CHARLES MASON TO TILDEN
"'Alto,' near Edge Hill,
"King George, Va., Dec. 5, '76.
"Dear Sir,—Although I am confident if any one in the U. S. has the ability to cope with the rogues who are bent on cheating the people out of the hard-earned victory they have achieved, in the Presidential contest, it is yourself; yet, at the risk of being thought highly presumptuous, I venture on a few suggestions I have not observed thrown out by any one.
"That the Constitution does not provide for the extraordinary condition of things in which we are placed by the Congress, nor that any of its annotators furnish an apt construction, is certain; and for the same reason, I suppose, as that given by Bishop Warburton, why no allusion was made in the Pentateuch to a future state. The patriots of the Revolution, like the Patriarchs after the creation, no doubt thought the proposition so self-evident and the provisions so ample for pious and honest men that they did not dream of the world's being peopled by such a race of sinners and corruptionists.
"If precedent is to be weighed in counting the votes, let the spirit of the first example be wholly and rigidly observed. There is doubt, in the first election of Gl. Washington, the president of the Senate did perform that ministerial duty. But the order of the Senate, prepared by a committee, and signed by John Langdon, the prest. 'elected for that purpose,' expressly says 'the underwritten, appointed president of the Senate for the sole purpose of receiving, opening, and counting the votes of electors, did, in the presence of the Senate and House of Representatives,' etc., leaving it to be inferred (and no other conclusion will hold water) that in doing this his functions ceased. Subsequently, as you know, there were some variations from this practice, but all going to the mere ministerial agency of that officer.
"The bald attempt of McDonald, present chief clerk of the Senate, to cite a different practice, in the case of Harrison, when James W. Watson was president of the Senate, by construing his action in his (McDonald's) own language, as to imply judicial authority, does great violence to the truth of history and the greatest injustice to that astute and cautious statesman, who struggled all his life against the exercise of doubtful powers and was never known to practise one. This little incident on the part of McDonald is only a part of the well-laid scheme to revolutionize the government by seizure in the count of either of the returning boards in the subjugated States, should be conscience-stricken and obey the mandates of the Decalogue, rather than the tyrant's order, and cast the electoral vote for you, to whom all justly belong.
"Going through the pageant of a public inauguration is by no means called for, as you are well aware; and I would suggest that instead of allowing Sunday to intervene, that Grant's term expires at 12 o'c. at night on the 3d of March, when his power as Commander-in-Chief will cease, and when Sherman will not dare use the army for their hellish purposes. I make this suggestion for the reason that there is a tradition in the family of Mr. Jefferson, to whom I am nearly allied by marriage, handed down by himself, that being informed commissions were to be made out by Mr. Adams for judges and other officers after midnight, he (Jefferson) entered the office of Secretary of State precisely at 12 o'c. on the 3d of Mar. and demanded it of the Secretary, John Marshall, I think, who, after some remonstrance, yielded and delivered the keys to Mr. Jefferson. Allusion is made to those midnight appointments in his correspondence, but no mention is made of those particular circumstances. I had them from Col. L. G. Randolph, his grandson, confidential friend, executor and sole custodian of his papers until sold to Congress.
"Some persons apprehend that if the election devolves upon the House (which I cannot conceive possible on any reasonable grounds) we shall lose the Vice-President, whose choice will have to be decided by the Senate; but this cannot be, as the contingency will not arise for such a resort. For the Constitution expressly provides that 'the person having the greatest number of electors shall be President, if such number be the whole number of electors appointed.' Now, how can they be appointed unless lawfully done, and who is to judge of such legality? Certainly the House, or it may be both Houses. So if the electoral vote of a State be rejected by either, because of fraud, it is a nullity—no vote at all—and therefore not appointed, and cannot be estimated in the count, leaving you with 84, an undisputed majority of the electors actually appointed. For, mark! The Constitution does not require a majority of the whole Electoral College, but of those appointed.
"If there should be any discussion about the authority of the 'great seal of a State,' you are aware that it has been nowhere so fully ventilated as in the famous New Jersey contest for Congressional seats, when, if my memory serves me, the Govr's. certificate was only respected when there was no suspicion of fraud.
"I am, with great respect & haste,