N. W. HAZEN TO S. J. TILDEN

"ANDOVER, _Feb. 28, 1877_.

"HON. SAMUEL J. TILDEN.

"DEAR SIR,--I hope it is not too late to make some use of

the views stated in the paper enclosed, which seem to me so obvious

that I have constantly hoped to see them presented from some one of

many sources.

"Very respectfully,

"Your obt. servt.,

"N. W. HAZEN."

* * * * *

Whenever it appeared to Congress that no person had a majority of

the electoral votes, the whole subject of the election of President,

by force of the Twelfth Amendment, passed into the exclusive

jurisdiction of the House, and no proposals for joint proceedings,

or for any action by the Senate in relation to it were in order.

That no person had a majority appeared from the double returns from

some of the States from the opening of the returns, and is admitted

by the passage of the electoral law.

The choice being given to the House by the Constitution, it belonged

to the House solely to make any investigations which it should find

necessary to the proper performance of this trust.

When the Constitution gives the choice to the House, it confers by

necessary implication whatever authority is requisite to the full

exercise of the power, including, of course, exclusive control over

the whole subject.

It may be remarked, by way of illustration, that the first duty is

to determine who are the three persons from whom a choice is to be

made: acting with the Senate, a fourth person might be rejected from

this number, whom, if he were before it, a majority of the House

might choose to elect.

The record of the proceedings of the commission will show them to

be without warrant or authority in the Constitution, which contains

ample provision upon the same subject.

The commission usurps a power conferred upon the House when the

House itself was established, which is one of its highest functions,

and whose exercise it cannot surrender without dishonor.

1. Upon the motion to be made in the House to accept the report of

the commission it should not be entertained, because in violation of

the constitutional rights of the House, and not in order therefore.

2. If it has been accepted, the whole proceedings should be declared

for this reason null and void.

3. The House should proceed to the choice of President according

to the Twelfth Amendment, that it may not fail in the performance

of one of the highest duties it owes to the Constitution, and in

the exercise of its greatest powers; that some person may be duly

chosen, so that its candidate may have the legal title before the

law and before the people.

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 92 / 295 题