"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.