Year: 1879

The Washington correspondent of the
Cincinnati Gazette directs timely atten-
ton to the designs of the Democratic
managers in regard TO the count of the
next Electoral vote for President. He
| says that, in spite of the serious errors
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, "there
is still an air of confidence of ultimate
success in obtaining possession of the
Government in 1880" They are rep
resented rs consoling themselves for
every set-b back with the remark that
"next time we have the counting of
the Electoral vote"


The manner of counting the Electoral
vote at the next election still remains
to be determined. There is no law nor
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 scrutinizing 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 for
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 partisan advantage of the sit
uation is evident from various circum-
stances. (D 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 purpose
to manipulate it as they please. (D A
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:


q. 4.
any State as to the appointment or eligibility
of Electors, the same may be passed upon by
its highest judicial tribunal, in accordance
with It's laws; the decision thereof shall be
certified by such tribunal, and shall be by it
transmitted sealed to the seat of Government
of the United states, directed to the Presi-
dent of the Senate.


SEC. 8. 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
officer. Two tellers shall be previously ap-
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
tidcates of the Electoral votes the votes shall
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
controversy as to the appointment or cligi-
bility of Electors, the decision thereof by It's
highest judicial tribunal shall be conclusive,
and the vote shall be counted in accordance
Herewith, unless reversed by both Houses;
and II there be more than one judicial deci-
sion, each purporting to be by the highest
court of the same State, the decision held by
both Houses to be that of the lawful trlbu-
nal shall be conclusive, unless reversed by
both Houses.


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 Democratic Committee and offered
for the consideration of 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 adjudicated be-
| tween contested Electors. The Demo-
Gratis will not go to the length of sacri-
iicing their pet doctrine without seri-
Gus purpose to gain decided party ad-
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
extraordinary partisan power it cenfers
is defended on the ground that the


concurrent action of the two Houses of
] C......uo... ....o... n,,nL n n1,na1inn if not