The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-02
TINKERING WITH THE OONSTITU.
TON,

vi TON.
The Louisiana Returning Board, in t
hands Of Kellogg, Packard and Pinchbac
run by Wells, Anderson and Kenner b
:. proved such a success that Senator Morto
~ Of Indiana, wishes to try it on the returns
n the election for President and Vice Preside
y in 1876. With his party standing on Il
''ragged edge" of threatened defeat, with
~ Democratic House assured, with the loss
executive favor and patronage imminen
Oliver P. Morton is naturally DESTROYS to fin
rs some means by which power may be held an
prolonged in spite Of the contrary will Of IL
American people as made known by the
J. votes He, therefore, proposes by bill a
/. amendment to the Constitution by which th
returns of the election for President an
. Vice President are to be examined and az
cepted or rejected by q tribunal to be pre-
: vided by Congress, which is only anothe
: name for Returning Board, which thi
Congress is to authorize Grant to appoint an,
which is to decide whether a Democrat or
Republican is to be pronounced elected i,
1876. This provision is preceded and OBJ
scured by many others which do not violentl,
change the abstract theory OF popular cleo
ton, but these are only the abundant mea
under which the cat is hidden. What j.
aimed at is Returning Tribunal, q set of par
tisans appointed by the party in power with
the ability to reject such votes as they see fit,
or like Wells & Co. to count in or throw out
according to any caprice which they may in
dulge, or any purpose which they may enter
tain.
| As it would be awkward for Morton's Re-
turning Board to throw out or count in entire
States contrary to the will of the majority of
| States, the new amendment will subdiyide
the Presidential vote Of each State into as
many fragments as it now contains Congress
sional Districts. In the case of New York.
for example, the board (or tribunaD appointed
by Grant would begin by counting in the re-
turns from the sixteen Radical districts, and
out OF the seventeen remaining districts they
would throw out enough to give majority of
the whole to their own (RadicaD candidate
and with that majority the two electoral votes
at large, for which the bill provides, and
which are to be given to the majority candi-
date. The same course would be pursued
with the vote Of Pennsylvania and Ohio. The
harmless and inexpensive Presidential electors
are to be laid upon the shelf entirely, and in
the consideration of the returns Congress is
to be replaced by the Tribunal of Returns. "
As Morton's amendment requires the ratifi-
cation Of the Legislatures Of three-fourths of
all the States, and as it would take from the
Democrats forty or fifty assured electoral
votes, there seems to be but little cause to
fear its final adoption, even if it should be
submitted by Congress-
Aside, however, from any reasonable chance
Of the adoption of this amendment, any dis
position to tinker and tamper with the Con-
'titution is always to be deprecated. The
plan Of electing President and Vice Presi-
lent has served very well for eighty years.
Sometimes it has elected the candidates
galnst whom majority of single votes were
,iven, and once it failed to elect, devolying
he election upon the legislative department.
might, perhaps, be improved; but it might {
70 made worse. If let alone it will answer
he purpose; but if politicians once begin to
aeddle with this or any other part Of the I
Machinery OF the Constitution, we don't {
now what mischief they may not do or !
here their tinkering will cease. The grow e
,g disposition to trample under foot any !
revision of the fundamental law which
'ands in the way of an ambitious political e
arty or scheme must be checked and repro t
ated otherwise the great structure of politi- e
Il liberty will be undermined. Let new c
eas, new issues, and new measures come up N
they may, it is best that they be judged by c.
d rules. "
The Constitution of this Republic of repub- n
IS is complicated affair, which has no ex- N
aple in history, nor parallel in any govern tt
ent. 1t was an instrument for delegating
vernmental powers-such as were thought II
cessaryZso common authority. The
wers were delegated by States. which before
re several, Independent and without contro, b,
Q over another. Those who made the Fed OF
Il Government intended to limit its powers G.
d to grant no more than what was expressly th
minated or clearly implied by their Consti-
ion. They intended to reserve, and did re- pr
We the whole field of home government to he
h State, according to the will and interests as
her people. ha
n American legislation it is maxim ell
rthy Of all acceptation that constitutions bu
intended to restrain governments, Just as he
IS are intended to restrain individuals. to
want protection against the hasty and
sionate action Of majorities. The sudden CT
inns and caprices of the multitude ought to Wi
checked and they are checked by our SCI
The changed will of the people fai
State is not Immediately felt in the del
tied States Senate but the settled resolve ]
he same people, persisted in for series of lie,
RS, is at last felt without giving any sud we
shock or producing any violent change str
he dividing'lines between State power and car
eral power ought to be kept up with great I