Year: 1876

PIE DUTY OF The HOUR.


An Non.Partisan Wow Of the situation-


Something fer All to Rend,


The great mass of intelligent people
in this part of the country at least, whe
ther they are Republicans or Demo
Gratis, says George VIM. Curtis, do mo-
believe that violence is a remedy fol
wrongs perpetrated under the form o.
law. They believe that it is better fol
every reason that an election, even thai
of President, although doubtful ap6
questionable, If consummated under I'M
questionable sanctions OF law, shall be
respected until under unquestionable
sanctions Of law it can be reversed.
That condition Of society in which per
sons fly to arms to annul law which
they do not like, or to oppose the e1ecu'
tion OF o law which they believe to be
unjustly or corruptly administered, is
anarchy. 1t is that situation which In
vites and compeis the interference OF q
single strong and supreme will, and ends
in absolute military despotism. These
are the most elementary a1ioms with all
intelligent men in this country, OF what
ever party. The duty Of the press ot
every party at this time is to repeat and
emphasize them. And the duty of the
intelligent leaders of every party who
hold these simple and American prin-
ciples is to impress them upon their
followers, aud especially upon Congress.


The papers are full Of speculation
upon what may happen in certain con-
tingencies. But the real patriotic char
acter and will Of the country in both
parties are resolved that serious trouble
shall not happen in any possible con-
tingency arising from the disputed cleo.
tion. That resolution must make itself
effectively felt. And'it can do so by in
sisting that Congress shall by common
understanding provide in season sgainst
any possible trouble at the tilue of
counting and declaring the electoral
vote. There are plainly two ways in
which this can be done. One is to agree
to act harmoniously under the present
provision of the Constitution which re-
quires the president of the Senate to
open all the certificates from the States
in presence Of the Senate and the House,
after which the votes are to be counted,
and the person having the votes Of a
majority Of the electors appointed is to
be President. This view regards the
counting as merely ministerial. At
present this is the only provision. If
no other be made, this will govern. The
other way is to egree that If any ques-
tion be raised by member Of either
House, the objection shall be disposed
OF in manner that shall be accepted by
both sides as final.


There are undoubtedly objections to
be urged against both courses, as
against any plan whatever. But we are
now apparently in situation where it
would be wise to adopt some plan. Un"
der existing circumstances, it may be
said that the first plan would probably
elect Mr.. Hayes, and the second might
favor Mr.. Tilden, and that consequently
the Republican Senate would prefer the
first, and the Democratic House some
other. But the question in its essence
is neither Republican nor Democratic.
In deciding it Congress would act in
the spirit of O national convention, seek
ing only the common welfare, and not a
party advantage. II it be answered that
Congress is an assembly Of hot parti-
sans, and cannot be expected to act
patriotioally, we reply that the resolu-
tion of the country in this emergency is
not partisan, but patriotic, and it must
compel Congress to act in its own
spirit. The plan which is most coinci-
dent with the simple provisions Of the
Constitution is undoubtedly preferable.
It is most in harmony with the State
basis of the electoral system, which vests
the choice of President in the majority
of the State electors, and not in the ma
iority Of the popular vote. The Consti-
tuition, according to the best commenta-
tors, makes the function OF opening the
certificates and counting the votes purely
ministerial.


This has been naturally the Demo
cratic view, and there can be no doubt
that it was the intention Of the trainers
of the Constitution. Tho States were to
elect the President and send to Congress
certificate of their choice. If there
wore questions of the validity OF the
election, they were to be settled in the
States, and Congress has by law autho-
rized the governors of the States to GER
tily the choice Of electors. The inten-
tion evidently is that the counting in
Congress shall be merely ministerial;
and such a view is most harmonious
with tho whole spirit of the electoral
system. Mr.. Whyte, Senator from
Maryland, o Democrat of the straitest
sect, held in tho Senate that the two
Houses OF Congress were present at the
counting only as spectators and in re-
ply to o question Of Mr.. Morton he said
that if two returns appeared, each pur-
porting to be the lawful return from q
State, the Weep President was clothed
by the Constitution with power to decide
between them.


But sensible men will be prepared for
every contingency which may arise.
There is no doubt that there might be q
question raised as to the reception OF q
State vote. This, indeed, was consid
cred case so probable that Congress in
1865, by o joint rule, provided for
throwing out the vote Of State. Such
case is hardly ever more likely to arise
than when the choice Of President de-
pends upon single vote, and when the
returns from any State which would be
decisive are asserted to be suspicious.
That must be considered to be the pres.
ent case, and it is therefore ono for which
provision should be made, and made be-
times. We are not OF those who hold
that Congress will not respond to the
desire OF the country that judicious
and peaceful solution Of the present
situation shall be provided. The reilly
vital point now is, rot that we shall
have a Republican President nor q
Democratic President, but that we shall
have President under recognized forms
OF law. No sane man wishes civil strife,
and every educated man knows that re-
pubics have always been destroyed by
the fury OF party spirit. We have mere
ly reached in this country situation
which has been foreseen, but for which
we have failed to provide. Sensible
men on both sides are conscious OF the
flaw in their party titles.


Suppose the decision to rest on
Louisiana or Florida. No honest and
we'll informed Republican would deny
that acts of the Republican returning
board in Louisiana have been suspi-
cious; no honest Democrat would deny
that there has been Democratic BULLDOG
ing in certain parishes. Again, If