The sun., 1895-05-19

double certificates should be considered not by
the commission. but By the Houses separately.
and unless sustained by both should be OF
no effect. The BILL after sharp debate in
both Houses. passed tho Senate Jan. 25 and the
House Of Representatives Jan. 20. 1877. In the
former chamber the Republicans voted "a yeas
TO 10 Nays and the Democrats 23 yeas to nay;
in the popular chamber the Democrats voted
1853 yeas TO 1s nays, and the Republicans 33
yeas to os nays Obviously, therefore. the Elec-
toral Commission must be regarded rs In Its
inception and authorization, n Democratic
measure Had It not been sanctioned by the
Democrats IT could never have been created.
Mr.. Bigelow does not profess to be able to cx-
plain satisfactorily how 80 vast n preponder-
ance OF the Democrats In Congress were induced
to supersede tho constitutional machinery for
counting the electoral votes bv device not
only unknown to the Constitution, but, in all Its
important bearings. inconsistent with it, He
suggests that some may have yielded through
ignorance, some for want OF reflection, some TO
quiet the controversy. about the result of which
they were Indifferent or apprehensive; somo
TO serve private ends at home that seemed
to them more important than the Presi-
dental issue. while, upon others, many.
II not all. OF these considerations may
have exercised concurrent influence.
It Is pointed out MS having been unfortunate for
ocrntic aspirants for the Presidency; tho two
Democratic Senators on the committee who
negotiated the surrender to the Republicans
had been strenuous competitors for that honor
before the Convention which nominated Mr..
Tilden. Nor was the House OF Representatives
lacking in Democratic candidates. who had not
been able to regard with satisfaction the
triumph OF a statesman who had not been In the
least indebted TO Congress for his nomination.
nor much for his success at the ballot box.
Then. again. there were perhaps not n few who
indulged the expectation that the proposed tri-
bunal would elect their candidate. and such a
result was to them of more concern than the
means BY which 1t was accomplished. The latter
class was recruited largely from among those
who assumed that Senator Davis OF 1llinois.who
then occupied n seat on the bench Of the Su-
preme Court, would be selected as the fifth
member from that bench: and OF his chnrac-
ter enough was known to quench any suspicions
Of his lending support to the unconstitutional
and fraudulent practices upon which he would
have to sit in judgment Mr.. Bigelow reminds
us that those who were scduced by this aleatory
device were rewarded as they deserved. Just
as the Electoral Commission bill became a law.
the independent Republicans and Democrats
in tho Illinois Legislature elected Judge Davis
to the United States Senate. This afforded
him an excuse of which he availed him
self with alacrity, to decline the proffered
place on the Commission, and gave to the four
Judges. two selected from each party, the choice
OF the fifth. which resulted in the selection OF
Justice Bradley, a New Jersey Republican. and
in leaving tho rival candidates entirely at the
mercy of the Republican party. The bioEra-
piers comment on the composition of the Com
mission Is that, by whatever motive the repre-
sentatives of tho people in the lower House had
been governed, by whatever temptation &C.
duced. It was now but too evident that those rep
resentatives had ine1cusably abandoned their
coign of vantage and shirked the most solemn
and momentous Of all their official responsible
ties, only In q few short weeks to be marched
through the Caudine Forks and take their seats
of humiliation before tho inexorable tribunal
of history.
Nv.
1t is pronounced hardly noedful to say that
Mr.. Tilden was too for sighted and experienced
a statesman to approve Of discharRing any con-
etitutional duties by any but constitutional
methods. AS soon the action Of the Returning
Boards furnished suitable provocation for his
interference. he urged his friends among the
leaders OF the House Of Representatives to ex-
pose and combat in debate the threatened un-
warrantAble usurpation by the President Of the
Senate of the right to count the votes, and to
take further steps until In both Houses the
great but pacific, constitutional battle had been
fought on that issue. Mr.. T,lden. for his part.
was readv to accent all re.popsibility for
the outcome. He assured his Democratic friends
in Washington that. II properly resisted, the
con.piracy TO nullify the will of the
people must break down: that II must not be
encouraged by the least symptom OF conces-
sion. but fought inch by inch on the floors Of
Congress- until the real character of the pro-
posed usurpatiop should bee known through
ont the country. and the nations opinion of Il
should reach Washington, Early In the session
he prepared two resolutions which raised the
issue upon which he wished the battle to be
fought: these, with some slight modification
that received his approval were adopted by the
proper committee and reported to the House.
The resolutions were to this effect: That the
Constitution docs not confer upon the President
of the Senate the power to examine and ascer-
thin the votes to be counted az tho votes
for President and yice-Prcsident of the United
States: that the only power which the Constitu-
tton confers upon the President of the Senate in