tion, however justifiable, is after all no solution of the question. How will Hayes and his friends and his party stand before the world if after proceedings of so questionable a character the President of the Senate, setting aside the constant usage of more than half a century, takes it upon himself alone to count the votes and to determine and declare the result of the election? What will be the upshot of such a precedent in the future history of the Republic?
You are probably aware that I, with Senator Henderson, petitioned Congress to submit the matter to the Supreme Court. I did this because it is clear to my mind that nothing can now give Hayes an impregnable and universally respected title to the Presidency but the determination of the matter by some tribunal standing outside of party interest. I am therefore writing to my friends in Congress, and especially to members of the Compromise Committee of the two houses entreating them to devise and urge some method, formal or informal, to submit at least the question of the relative power of the President of the Senate and of the two houses in counting the electoral votes either to the members of the Supreme Court or some other impartial tribunal invented for the occasion. Not only the honor and existence of the Republican party are in jeopardy now, but by some unscrupulous use of power an injury may be inflicted on our republican institutions fraught with mischief beyond all present calculation.
I think some of us, who are of the same way of thinking, ought to get together as soon as possible to consider whether we cannot ourselves, or induce Hayes to, do something to avert such a danger. Unfortunately, I cannot leave my family just now. But will you not come this way one of these days? I should be most happy to speak with you. Do come if you can. Hayes, I fear, just permits things to drift. Can you not meet him some-
