Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-02-11
Written for The Evening Star.
COUNTING THE ELECTORAL VOTE.

Lessons OF 1875 That still Remain Cnhood0d.
On Wednesday last the Senate and House in
Joint session opened and counted the returns
received from the several states Of thu votes
given by the state electors for President and
Vice President Of the United States. They
found without shy question that Grover Glove
land and A z Stevenson had rscsived ma
jority Of the votes cast and they were declared
duly elected to the respective offices. The
count and declaration created no ripple OF ex-
element and for the next four years there can
hardly be any question as to the rightful occu-
pant Of the White House.
Sixteen years ago, however. the same hall Of
Representatives witnessed a scene in determin-
ing the successor to President Grant which,
perhaps. tested the character Of our govern
ment quite as much as did the civil war. Within
that time new generation has arisen and of
the generation then existing many seem to
have but vague idea Of the points at Issue in
that memorable controversy. No steps have
since been taken to avoid like trouble aud there
should be In The heart of even the most intense
republican only abundant thankfulness that
Grover Cleveland had An unquestioned majority
In the electoral college, if any majority at all.
THE CONTEST OF 70
The contest Of sixteen years ago is memora-
BILE not only by the novelty Of the questions at
sides in maneuvcring for position and from the
herceness Of the onslaught in the final en-
counter
The election Of the members Of the electoral
college took place November 8, 1876, the candi-
dates being rutherford B. Hayes, republican.
and samuel J. Tilden. democrat. The contest
developed no unusual excitement, and a. the
returns were published on the evening Of elec-
ton day 1t was generally conceded that Mr..
Tilden was elected
The electoral college numbered 800, requiring
185 votes to elect.
South Carolina and Florida had gone republi-
can there would be just enough votes to elect
Mr.. Hayes, and about noon Zachariah Chandler,
the chairman of the republican committee. tele-
graphed to Washington the memorable dis
patch: Hayes has 1875 votes and is elected"
Immediately all eyes were strained toward the
south and twisting statesmen Of both parties.
not content to smell the battle from affair." visited
those states to look after their respective inter-
ests. loss OF one vote anywhere in the Union
to the republicans would throw the election
into the House Of Representatives, which &C
ton was equivalent to the election OF Mr.. Til
den.
While every state could elect or appoint its
members OF the college in any way preferred
there was law OF Congress prohibiting any
one holding a federal Office from becoming
such member. In number of instances this
the states also no provision was made for filling
any vacancy in the college which might occur
subsequent to the election and previous to the
casting Of the electoral vote.
sThe friends Of Mr.. Tilden had the whole
country from which to gain a needed elector
or. what WAS the same to them, stop one vote
which would be given to Mr.. Hayes.
The returns Of the electoral votes vore re-
quiz ed by law to be delivered to the President
OF the Senate who at that time WAS Senator
Ferry OF Michigan, stalwart and courageous
republican. The Constitution required that
these returns should be opened and counted
in the presence of both houses. but no law,
regulation or precedent declared who, in case
Of returns of disputed validity or in case of two
sets from any state, should decide which ones
should be opened and counted. Usually the
opening and counting bad been done by tellers
appointed by both houses, but in one this
had been done by the President Of the Senate.
But in all cases the returns had been unques-
toned and the action Of counting purely
ministerial.
In any event Mr. Ferry was the lawful Gus
todian of the votes. and in the absence of any
law to the contrary he could, in case Of two sets
of returns, select for himself which should be
"opened and counted, )" or who could do it for
him.
THE QUESTION BEFORE CONGRESS-
In this state of affairs Congress assembled in
December The canvass of the votes in the
three disputed southern states had not been
completed, but it was known that in two Of
them at least two sets of returns would be sent
in. one declaring the entire vote for Hayes, the
other for Tilden. The political excitement rose
to fever heat and only conservative action would
prevent a revolution to which the rebellion
recently suppressed would have been insignifi-
cant in its bloody results.
With the political machinery in the hands Of
the republicans in the contrasting states Of the
south and with a staunch republican to receive
and perhaps count the returns in Congress. the
friends OF Mr.. Tilden recognized their disad-
vantage in the contest and looked about for re-
lief. The House was democratic. the Senate re-
publican. consequently no extreme partisan
measure could be expected from Congress, but
eventually joint committee Of both houses
reported IA bill which became q law January 20,
1876. almost entirely BY democratic votes. In
substance the act provided for commission of
five Senators and five Representatives to be So
lected by the respective houses. and five judges
Of the Supreme Court, the oldest in the service
to whom should be referred all questions aris-
ing in the controversy, the matter to be settled
by majority vote unless rejected by the subse-
quently affirmative action OF both houses, an
event not likely to occur.
THE ELECTORAL COMMISSION.
The Senate members Of the commission would
naturally consist Of three republicans and two
democrats, the House members OF two demo-
Gratis and three republicans, thus politically
neutralizing the power Of Congress in the pro-
posed commission. OF the Supreme Court two
members could be democrats, two republicans
and the fifth would be Justice Davis, who had
been a staunch republican and personal friend
Of Mr.. Lincoln during the war. but who had
gone over to the support Of Mr.. Greeley in 1872
and had since then acted mainly ON political
issues with the democratic party.
The net result of this complicated and novel
machine for counting the electoral vote. there
fore, in case Of political division, was to give
to Justice Davis, instead of to Senator Ferry,
power to determine which of two sets of cleo
toral votes should be counted. This was the
goal the democrats sought, and whatever ad-
vantage they gained it was q clear gift to them
by the republicans concession made in the
interest Of peace by tho republicans in the
Senate.
The commission was to meet on the first
Thursday Of February, 1877, and the count TO
then begin. Meanwhile a senatorial contest
was waging in Illinois, and the republicans.
despairing Of electinS their candidate. John A.
Logan, united their forces on Justice Davis and
elected him U. s. Senator by a majority of one
Mr.. Davis Immediately resigned from the
bench, and under the provisions Of the electoral
college act Justice Bradley, jealous republic
can, took his place on the commission. What
ever gain Of the democrats had anticipated
originally was now lost, and politically they
were little, If any, better off than with Senator
Ferry as arbiter. There was, however, hope
that in some way something might turn up to
their adyanta0a hefora tina count should- he