Year: 1876

Fifty years ago, when the Republic was but
half century old, Mr.. Kent, with unbiased
opinion, said:


The mode Of appointing President presented
tions that occupied the deliberations Of the as
sembly which framed the Constitution, and if
ever the tranquility Of this nation is to be dis
for power, It will be upon this very subject Of the
choice Of President. This Is the question that is
eventually 70 test the goodness and try the
strength OF the Constitution, and If we shall be
able for half q century hereafter 10 continue to
elect the Chief Magistrate Of the Union with dis
doubtediy stamp the highest value on our ma
tional character and recommend our republican
institutions, If not to the imitation yet certainly
to the esteem and admiration Of the more en-
lghteDed part Of mankind.


The half century of which he spoke has Just
passed away and we find two great political
parties struggling for the mastery over one
electoral vote. As he suggested, the question
Of the Presidency IS disturbing the tranquility
of the nation, and the liberties of the people
are endangered by..s struggle for power. The
time has come in which to test the goodness
and try the strength Of the Constitution, and
in which to prove that our national character
has value that will be esteemed and must be
respected at home and abroad. This question
Is to be settled by triumph of constitutional
law and respect for historical precedents. 1t
Is to be settled by bold and determined action
on the part of the Republican Senate in fol-
lowing the spirit Of the Constitution and con-
forming to established precedents. 1t is to be
settled by the President of the Senate, in the
presence of the two Houses, counting and de-
claring the electoral votes in the same spirit
and in the same manner as the vote has been
ptad o1 aFa 70
On this subject Mr.. Kent says: Tin the case
Of Questionable votes and a closely contested
election, the power of counting the electoral
votes may be all important, and l presume in
the absence Of all legislative provision on
the subject the President OF the Senate
counts the votes and determines the result,
and that the Houses are present only
as spectators, and act only if no
choice be made by the electors" These are
the words of an unprejudiced and unbiased
mind, which was looking to.the interests of
the nation, and not to the partisan interests
of any political organization. Similar opin-
ions have been rendered by Marshall, Jeffer-
son and Writ, and the counsels OF these men
regarding the counting of the electoral vote
have been followed since they were expressed
as the only wise and safe course to pursue.
But at this juncture, when our country is
shaken with political complications, we find
men willing to rush into greater and more
dangerous complexities by attempting to Sc
cure some new mode Of counting the electoral
vote that will be satisfactory to both par
ties" Two great parties, with q wide diver
sity of opinion and different policies, plans and
tendencies, cannot and will not be satisfied in
times such as the present. In fact, it is dan
gerous to attempt to secure general satisfsc-
tion by changing established custom, and
ignoring constitutional law and precedents.
Safety lies only in following scrupulously the
spirit of the Constitution and the forms of
established law. Any other course is beset
with dangers which may destroy the peace Of
the country and demolish national unity.