayes, lS5, for S. J. Tildcn, l5i
As fitting sequel to this curious chapter
of our history President Hayes soon with
drew the Federal troops from Columbia and
New Orleans; several colorcd members in
each legislature were persuaded TO 90 over to
the rival legislatures; these bodies, being
thus Democratic, straightway reversed the
decision Of the returning boards, and the
state governments were declared Democratic
l.. i -.