New-York tribune., 1876-12-20
THE LAW ON THE PRESIDENCY.

THE LAW ON THE PRESIDENCY.
vyoposAI. TO SUBMIT DISPUTED POINTS TO THE
SUPREME COURT FOR ADVICE FAVORABLE
RECEPTION OF THE PROPOSITION BY MEN OF
BOTH PARTIES.
iFRoM REGULAR CORRESPONDENT OF THE TRIBUNEJ
WASHINGTON, Dec. 1S.-There is a growing opin-
ion among men of both parties that way out OF
the difficult situation can still be opened by Su-
preme Court decision. The Objectionable plan Of
having the court count the votes and investigate
the legality of the returns has been wholly aban-
doned but it is believed that an opinion delivered
by the tribunal of last resort on the constitutional
powers of the two houses of Congress over the cleo
toral vote would be accepted as authoritative and
final. Thus far the whole dispute can be narrowed
down TO the question of whether the House of
Representatives has the right, of its own motion,
and without the concurrence of the Senate, to throw
ont the return of State. This is purely con-
stitutional question, for if such right
exists it is derived from the simple lit
lie phrase in the organic law which
saws 81 the votes shall be counted" and like all
questions arisngout of different interpretations OF
that instrument it ought to be referred to the
Supreme Court If the court should hold that
either house possesses the power of rejecting cleo
tOra votes for any cause, the whole controversy
now distracting the country would be disposed OF
at once and equally potent in etfecting such re-
sult would be an opinion that only the concurrent
action of both houses can upset a return, OF that
no power resides in Congress except the ministerial
one of making the count Of the votes as certified TO
By State authority. Mr.. Edmunds and other emi-
nent lawyers say that there is no way In which the
matter could be formally brought before the court
but it is answered by those who favor this mode OF
determining the vexed and dangerous question, that
10 nll IN lrrOy
of the prolongation of the existing dispute to cul-
mnation, forms could be disregarded and the court
could be requested by concurrent resolution to fur
nish Congress with its opinion all the points in-
yolytd. That the court would comply with such
request made under circumstances of such gravity,
even although not obliged to do so by law, cannot
be doubted.
MANY of the leading Republicans in both houses
favor this plan and believe it practicable and per-
fectly fair They do not think the Democrats could
afford TO refuse 1t as a compromise, If 1t were offered
them because if they should do so they would for
felt all clam TO the support OF public opinion. NO
objection could be urged against the Supreme Court
s the arbter of the dispute because one of its pe
ci provinces is to interpret the Constitution. Nor
could it be accused of being in any respect polit
cal body. because the attitude of parties has
changed materially since its Junior member was ap-
bench when the issues of politics were very different
from those which now agitate the public mind.
Democratic Congressman. when asked what they
think of this way "Out Of the woods" generally
approye It, and manifest a disposition TO submit
the claims of their party TO any tribunal which shall
not from its constitution, have an evident leaning
in favor of their opponents. A few are rather re-
luctant however to Indorse the proposition, fearing
that its adoption might lose them some OF the adj
yantaces they imagine their party possesses III It's
present position 1t is evident that the occasion
win not arise for Bringing prominently forward
tins or any other sO-ealed compromise measure until
after the committees in the Southern States return
When their reports are in the Democrats will soon
make up their minds whether the evidence coiecteu
aroduees any change in public opinion or in the
position of Republicans in Congress If it does not
If both parties maintain their present attitude-then
the Democratic leaders will have to decide between
three crises to back down and abandon their In
teution of throwing out the votes of the disputed
States: TO accept some kind of compromise, or to
push forward to the bitte6end which some OF them
now threaten the country with-two Presidents and
civil war.
Republican Senator from New-England said to-
day that the question could easily be brought before
the Supreme Court after the 4th OF March, and IN
perfectly legal way In case Gov. Hayes should DE
inaugrated writ of quo tcdTTanto could be sued out
against MIN ON behalf of Mr.. Iiden in the District
Court aud the case be carried at once 10 tne eu-
preme Court for final decision, This would DC
like sending for fire engine after the house Is 10
flames. While the lawyers were preparing tneiI
briefs and delivering their arguments, the heated
temper Of the partisans of the rival Presidents would
in all probability break out IN hostile demonstrations
which the dicum of the court would be poweress 10
stay any course of action can be agreed upon
that viii secure harmonious count OF the electoral
vote and general acquiescence in the result
whether arrived at by the acceptance or the reJec-
tOn Of the now disputed returns, such agreement
should by all means be reached as soon as possible
compromise after the 10th of February will be ten
fold more difficult to bring about than one before
that momentOus day. EVE