AUGUST BELMONT TO TILDEN

"_Private._

"_Thursday_ (_Nov. 23, 1876_).

"MY DEAR GOVERNOR,--I had a long talk with Curtis, and

have made it all right. He _volunteered_ the information that he

wrote the _Sun's_ article yesterday, but without entering into the

discussion of the merits of his argument I told him that all our

friends viewed the question differently.

"_He will keep quiet_, I know, and I hope Barlow has been equally

successful with Dana. No pains ought to be spared to get him all

right so as to end, as far as he can, the mischief of yesterday's

article.

"Curtis is anxious for your success, but he is a _vain_ man, who

likes to be made something of. I think some little notice of him by

you or your friends in the way of asking his legal advice or other

co-operation would secure him completely to your interests and

silence his constitutional croaking.

Yours sincerely,

"AUGUST BELMONT."

* * * * *

The editorial of the _Sun_ here referred to, after giving in detail

the provisions of the Constitution for the counting of the electoral

votes for President and Vice-President, proceeds to give the advice

which so disturbed Messrs. Belmont and Barlow:

"We[16] now proceed to state what, in our opinion, the Constitution

means by counting the votes. It is to be noted that the Constitution

commits the choice of a President and Vice-President, in the first

instance, to a body of electors who are to be chosen in each State

as its legislators may direct. These electors are to meet, to vote,

and to make and sign and seal up a certificate of their votes. These

instruments, denominated in the Constitution 'the certificates,'

are to be transmitted to the President of the Senate 'sealed.'

They are, in our opinion, not merely _prima facie_, but they are

conclusive, evidence that the Electoral Colleges of the States from

which they come gave the votes which they purport to certify.

[16] New York _Sun_, Wednesday, November 22, 1876.

"We can conceive of no reason why the Constitution required the

electors to make and sign and certify lists of the votes which they

gave, excepting that it was required in order to give legal verity

to the contents of the certificates. For the same reason we hold

that to 'count the votes' so certified does not import or imply a

power to inquire into the legality, sufficiency, or regularity of

the appointment of the electors whose appointment is duly certified

by the State authorities whose duty it is to give to the two Houses

of Congress legal information of that appointment. It will never do,

in our judgment, to draw analogies for the government of this matter

from the practice of legislative bodies in judging of the rights

of their members to seats. That practice rests upon an express

constitutional provision; and it is from that express power to

determine the legality of an election that their whole authority to

go behind the certificate of a sitting member is derived.

"But these Electoral Colleges are peculiar bodies, whose appointment

is committed wholly to the States, whose certificates, when their

official character has been duly vouched by their States, become by

force of the Constitution the sole and exclusive legal evidence that

the votes of those States have been cast for such and such persons

as President and Vice-President. It cannot be, therefore, that any

authority can reside anywhere to try any question, or to find any

fact, that is to warrant the two Houses in rejecting the votes of

any Electoral College of whose authority to give those votes the

State, through its constituted authorities, has legally informed

Congress. All such questions and all such facts belong to the proper

authorities of each State to try and determine before the persons

supposed to be chosen electors are assembled to give their votes.

Any attempt by the two Houses, or either of them, to go behind the

certificates and to determine the right of the electors to give the

votes which they have certified, when the State has determined that

right by its competent authorities, will lead to conclusions in

which the people of this country will not acquiesce.

"Thus, if it shall be found on an inspection of the certificates of

the Electoral Colleges, when they are opened in the presence of the

two Houses, that Mr. Hayes has received 185 votes, or more, that

result must be accepted by the people as the legal result, whatever

may have been the frauds committed in Louisiana or any other State

in taking or returning or counting the popular vote. It is perfectly

proper for Congress to ascertain the fact of such frauds in an

authoritative and conclusive manner for the information of the

people, but the certainty that there are such frauds cannot affect

the legally certified election. Mr. Hayes must be inaugurated and

acknowledged as President, even if the legal result is so tainted

with fraud that honest men revolt at the very thought they must

submit to. There is no alternative but civil war; and that forms

an unnecessary and inadequate remedy, and is not to be thought

of. If Hayes shall be declared President, with grave reason to

believe that he has not been honestly and fairly entitled to have

the electoral votes of certain States, he and his party must bear

the consequences. Those consequences, if his opponents are wise,

will be, not that his title to the office is to be resisted, but

that the people are to be appealed to to use their constitutional

and peaceful methods of redressing all wrongs and punishing all

outrages--namely, by the ballot-box. No such appeal can be made if

the country is to be plunged into anarchy by denying Hayes' title to

the office. Our government must be preserved and perpetuated; and

that it may be, grievous as the wrong will be that takes from Tilden

States in which he has certainly carried a majority of the popular

vote, we must submit to that wrong, in the entire certainty that the

party responsible for it will in due time be rewarded with political

annihilation.

"We shall therefore deprecate and oppose any action by the House

of Representatives looking to any dispute of the regular electoral

certificates from any of the States. The responsibility for what

is done in the three controverted States is with the Republicans,

and there let it rest. All that the House of Representatives can

properly do in the premises is to ascertain and determine the

precise nature, methods, and extent of the frauds, and then leave

the question to the judgment of the country, and to the legal and

constitutional remedy afforded by the next elections."

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 65 / 295 题