Year: 1876




The American people are now passing
through one of the great trials to which
national character, at intervals more or less
distant, is subjected under all forms of gov
ernment, and which test the fitness Of
people for their institutions and the suit
ableness of the institutions to the circum-
stances of the people. We have strong con-
fidence that the citizens ofthis Republic will
sustain this trial, as they have all former
trials, with credit and reputation to them
selves and safety to the essential features OF
our free institutions. We frankly concede
that the federal constitution is not perfect.
Among the features Of it whose weakness
has been demonstrated by experience the
weakest of all is the clumsy machinery 1t
provides for the election of tho Chief
Magistrate of the nation. This ma
chinery, as originally constructed, broke
down in the fourth election OF q
President Between the fourth and the fifth
election the constitution was amended, but
the change was hardly sufficient to prevent
the recurrence ofthe emergency which came
SO near dissolving the government in 1901,
when the House of Representatives con-
sumed seven days in going through thirty
six ballots between jefferson and Burr who
had received an equal number of votes in
the Electoral Colleges. The only important
change made in the amendment which then
followed was the provision that the Presi-
dent and Vice President be separately voted
for. The farcical machinery Of Presidential
electors was kept in force, and no means
were provided for deciding questions which
might arise as to the regularity or legality OF
disputed electoral votes. The absurdity of
the present system has been recognized and
deplored by many of our wisest statesmen
for more than half a century, and it is to be
hoped that the present alarming crisis will
lead to adequate amendments of the consti-
tution before the next Presidential contest


But, for the present, we must Loyalty ac-
cept the constitution as it stands, and trust
to the virtue, moderation and law-abiding
spirit of the people to tide the country over
q grave danger. The sheet anchor Of re-
public is the supremacy of law. If the
existing laws are imperfect, inequitable or
injurious in their operation, we must, never
theless, submit to them until they can be
changed by regular and constitutional
methods, This law-respecting and law
abiding spirit is of the very essence of re-
publican institutions. 1t is a fundamental
principle of our government that the will Of
the majority legally expressed shall have
the force Of law, and that the law-the law
as it exists for the time being-is the su-
preme rule for all. Without this implicit
obedience to law. SO long as the law is not
repealed, republic is mere form ofanarchy,
and is always on the brink of dissolution
whenever any powerful party is dissatisfied
with the result of an election. Our boasted
institutions are worthless if we hold them
by so frail tenure. Even if the law works
injustice we must submit to it until it can
be repealed; for sovereign law, the States
collected WILL" is our only safeguard
against civil broils, disruption Of the Com
monwealth, and that most intolerable of
evils, the reign of blind passion and the
confusion worse kconfounded" of polit-
ical anarchy The American people are
too intelligent, too virtuous, too cautious,



substitute passion and force for the author
ity of law, when they have it in their power
to change the law, and even the constitution
itself, which is the supreme law, if they
find it works injustice or oppression in q
particular instance. We are entirely con-
fident that, whoever may be counted in or
counted out, this Presidential election will
not lead to another civil war. The Amer
lean people are not SO fashy or impulsive
as to attempt to remedy by force an evil
which may be redressed by peaceful
change in the laws.


The present deep excitement is premature
and uncalled for. There are, as yet, no
complete and authentic returns from the
three doubtful States. 1t is hardly supposable
that when at last all the official returns
are received their genuineness will be open
to question in every one of the States now
classed as doubtful. If it shall appear that
Mr.. Tilden has carried any one of the three
the controversy will be substantially at an
end for the electoral votes of ono will in
sure him majority, and it will be of no
practical consequence how the two others
are counted. 1t is hardly supposable that
all three will be counted for Hayes unless
they really belong to him. There is time
enough, there are motives enough, facilities
enough, and there will be men enough Of un-
questioned high character engaged in the in
vestigation to ferret out and ascertain the ex-
act truth before the votes are finally counted
on the second Wednesday in February.
No fraudulent electoral votes can be counted
in February without a full blaze Of exposure
pouring upon the count with the vividness
of concentration Of calcium lights. de-
liberate and manifest fraud would ruin the
party that should undertake to perpetrate