Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1876-12-28
The Presidency.
PROPOSITION TO ASK THE SUPREME COURT
FOR AN INTERPRETATION OF THE
CONSTITUTION.

FOR AN INTERPRETATION OF THE
. CONSTITUTION.
The Washington correspondent of the
New York Tribune thus foreshadows a
new plan to avoid the impending conflict
of authority between the two houses OIL
Congress:
/ There is a growing opinion among men OF
both parties that way out of the difficult sit
! uation can still be opened by supreme court
/ dee sion. The objectionable plan OF having the
court count the votes aud investigate the L..
/ pality of the returns has been wholly aband-
oned, but ii Is believed that an opinion deliy.
cred by the tribunal of the last resort on the
constitutional powers OF the two houses of Con
grcSs over electoral vote would be accepted as
4 authoritative and final.
| Thus far the whole dispute can be narrowed
| down to the question whether the House OF
! Representatives has the right. of its own mo-
ton. and without the concurrence OF the SEN
ate. To throw out the return Of a State. This
: Is purely a constitutional question, for such a
right exists il j. derived froM the single phrase
! in the organic law which says ''the votes shall
be counted" and like all questions Using
out OF different interpre taiions Of that instrl-
ment. 1t ought to be referred to the supreme
court. II the court should hold that either
house possesses the power of rejecting elector-
al votes for any cause the whole controversy
now di>tracting the country would he dispos-
ed OF at once, and equally potent in effecting
such "A result would be an opinion that onlv
the concurrent action Of both houses can upset
a return, or that no power resides in Congress
except the ministerial one OF making the
count of the votes a. certified to by State au-
thority.
Mr.. Edmunds and other eminent lawyers
say that there is no way in which the matter
could be formally brought before the court. but
II j. answered by those who favor this mode
of determining the vexed and dangerous ques-
non, that IN serious emergency. such rs is
likely TO grow out Of the prolongation of the
existing dispute 10 elimination. forms could
be di,regarded and the court could be requested
10y concurrent resolution 10 furnish Congress
with il opinion on all the points involved.
That the court would comply with 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 practical
bile and perfectly fair. They do not think the
Democrats could afford TO refuse IL a. COM
promise. ii il were offered them. because IL
they should do 30 they would forfeit all claim
- the support OF public opinion. No objection
could he urged against the supreme court "a
the arbiier OF the dispute because one OF it,
special prov iucts j. To interpret the constitu-
lion. Nor could II be accused Of being in any
respect political body. because the attitude
of parties has changed materially since II, ju-
NOR member was appointed, and majority
OF the judges came upon the bench when the
issues OF politics were very different from those
which now agilaie the public mind.
Democratic Congress then asked what
they think of this WAY ''out Of the woods" gem
orally approve It. and manifest q disposition
10 submit the claims of their party 10 any iri-
buua which shall not, from il constitution.
have an evident leaning IN favor Of their OBJ
ponents. \ few are rather relunciani, how
ever. 10 endorse the proposition. fearing that it,
adoption might lose them some OF the Advaut-
ases they imagine their party Possesses in it,
present position.
Ii j eS ideni that the occasion will not arise
for bringing prominently forward this or any
so-caled compromise measure until after the
committees In the southern States return.
W ben their reports are in. the Democrats will
soon make up their minds whether the esi-
drnce collected produces any change in public
opinion or in the position OF Republicans IN
Congress. III II does motif both parties
maintain their present attitude-then the Dem
ocratlc leaders will have TO decide between
three crises; TO back down and abandon their
intention Of throwing out some kind Of COM
promise; or 10 push forward 10 the bitter end
which some Of them now threaten the country
wlih-two Presidents and a civil war.
A Republican Senator from New Englan
suggests that the question could easily be
brought before the supreme court after the 4th
Of March, and in 4 perfectly legal WAY. In
case Gov. Hayes should be inaugurAied.
writ Of quo icdrrdHtD could be sued out
against him on behalf OF Mr.. Tilden in the
district court. AMI the case be carried al once
10 the supreme court for final decision. This
would be like sending tor q IRE engine after
the house i, in flames. While Tin LAWYERS
were preparing their bri, and delivering
their arguments. the heated temper Of the par
ti-sus of The rival Presidents would IN all pro-
bsbllity break out in hostile demonstrations
which the dicium Of the court would be pow
erless 10 stay. II any course Of action can be
agreed upon that Will secure harmonious
count OF the electoral vote add general ac-
quiescence 10 the result, whether arrived al
10y the acceptance or the rejection ofthe now
disputed returns, such agreement should by
all means be eached Is Don a. possible A
compromise after the 10th Of February will
be tenfold more difficult TO bring about than
one before that momentous day.