Year: 1876

have majority of one, they will be declared elected


Fourth: Can President Hayes be inaugurated IN
the face of the united opposition of the Democrats
in Congressi Beyond all question. Protests. reso-
lutions talk of fraud in the doubtful States, OF re-
ports of partisan committees of the House sent to
gather er parte testimony in Florida and Louisiana,
will avail nothing. The President elected in con-
formity with the provisions of the Constitution will
be installed in Office Opposition in the form OF
speeches and resolutions will be treated the ebul
ltiOns of defeated party. Opposition by force II
it arise and this is q contingency scarcely to be
thought of as possible would be stamped out as re-
bellion by the employment of all of the powers OF
the Government.


Fifth :. In case there should be no consummation
Of an election. This is a very remote and mproba-
bic contingency, but one may as well look all the
probabilities of the difficult situation squarely In
the face. Suppose that some revolutionary action
Of the Democrats should prevent the count OF the
vote in joint convention of the two Houses and the
declaration of the resut-what thenf Who would
be President until new election could be held
under the act of 1792-an interregnum of whole
yearl The Constitution is not explicit on this
point. The act of 1892 provides that in case of
removal DEATH resignation, inability both of the
President and Vice-President of the United States
the President of the Senate pro eapore, or if there
be no President of the Senate, then the Speaker OF
the House OF Representatives, for the time being
shall act as President of the United States until the
disability be removed or a President shall be
elected" THIS does not in terms the case, but
it does by implication. 1t is fair to suppose that the
trainers Of the law meant TO provide for vacancy
in the Offices of both President and VicePresident,
however they may occur and that in this
event the presiding officer of the Senate
would enter by right upon the duties of Chief Mags-
trate. am aware that no less eminent an authority
than Mr.. Caleb Cushing has given it as his opinion
that President Grant would hold over until his sue
cessor should be chosen but cannot see upon what
constitutional legal provision he bases this con-
cluson. President Grant, l have reason for know
ing does not entertain such an idea and is positive
that under no circumstances can his term of Office
be prolonged beyond March 4. 1t is not the first in
stance that he has shown more good sense than the
lawyers. The Constitution provides that the Presl-
dent shall hold his Office during the term OF touI
years. 1t does not add land until his successor
shall be qualified" as do the laws regulating the
tenure of other offices. The trainers OF the instrument
were wise enough to see that it would be danger
ous temptation to gnve a President perpetual lease
Of Office in case he could prevent the inauguration
of a successor Undoubtedly the presiding officer of
the Senate succeeds to the vacant place. To pre-
vent any question arising, however, and to provide
against any dangerous nterTegnum of even so short
time as a few minutes, President Grant could re-
sign on the Sd of March, and thus make case
clearly within the statute. That lie would do so If
seemed necessary to guard against the possibility
OF state of affairs that might lead to anarchy, there
is no doubt. The country may rely upon him to DO
what is wise and patriotic in any such an
emergency. Under the law of 1892 the Secretary OF
State would notify to the Governors of the States to
hold another election in November next, and the
President then chosen would be inaugurated March
4, 1878. need scarcely say, in conclusion, that II
the revolutionary acts of the Democrats in Congress
thrust the country into another political campaign
next year, it will be the Democratic party that VIII
suffer when the popular verdict is rendered


L. ". g.