The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-25

sent to him from Indiana, which he took
that occasion 10 present. As Indiana
is Senator Morton's own State
petition in favor OF tie OH
from that locality could Tot De
regarded as particularly complimentary TO
him. and when Mr.. Conkling called atten-
ton to some of the signatures the Indiana
petition raised laugh at Mr.. Morton's ex-
pense. Among the signers were Ex-Governor
Baker, a republican CT erin ent standing, the
late candidate Of the Indiana repub-
licans for Attorney General ano'
more significant than ALL Mr.. Harrison,
tie republican candidate for Governor OF In
diana in October. When Mr.. Cork!ing had
presented the Indiana petition and called
attention to these remarkable signatures he
handed it &c Mr. Morton. causing ia
finite amusement in the Senate Chamber
and the crowded galleries. Senator
Morton was stung with keen mortl-
fcaton, and he verified the adage
that the wounded bird futters by excited
efforts to explain away tie petition after the
New York Senator had concluded his speech.
But the attempts to parry this blow only
showed how admirably it had been aimed.
The fact remained that the republican candl-
date for Governor in MIR. Morton's own State
last fall, the applauded standard bearer OF
the party in the local contest, had
signed petition which virtually condemns
Morton by strongly approving Of the Electo-
raj bill 1t is a still heavier blow to Nor
ia, hat ri nj rc.
publicans, President Grant among them,
desire the passage of the bill. and that only
extreme partisans, like Mr.. Morton himself,
array themselves in opposition.
Every pretence Of argument paraded
against the plan Of the joint committee has
been exploded and shivered in the course Of
the discussion. One of these pretences, and
the one most relied on, is the assumption
that the constitution clothes the President
of the Senate with authority to count the
electoral votes, decide questions respecting
their Legality, and determine the result
Never was o false assumption more COM
pletely riddled by argument than this has
been in the Senate debate and especially by
the demolishing speech Of Mr.. Conkling.
The whole case of the opponents of the
Electoral bill rests upon this untenable
ground, and when their pretence that the
President of the Senate has the sole power
to count the votes is swept from under
them the whole structure of their argument
tumbles into ruins If the President Of the
Senate does not possess this power it clearly
belongs to Congress- and Congress may reg
ulate its exercise by appropriate legislation.
The passage of the pending bill would be
appropriate legislation if Congress has
power to prescribe regulations at all.
The other objections to the bill nre
equally fimsy and frivolous. An absurd
outcry is made against the degradation OF
the judiciary by calling in the assistance Of
some of the Supreme Court Judges They
are not to serve as Judges but as eminent
citizens, and it is difficult to see how the
Supreme Court is any more degraded than
it was in 1871. when the venerable Judge
Nelson was made member of the Alabama
| Claims Commission. On that occasion the
Supreme Court was thought to be honored by
the selection of one of its members to give
the assistance Of his ripe judgment on
question of the first magnitude. John Jay,
the Chief Justice, was selected by President
Washington to negotiate treaty in great
national crisis, although the question
was one which stirred party rancor
to its profoundest depths. The adj
vantage and propriety of composing the
electoral tribunal in part of high judicial
| g. hot op1 ta5
partisans make any objection. The most
difficult questions to be decided by the COM
mission are questions of law, and no as
sistance could be so valuable or appro-
pirate as that of judges selected from
our highest tribunal, who, above all other
citizens, may be presumed to possess the
independence impartiality, sense of justice
and legal knowledge requisite for the dis
charge of such duty. The cavilling
against judicial assistance is virtual con-
tession that judicial habits of mind are not
wanted by the partisan directors.
Another ground Of attack on the bill is
that it may prove dangerous precedent.
This is as idle as it is captious first, be-
cause the cases are likely to be very rare
when Presidential vote will be so very close
and secondly and chiefly. because there is
every probability that this part Of the con
stitution will be amended before another
Presidential election. Even before this
crisis arose there was a widespread feeling
that that part of the constitution relating tc
the election of the President and Vice Pres
ident was too faulty to be preserved. Sen
ator Morton has been advocating for The
last two years, with great vehemence and
persistency, an amendment to the constitu
ton for changing the whole system Of elect
ing the President, and the present alarming
crisis indicates the soundness Of his idei
TINT The nrcsent system is fraught will