Year: 1879

eiou W tuc ucSiSHS VI tuc DcluOCIoli'


managers in regard to the count of the


next Electoral vote for President. HI
says that, in spite of the serious error.
that have been made and are admitted


by the Democrats, and in spite of the


defeats they have encountered in all Of


the Northern States this fall, "thert


is still an air of confidence of ultimate


success in obtaining possession of the


Government in 1890" They are rep


resented as consoling themselves fol


every setback with the remark thai


"next time we have the counting Of


the Electoral vote."s a.s -a


The manner of counting the Electoral


vote at the next election still remains


to be determined. There is no law mol


joint rule which provides for it. The


situation is precisely the same as it was


when the controversy arose over the


last election, with the important differ.
ence that both Houses of Congress are


now under control of the Democrats


whereas the Senate was Republican and
the House Democratic in 1876. The
division of the two Houses between the
two contesting parties at that time led
up to the appointment of separate
tribunal for scrutiDizing the returns and
to predetermined agreement to abide


by the decision of that tribunal. The
absolute control of both Houses being
now in the hands of one party, there is
serious danger that some scheme fol
counting the Electoral vote will be
adopted that will enable the partisan
majority to count or reject to suit the
necessities of their own candidate.


There is no doubt that the matter
rests with Congress. The Constitu-
tional provision is that "The President
of the Senate shall, in the presence OF
the Senate and House of Representa-
tives, open all the certificates, and the
Uotes shall then be counted" How they
shall be counted is for Congress to de-
termine, under the general authority of
the Constitution to make all laws ne
cessary for carrying out the mandates
of the Constitution. That was what
made the temporary Electoral law of
1877 constitutional and valid under
which the Hayes votes were counted,
and the same condition will enable the
present Congress to determine how the
next Electoral vote shall be counted.


That the present Congress is disposed
to take a partisan advantage of the sit
uation is evident from various circum-
stances. OD The Democrats have not
been willing to give any attention to
propositions for reforming the plan for
electing the President, though the un-
certainty, confusion, and danger incl
dent to the present system is generally
admitted. (2) They are making des-
perate efforts to reopen certain con-
tests for seats in Congress which have
already been definitely awarded to Re-
publicans, in order that they may SUBJ
stitute Democrats, and thus assure their
partisan majority beyond peradventure.
(3) The confidence with which they
look forward to the count in spite of all
their reverses is indicative of a purpose
to manipulate it as they please. (D A
project for law on this subject
was brought forward in the ex-
ira session, which, if passed,
will enable the Democratic major
ity in both Houses to count just such
votes as they see fit to count, and reject
any that they do not choose to count.


The purport of the proposed law is
set forth in the two following sections:


SEC. Z. II there shall be controversy in
any State as to the appointment or eligibility
of Electors, the same may be passed upon by
its highest judicial tribunal, in accordance
with its laws; the decision thereof shall be
certified by such tribunal, and shall bs by 1t
transmitted sealed to the seat of Government
of the United States, directed to the Presi-
dent of the Senate.


SEC, Congress shall be In session on the
second Monday in February succeeding every
meeting of the Electors. The Senate and
House of Representatives shall meet in the
hall of the House of Representatives at one
O'Clock post meridian, on that day; the Presi-
dent of the Senate shall be their presiding
81. l.oI - Ill
pointed on the part of the Senate, and two on
the part of the House of Representatives. The
President of the Senate shall then open all the
certificates and papers purporting to be GER
then be counted by the two Houses of Con-
gress in the alphabetical order of the States,
as certified by the Electors, unless rejected by
both Houses; but II in any State there be
bility of Electors, the decision thereof by its
highest judicial tribunal shall be conclusive.
and the vote shall be counted in accordance
Herewith, unless reversed by both Houses;
and If there be more than one judicial deci-
sion, each purporting to be by the highest
court of the same State, tho decision held by
both Houses to be that OF the lawful tr1bu-
nal shall be conclusive, unless reversed by
both Houses. H


Where there has been a controversy in any
State as aforesaid, and no such certified deci-
sion has been transmitted, or when two or
more such certified decisions have been trans
mitted, the contested votes from such State
shall not be counted, unless both Houses con-
cur therein. And IL there be several Electoral
certificates from any State, and no such judi
cial decision, the certificate held by both
Houses to be executed by the proper authority
shall be conclusive, unless rejected by both
Houses.


This bill was reported in the regular
way by the House Committee charged
with considering the best method for
ascertaining and declaring the result
of the elections for President and Vice
President; and it was probably due to
the indisposition to enter upon general
legislation and to the excitement over
the vetoes that no action was taken. 1t
will be observed that, though reported
by a Democratic Committee and offered
for the consideration of a Democratic
Congress, this bill abandons altogether
the theory of State-rights by vesting in
Congress absolutely the power to pass
final decision upon the Electors whom
the several States have appointed, since
the concurrence of the two Houses is
made potential, even in setting aside
the verdict of the highest State tribunal
when it shall have been adjudieated be-
tween contested Electors. The Demo-
Gratis will not go to the length of sacri-
ficing their pet doctrine without a seri-
Gus purpose to gain decided party adj
vantage by SO doing. Under the terms
of the proposed law the Democratic
majority in the two Houses of Congress
would have the power to throw out the
Electoral vote of New York or of Illi-
nois if it should be cast for the Repub-
lican candidate.


In the Committees report accompa-
nying the proposed Electoral law, the
partisan power it cenfers
is defended on the ground that /" the
action of the two Houses of
Congress upon such question, if not
always absolutely right, will always
the prevailing public opin-
ion, and Will. therefore, give gem
eral satisfaction" This might be
;f tho Elaat<,..al xz,t,