slight irregularity can impair the title | with, and which they propose by revolutionf “me Neighbor" Tilden-If a majority f each one of a majority of States votes ›r Tilden in the House then he is Presilent. nd even if there has been an omission in the Con Constitution committed the election of a Presi ary methods to overturn, was essentially a Democratic measure. The Senate vote was 47 yeas and 17 nays-10 not voting. Of the Republicans 20 voted yea, 17 voted nay, and 9 declined to vote. Of the Democrats 26 voted ution, so that, strictly no one may be elected according yea, 1 voted nay, and 1 declined to vote. The s provisions, what could be so in accord with the majority for it therefore comprised 26 Demorit of our Government as to agree upon an Execu- crats and 20 Republicans. The vote against », chosen by the House of Representatives, acting States? That is, chosen by men, elected directly it comprised 17 Republicans and only 1 Dethe people as the electors are, and acting by mocrat. The vote in the House, on passing tes, as the electors do. It was to the House that the act, illustrates the feeling of the two it in the only contingency of a failure to choose by parties even more strongly. That vote was tors then foreseen. Had the Convention foreseen 191 yeas and 86 nays-14 not voting. Of the 1 contingency now assumed by some it would, of Republicans only 33 voted yea, 68 voted nay irse, have committed the election in such contin--7 not voting. Of the Democrats 158 voted yea, only 18 voted nay-7 not voting. majority for it, therefore, comprised 158 Democrats and only 33 Republicans.. The vote against it comprised 68 Republicans and only 18 Democrats. Taking the aggregate vote in the two Houses, it will be found that only 53 Republicans voted for the measure and 85 Republicans voted against it; while 184 Democrats voted for it, and only 19 Democrats voted against it. The Republicans of both branches of Congress therefore stood opposed to the measure nearly in the proportion of 2 to 1; and the Democrats of both branches stood by the bill, and "put it through nearly in the proportion of 10 to 1. · icy also to the House of Representatives. hy, then, not adopt this course-(The House did adopt it)-And thus sail as near to the “spirit of the Constitution" india-rubber constructionists like filden and Potter choose to. Why, then, should not this great people forbear ife, and adopt a course which, if no course be proled for by the Constitution, would accord most arly with the spirit of the Constitution? The ore, as the result thus reached would conform to e wish of the great body of the people, as just exAnd here let me add that to talk of a Senate, in aich a majority of the Senators represented less than e-fourth of the people, whose power to choose a resident is, by the Constitution, confined, first to the ilure of the electors to choose one, and next to the essed. ilure of the House of Representatives to choose one But the question is not what Federal troops can do, CLARKSON N. POTTER, PART III. The Electoral Commission ActAnalysis of the votes by which it passed-It was essentially a Democratic measure--The votes in full in both Houses. It will be observed by analysis of the votes cast in the Senate and House upon the passage of the Electoral Commission Act-given herewith-that this act, now so much abused by the Democrats, and the findings under which they now pretend to be dissatisfied The If this state of facts does not prove it a Democratic measure then all proofs would be useless. 7 The Senate vote in full. The vote in the Senate, January 25, 1877, on the passage of the Electoral Commission Bill was, in detail, as follows: YEAS-Messrs. Alcorn, Allison, Barnum, Bayard, Bogy, Booth, Boutwell, Burnside, Chaffee, Christiancy, Cockrell, Conkling, Cooper, Cragin, Davis, of West Virginia, Dawes, Dennis, Edmunds, Frelinghuysen, Goldthwaite, Gordon, Howe, Johnston, Jones, of Florida, Jones, of Nevada, Kelly, Kernan, McCreery, McDonald, McMillan, Maxey, Merrimon, Morrill, Price, Randolph, Ransom, Robertson, Saulsbury, Sharon, Stevenson, Teller, Thurman, Wallace, Whyte, Windom, Withers, Wright-47. NAYS-Messrs. Blaine, Bruce, Cameron, of Pennsylvania, Cameron, of Wisconsin, Clayton, Conover, Dorsey, Eaton, Hamilton, Hamlin, Ingalls, Mitchell, Morton, Patterson, Sargent, Sherman, West-17. NOT VOTING-Messrs. Anthony, Ferry, Harvey, Hitchcock, Logan, Norwood, Oglesby, Paddock, Spencer, Wadleigh-10. The House vote in full. The vote in the House of Representatives, January 26, 1877, on the passage of the Electoral Commission Bill, was, in detail, as follows: YEAS-Messrs. Abbott, Adams, Ainsworth, Anderson, Hopkins, Hoskins, House, Humphreys, Hunter, Hunton, 5 Kansas. 8 Louisiana 7 Maine 8 Maryland... 11 Michigan.... Landers, Lane, Leavenworth, Le Moyne, Levy, Lewis, | Votes. NAYS-Messrs. J. H. Baker, W. H. Baker, Ballou, NOT VOTING.-Messrs. Bass, Cason, Collins, Egbert, Hays, King, Lord, Odell, W. A. Phillips, S. Ross, Schumaker, Stephens, Wheeler, Wiggington-14. The counting of the electoral vote of the States commenced February 1, 1877, and did not end until March 2, at four o'clock a. M., each House having been in session continuously from March 1, at 10 o'clock A. M. an 15 3 Nebraska......... 3 Nevada 5 New Hampshire.. 9 New Jersey. 35 New York.. ...... David Dudley Field's Quo Warranto BillBeing one of the moves in Tilden's crafty game. March 2, 1877.-The very same day when the vote for Hayes was declared by both Houses, David Dudley Field, from the select committee on the privileges, powers and duties of the House of Representatives in counting the vote for President and Vice President, hastened to report a bill, entitled "An intrusion into the office of President or Vice President Act to provide an effectual remedy for a wrongful of the United States." Vote by which the Quo Warranto Bill was lost. The vote on the passage of the above Quo Warranto bill was 66 yeas (all of them DemoWhen the counting of the vote of the States crats) to 99 nays, which comprised 76 Repubwas concluded, and the tellers had licans and 23 Democrats, while of those not nounced the result of the footings, the pre-voting 89 Democrats seem to have been siding officer of the two Houses declared "watching how the cat jumped." In detail Rutherford B. Hayes, of Ohio, the duly elect- the vote was: ed President, and William A. Wheeler, of New York, the duly elected Vice-President for the four years commencing March 4, 1877whereupon the two Houses finally separated. ilton, Hardenburgh, J. T. Harris, Hartzell, Hatcher, NAYS-Messrs. Abbott, Adams, Ainsworth, J. H. Baker, 10 6 6 3 3 ii 15 Crounse, Culberson, Cutler, Danford, Darrall, Davy, lace, J. W. Wallace, Warren, J. D. White, Whitehouse, Willard, C. G. Williams, W. B. Williams, B. A. Willis, J. Wilson-99. Mr. Burchard's Amendment, and vote thereon. After Proctor Knott, Democrat, had offered an amendment-which he subsequently withdrew--Mr. H. C. Burchard, Republican, from the minority of the Committee on Privileges, etc., moved to amend Mr. Field's resolution by adding to it these words: NOT VOTING-Messrs. Anderson, Ashe, Atkins, Bagby, G. A. Bagley, Bass, Blackburn, Bland, Bliss, Blount, Bright, H. C. Burchard, S. D. Burchard, Cabell, A. Campbell, Carr, Cason, Chapin, Clymer, Cochrane, Cook, Cowan, Dibrell, Douglas, Durand, Durham, Egbert, J. L. Evans, Faulkner, Felton, Flye, Fort, Gibson, Goode, Gunter, Hale, R. Hamilton, Hancock, H. R. Harris, Harrison, Hartridge, Haymond, Hendee, Henderson, Henkle, A. S. Hewitt, G. W. Hewitt, Hoar, Hoge, Hoskins, Hunton, Hurd, Hyman, F. Jones, King, Knott, of such certificates, but not for the purpose of ques"Affecting the genuineness of proper authentication Lamar, Lewis, Mackey, Magoon, Maish, McCrary, McFar- tioning the number of votes by which, as shown from land, McMahon, H. B. Metcalf, Miller, Milliken, Money, the certificate of duly authorized canvassing officers of Morgan, Mutchler, Nash, Norton, O'Brien, Odell, Phelps, the State, the electors may have been appointed." J. F. Phillips, Piper, Plaisted, Platt, Potter, Powell, Parman, Rea, Reagan, J. Reilly, W. M. Robbins, Roberts, The amendment was disagreed to-yeas 84 8. Ross, Rusk, Savage, Sayler, Schumaker, Singleton, W. E. Smith, Southard, Stanton, Stenger, Stephens, W. H. (all Republicans, save one), nays 122 (all DeStone, Swann, Throckmorton, Turner, Van Vorhes, C. c.mocrats), not voting, 84, as follows: B. Walker, Walling, Walsh, E. Ward, Warner, Watterson, G. W, Wells, Wheeler, Whiting, Wike, A. Williams, A. S. Williams, J. Williams, J. N. Williams, Wilshire, A. Wood, Jr., F. Wood, Woodburn, Woodworth, Young -125. PART IV. Ballou, Banks, S. N. Bell, Bradley, W. R. Brown, H. C. House Committee Report affirm-Tufts, Wait, A. S. Wallace, J. W. Wallace, G. W. Wells, ing the right of the House to go J. D. White, Whiting, A. Williams, C. G. Williams, J. Wilson, A. Wood, Jr., Woodburn, Woodworth-84. NAYS-Messrs. Ainsworth, Ashe, Atkins, Bagby, J. H. Bagley, Jr., Banning, Blackburn, Bland, Bliss, Blount, Boone, Bradford, Bright, J. Y. Brown, J. H. Caldwell, w. P. Caldwell, J. B. Clarke, J. B. Clark, Jr., Clymer, Cochrane, Collins, Cook, Cowan, S. S. Cox, J. J. Davis, De Bolt, Durham, Ellis, Faulkner, D. D. Field, J. J. Amend-Finley, Forney, Franklin, Fuller, Gause, Gibson, Glover, March 3, 1877, David Dudley Field, Democrat, from the Committee on Privileges, etc., made the following report: "The Committee on the Privileges, Powers, and Duties of the House of Representatives, in counting the vote for President and Vice President of the United States, report, in part, that since their partial report of certain resolutions, made to this House on the 12th day of January last, the passage of the act entitled 'An act to provide for and regulate the counting of votes for President and Vice President, and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877,' and the proceedings under it, have interrupted the discussion of the said resolutions and the action of House thereon; but that the refusal of the Electoral Commission, constituted by the said act to hear any evidence touching the frauds and want of jurisdiction of the canvassing and returning boards of Florida and Louisiana, has made it so much the more important to affirm the said resolution and the authority of this House over the counting of the electoral votes, and especially the right of Congress and of the House to inquire whether any votes purporting to come from a State have been cast by persons duly appointed by that State electors of President and Vice President in the manner directed by its Legislature, and for that purpose to receive evidence of the forgery, falsehood, or invalidity of any certificate of any Governor or canvasser whomsoever. The committee therefore recommend the passage of the following additional resolution: "Resolved, That in the counting of the electoral votes of any State it is the right and duty of Congress and of this House to inquire whether any votes purporting | Goode, Gunter, A. H. Hamilton, R. Hamilton, Hardenburgh, H. R. Harris, J. T. Harris, Harrison, Hartridge, Hartzell, Hatcher, Henkle, Hooker, Hopkins, House, Hun ton, Hurd, Jenks, T. L. Jones, Knott, F. Landers, G. M. Landers, Le Moyne, Levy, Lord, Luttrell, Lynde, Mackey, McFarland, McMahon, Meade, Mills, Money, Mutchler, L. T. Neal, New, Odell, Payne, Phelps, J. F. Philips, Popple ton, Rea, J. B. Reilly, J. Reilly, A. V. Rice, Riddle, J. Robbins, W. M. Robbins, Roberts, Savage, Sayler, Scales, Sheakley, Slemans, W. E. Smith, Southard, Sparks, Springer, Stanton, Stenger, W. H. Stone, Swann, J. K. Tarbox, Teese, Terry, Thomas, C. P. Thompson, Throckmorton, Tucker, Turney, J. L. Vance, R. B. Vance, Waddell, Walling, Walsh, Warner, E. Wells, Whithorne, Wigginton, Wike, J. Williams, J. N. Williams, B. A. Willis, B. Wilson, Yeates-122. NOT VOTING Messrs. Abbott, Anderson, J. H. Baker, Bass, Beebe, Belford, Blair, Buckner, S. D. Burchard, Cabell, A. Campbell, Cantler, Carr, Cason, Cate, Caulfield, Chapin, Culberson, Cutler, Davy, Dibrell, Douglas, Dunnell, Durand, Eden, Egbert, Felton, Fort, Goodin, Hancock, Haymond, A. S. Hewitt, G. W. Hewitt, Hall, Hoar, Hoge, Holman, A. Humphreys, F. Jones, Kehr, Kimball, King, Lamar, Lane, Lewis, Lynch, Maish, H. B. Metcalfe, Miller, Milliken, Morgan, Morrison, O'Brien, Pierce, Piper, Potter, Powell, Pratt, Purman, Reagan, M. Ross, Rusk, Schleicher, Schumaker, Singleton, Stephens, Stevenson, M. I. Townsend, Van Vorhes, Waldron, C. C. B. Walker, G. C. Walker, E. Ward, Warren, Wutterson, Wheeler, Whitehouse, Willard, A. S. Williams, W. B. Williams, Wilshire, F. Wood, Young-84. Mr. Field's resolution was then agreed to. 1 PART V. to come from a State have been cast by persons duly Morrison's Letter on Tilden's appointed by that State electors of President and Vice President in the manner directed by its Legislature, and for that purpose to receive evidence of the forgery, falsehood, or invalidity of any certificate of any Governor or canvasser whomsoever." "Lack of Pluck" Tilden thought he had “packed” the Electoral Commission - Hen Hendricks openly encouraged the adoption of the House resolution declaring Tilden elected President. dricks urges the House to de- 50. I never had any faith in the electoral project, but clare Tilden ‘and himself elect-i returned from New Orleans it was already settled everybody in the country seemed to favor it, and when ed-Votes by which the House upon as the way out. Respectfully yours, "W. R. MORRISON." makes that revolutionary declaration — Subsequent Democratic protest declaring Hayes “a Usurper!"-The House DemA meeting of Democrats at Indianapolis, ocrats officially notify Tilden March 4, 1877 (according to New York World that he was "duly elected of the 5th), called to deliberate as to the attiPresident"— Did Tilden take tude of Democracy, sent a dispatch to Senathe oath?—Revolutionary talktor McDonald, of Indiana: Hewitt's enforced resignation "Your friends at home desire that you should take and peculiar apology–Judge Black's revolutionary threat. Letter from the Democratic leader Morrison to the seven men among his constituents who were not satisfied and wanted a new election. In the New York World, March 5, 1877, appears a letter written by W. R. Morrison, the then Democratic leader of the House and Chairman of Ways and Means, which contains two or three pregnant admissions worth noticing. It was written February 24, 1877, in answer to a dispatch of same date, received by him from Messrs. L. H. Hite and six others, of East St. Louis, Ill., in which they say: "American institutions and constitutional liberty demand that the conspiracy shall not succeed. Our party can prevent it without resorting to revolutionary measures, for the partisan decisions of the Electoral Commission command no respect. Give us a new election." He tells the seven foolish Virgins they have trimmed their lamps "too late, I fear" -The Democratic leader's idea of good faith." Morrison's reply ran thus: "DEAR SIRS: Your dispatch has been received. I fear it is too late to accomplish what you suggest, and what the right and justice of the case demand. Many of our friends, and some of the most influential think, or pretend to think, that we are bound by obligations of good faith to go on, under the Electoral Commission Bill, to see Hayes fraudulently counted in. There are so many of this way of thinking that this result seems to me to be inevitable." no part in the inauguration of Hayes.' The same telegram states that Hendricks said of the House resolution declaring Tilden and Hendricks elected: "The House should pass such a resolution, though it would have no practical effect." Proctor Knott's Resolution “solemnly Declaring" that Tilden "received 196 electoral votes," and was "thereby duly elected President"-Votes in the House on Question of “Consideration.” March 3, 1877, Proctor Knott, Democrat, from the Committee on Privileges of the House, etc., submitted to the House a long preamble, ending with the following resolution: "Resolved by the House of Representatives of the United States of America, That it is the duty of the House to declare, that Samuel J. Tilden, of the State of New York, received 196 electoral votes for the office of President of the United States, all of whigh votes were cast and lists thereof signed, certified and transmitted to the seat of Government, directed to the President of the Senate, in conformity with the Constitution and laws of the United States, by electors legally elected duly appointed and eligible, in the manner directed by and qualified as such electors, each of whom had been the Legislature of the State in and for which he cast his vote as aforesaid: and that said Samuel J. Tilden, having thus received the votes of a majority of the electors appointed as aforesaid, he was thereby duly elected President of the United States of America for the term of four years, commencing on the 4th day of March, A. D. 1877: and this House further declare that Thomas A. Hendricks, having received the same number of the electoral votes for the office of Vice President of the United States that were cast for Samuel J. Tilden for President, as aforesaid, the said votes having been cast for him by the same persons who voted for the said Tilden for President, as aforesaid, and at the same time and in the same manner, it is the opinion of this House that said Thomas A. Hendricks, of the State of Indiana, was duly elected Vice President of the United States for a term of four years, commencing on the 4th day of March, A. D. 1877." He lets out the truth on Tilden-Charges him with lack of "pluck," but thinks it is to Tilden's "credit" that he agreed to the Electoral Commission,because he thought | Straight Party Vote on Question of “Con it would be “packed” in his interest. "The truth is that our great man Tilden, able as he undoubtedly is, did not have the pluck to meet the requirements of the occasion at the right time, though I suppose it must be said to his credit that when this commission was gotten up it was expected that Davis would be the eighth man.' The thing is lost-Morrison never believed in Electoral Commissions. "I look upon this thing as lost, though our folks could keep Hayes out if they were united, and possibly could secure a new election; but Lamar, Hill, Watterson, Wood, Wells, and many others, say they intended to let Hayes go through, and believe themselves bound to do | sideration." The question of consideration being raised, it was decided to consider the resolution, by 146 yeas to 82 nays, 62 not voting. YEAS-Messrs. Abbott, Ainsworth, Ashe, Atkins, Bagby, J. H. Bagley, Jr., Beebe, Blackburn, Bland, Bliss, Boone, Bradford, Bright, J. Y. Brown, Buckne, S. D. Burchard, J. H. Caldwell, W. P. Caldwell, Candler, Carr, Caulfield, J. B. Clarke, J. B. Clarke, Jr., Clymer, Cochrane, Collins, Cook, Cowan, Culberson, Cutler, J. J. Davis, De Bolt, Debrell, Douglas, Durham, Ellis, Faulkner, D. D. Field, J. J. Finley, Forney, Franklin, Fuller, Gause, Gibson, Glover, Goode, Gunter, A. H. Hamilton, R. Hamilton, Harden bergh, H. R. Harris, J. T. Harris, Harrison, Hartridge, Hartzell, Hatcher, Haymond, Henkle, A.S. Hewett, Hooker, |