New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-12-12
SxfTLISG THE QUESTION.

SSfTLIkG THE QUESTION.
A score Of plans have been suggested for
submitting the Presidential question TO an hon
orable, able, and comparatively non-partlsan
tribunal. All these schemes involve two difi-
culties. They contemplate decision by
tribunal not authorized by the Constitution to
perform that duty. They seek to submit the
ouostiop 10 men not more nOn-partlsan and
not more worthy of the confidence OF fair men
than the tribunal created by tho Constitution.
Suppose, for example, it had been proposed TO
leave the decision to the following gentlemen:
Messrs. Anthony of Rhode Island, Wadleigh of
New Hampshire, Edmunds of Vermont. and
sherman Of Ohio, elected ~ Republicans
Nessrs. Thurman Of Ohio, Bayard of Delaware,
Randolph OF New-Jersey, and Gordon Oh
Georgia, elected rs Democrats, and hessrs-
Booth Of California, Christiancy of Michigan,
Cameron OF Wisconsin, Paddock of Nebraska,
and Hamilton OF Texas, elected as lndepend-
euts,-would it not bo admitted that more
honorable, able, and fair tribunal could not be
found7 The gentlemen named represent all par
ties moro fnirly than the Supreme Court; many
of them are distinguished ~ jurists; five OF
the thirteen were chosen because of their COM
paratiye Independence OF party ties; and tho
decision Of sIch body would command more
general confidence on any political question
than that OF tho Supreme Court itself Yet
this il precisely the tribunal to which the Con-
stitution does intrust the final decision. Tho
gentlemen named are Senators, and they hold
the balance of power in tho Senate There
are strong pnrtisans on both sides, bat Dotween
them stand Senators who have repeatedly voted
l., i.fa
tions, or who were elected as Independents.
Other Senator's besides those named have ~
like manper disregarded the ties of party. IL
men have done ~ i'll other matters less grave
ia It no. to be expected that they viii act upon
their conscientious convictions in this most re-
markable emergency
No decision can be reached in the Senate
without the support of Senators Of this stamp.
II ia true that there il small Ropubllcan
,oo,ority. even If all those chosen ~ lndepend-
ents should oct with the Democrats, but 1t ia
composed In part of men who have repeatedly
taken an independent position, and who voted
AGAINST tho majority of Republicans III the
decision Of the Louisiana case, when MIR. Pinch
hack WAS rejected. If there shall appear,
upon full investigation, strong reason to believe
that Mr. Tilden Is actually entitled to the
electoral vote of Louisiana, we do not believe
that any mere prejudice of craftsmanship Will
restrain a majority of Senators from 50 de-
Gliding. Their judgment may be in error, and
in auy doubtful case may lean toward the
Republican side, but this is only just. The
legal certificates, given by the only board
empowered by law to declare the re-
sult IN Louisiana, are held By the
"A thaln tint
frcie claim which should not be set aside
| without good reason. IL the evidence Is
not such as TO convince any Of the Repub-
licaus who have acted Independently, IN times
past, and in reference 10 the affairs OF this
same State OF Louisiana, that evidence will
| not be strong enough to satisfy fair and candid
men that the decision of the Returning Board
ought IN be set aside. To obtain any tribunal
wholly free from partisan leaning is absolutely
impossible. The members OF the Supreme
Court IL called upon to decide such question
of fact, resting upon the comparative credi-
b;lity of contradictory evidence, would be very
likely to give more ready credence 10 that
which accorded with their own political con-
victions.
| The House is very different body. The
Democratic majority is overwhelming, and
over thirty Of the best and wOrthiest men in
that party might protest and break from its
ranks without restraining its power. The
members OF the House, chosen for a short
time, and not ordinarily from persons superior
to members of the Senate in ability or estab-
lished reputation, are more likely to be swayed
by party feeling. Moreover, the House repre-
sents state Of public opinion which existed
two years ago, and the newly elected House is
exceedingly close. The present House would
necessarily be influenced in some degree by
the desire to exercise its power of electing a
President, and the new House cannot be con-
vened with constitutional power until after
the Inauguration. We submit therefore, that
there is no other political or Judicial body to
which this question could be submitted upon
which we could rely for just and honorable
decision with more confidence than upon that