Year: 1877

\ Few Points of Aareement-The Constitu.

 tiOn IndehAtte--The House and the Sen.

 ate MHst Act Together--Compromise

 MeasSres.

 Correspondent New York Tfibune.l

 Reviewing the pregTess of the dispute about the Presidential succession. one finds that, although the two parties still face each other in an uncompromisine and rather defiant manner, some advance has nevertheless been made, since Con- gress met, toward settlement of the controversy. Each party has taken posi- tloD and intrenched itself behind what 1s believes to be it's rights. The claims of each are understood by the other. The strength and weakness of the positions thus taken are mutually comprehended. The possibilities and modes of compro- mise have been pretty fully canvassed. A good deal of angry partisan feeling has been displayed, but it was essential that this should find vent before the party leaders could get into frame of mind to consider the situation with calm ness. Certain points connected with the final determination of the great national dispute may be considered as settled, and in this lies all the progress that has ever been made These points are as follows:

 First: There is neither constitution, law, nor precedents any clear, undis- puted guide as to the power of Con- gress, or either branch of it, over the electoral vote. At the first election for President the presiding officer of the Senate both opened the certificates and counted the votes, with the approval too of all parties. Since then the counting has been done by tellers acting ministeri- ally, and the right of one house, or of both, to reject a vote has been disputed question. It was settled by the twenty second joint rule in 1865, but that rule grew out of an abnormal condition of afairs-the apprehension that the States In rebellion, after the election of 1864, would certify electoral votes for McClel- Ian to the president of the Senate. In no instance, however, was Q State regu- larly in the Union deprived of it's vote exceptin 1873, when Arkansas and Louisi- ana were thrown out because in each there were two conflicting State govern ments.

 Second The Democrats, while not holding that the twenty-second joint rule survives the refusal of the Senate to re- enact 1t, take ground squarely in favor of the right of the House of Representa- tives to reject the vote of any State, and many of them maintain that if, as the re- suit of throwing out one or more States. neither candidate has a majority of ali the electoral votes, then the House has a right to choose President.

 Third The Republicans deny both propositions. Some think the power to reject the vote of a State resides in the Senate, some that it can only be exer- cIsed jointly by both houses, some that either may exercise it, provided that both assent in advance, ns was done when the 3oint rule was adopted some believe that neither has any right or duty in the premises beyond witnessing the mere ministerial act of counting performed by the president of the Senate or by tell CTS but all are firm in the opinion that the House of Representative cannot act ludicialiy of its own motion. All appear to be equally agreed that if the right of rejection be conceded, the candidate hav- ing a majority after the sitting process IS completed Is elected without the in- Proposition of the House.

 Fourth Looking to the outcome of the imbrogEo, the Democrats base their hopes of success on being able to divide the Republican majority in the Senate. They think they have two chances to ac- compEsh this first, they will try the power of persuasion, and will present the action of the Louisiana returning beard in such light that the more con -servatiye Republican senators will not, they expect, longer defend it. With d majority in the Senate in favor of throw ing out Louisiana, the whole question n hn 1nI1 ther trouble. Failing in this, they will try to frighten the Republicans into sub- uniting to their claims In the event of success in this attempt, the practical solution of the difficulty would come also by defection among Republican sena- tors who would, it is thought, give way rather than see the peace of the country imperiled. That the Democratic leaders intend to resist by force the authority of Hayes in case he should be inaugurated l do not believe, but they will make loud threats of doing so.

 Fifth The Republicans intend to hold resolutely to the advantages the Constitution and the laws and the posses sion of the government give them. They will probably come together upon the theory of the Morton bill, that both houses, when acting in accord, can reject the vote of a State, and they may offer to submit the whole question as to the power of Congress in counting the vote to the supreme court, but they will go no further. If all efforts to secure har. many with the Democrats fail, they will anaintain that as the two houses cannot agree, it IS the duty of the president of the Senate to open the returns and count the votes in his placein the Senate cham Der. There is only one other way out of the difficulty, and that is to make no count, and let the fourth of March come without completing the forms of ascer- tanning the result of the election. If that course be resorted to as 8 comprom- 1se, then Sherman, Conkling or Morton will be President 0d interim for a year, and the country will be plunged into the agony of another campaign next fall. Business men of all parties protest against such a compromise. They insist that the politicians shall settle their quar- rel speedily and finally, and that the na- tlon shall have four years of rest before being harrassed again with the fierce con- fiict of parties. E.V,S. Gen. Buffers Explanation.