New-York tribune., 1876-12-12

legislation of Congress for contested elections IN
districts or States. This plan does away wholly
with the machinery of the Electoral Colleges and at
the same time retains for each State its present rela
tive weight in the political system.
PARTY CAPTTAL-MAKING.
INVESTIGATIONS PROPOSED IN THE HoUsE-ELEO-
TIoN FRAUDS, ASSESSMENTS, AND Ex-Gov.
WELLS.
[DY TELEGRAPH TO THE TRrBUSE.l
WASHINGTON, Dec. IL. - The Democrats were
without their usual two-thirds majority in the
House to-day, and so did not succeed in carrying
through any proposition for the suspension OF the
rules The Republicans look upon such proposition
as party measure, and against the passage OF
which they are united. Among the RESOLUTIONS
which they attempted to pass was one calling Tor
all the correspondence and other documents relating
to the removal of J. Madison Wells now President
of the Louisiana Returning Board from the Execu-
tive chair of that State during Sheridan's admins
tration there. Extracts from these documents have
already been widely printed in Democratic news
papers, and prove that Gen. Sheridan considered
Gov Wells to be unfit for the position which he
held The resolution failed the vote In its favor
lacked 20 of being two-thirds
Tho Democrats refused to pass Gen. McDougalPs
resolution ordering an investigation of the election
frauds in New-YOrk City, Brooklyn, jersey City,
Philadelphia, the lid and IVth Congressional Dis
tricts of Virginia, Mississippi and Alabama The
vote stood 124 in the affirmative TO sS In the mega
tive. The resolution was modified so as to include
only New-York and Philadelphia and when offered
in this shape by Mr.. Cox, was passed without ma
terial opposition.
The Democrats also undertook to make political
capital by providing for an investigation touching
political assessments during the late campaign, but
the Republican, voted sody against the resolution
and defeated it. The House adjourned soon after
o'clock without having done any practical work.
FEELING OF THE SUPREME COURT.
OPPOSED TO ACTING AS UMPIRE ~ POLITICS-IsTER-
VIEW WITH ONE or TIE JUSTICES.
FRoM AN OCCASIONAL CORRESPONDENT oFTHE TRIBUSE.l
WASHINGTON, Dec. 1.-THE disposition indicated
by Senators and Representatives OF both political
parties to make the Supreme Court of the United
States a tribunal for the adjudication of questions
growing out of Presidential elections is viewed
by members of that high judicial body with evident
signs of apprehension. The eminent jurists who
compose the court have conferred with each other
upon the subject in an informal manner and have
uniformly agreed that such action on the part OF
Congress s to DO treated with disfavOr
In speaking of the subject within few days, one
of their number whose opinions and experience arc
entitled to the highest consideration, said that he
sincerely trusts that Congress may find some other
solution of the Presidential complication than ref
erence Of questions of dispute to the Supreme Court
of the United States that the three coordinate
branches of the Government should be preserved IN
their respective powers privileges, and duties that
TO refer the questions as proposed would be equlVa
lent to deriving the court of its present high posi-
ton in the confidence and respect of the people,
and to give it the character of a political
hot fha Fundamental
the court are judicial to pass upon laws passed and
approyed by the Joint exercise of the defined powers
of the legislative and executive branches OF the
Government, and for that reason it is particularly
essential that they shall keep aloOf from political
controversies. He said that on political questions
about onehaf of those exercising the elective IRAN
chise are arTayed against the other ha and there
fore whatever might be the decision OF the court.
however Just and impartial at least one-hat OF the
voting population would regard their action TO
greater or less degree in a partisan hght that
in the heat and excitement OF party antagonism
tho political complexion of the court would DC q
subject of public comment and speculation. lie sald
when this point is reached then the court will have
lost its exalted place in the respect of the people
He cited several instances of a Semi-political char
acter in which the action of the court to the i'm
partiality of it's Judgment questioned the most
noorious being the Dred Scott decision, upon which
those of the generation of that day still living have
not even with the lapse of time lost the force OF
their hostility toward the court.
He said that he made no reflection upon the action
of the courin that case, but simply alluded to 1t as
an indication of the state of popular feeling at that
time. and of the severe blow which the consldera-
ton of the question gave the court IN the estimation
of the members of of the great political parties
Of the day. He said that questions of semi-Politi-
cal character frequently came before the court IN
one way or another; but questions growing out OF
Presidential elections are purely political He said
that the court never stood higher in the confidence
Of the people, and every member OF the
court desires to preserve this satisfactory re-
lation to the Government and the people
He admitted that the complications on the PrcSl-
DENTAL question are not tring in their nature and
will require great forebearance on both sides to u
rave theni but said that he has great confidence IN
the good sense, sound Judgment. and PATRIOTISM OF
the people, and that these impulses guiding the
American heart will go further toward permanent
pacific solution of the question than courts OF arms
that there may be some factious opposition ior u
time but the abiding of the whole people
will soon prevail and accept the situation whatever
il may be. He therefore sincerely trusts that Con-