The New York herald., 1877-01-19
THE ELECTORAL COMMISSION.

SHALL THE COMMITTEE OF FIFTEEN DECIDE
THE ELECTION ? -DIFFEREST VIEWS CON-
cEINING THE JOINT COMMITTEES PLAN.
The fact that the JOINT Committee OF Congress had
como to nm agreement as to a plan for settling the
Presidential mudde aud tho outlines OF the plan ITSELF
were known to everybody in the city yesterday who
had read the HERALD.
HERALD reporter yesterday called upon II large
number OF representative gentlemen, OF both partcs
10 ascertain their views on the proposed "conmis-
sion" The apathy displayed by majority OF them
regarding the momenious question was remarkable.
The views that were vouchsaied will be found below
AN uSwnoLEsoME PRECEDENT
Mr.. t. W Stoughon said that. IN his opinion, the
scheme was good could bc devised II wo mad 10
depart from constitutional requirements .'rhcrc rs
no doubt" said Mr. Stough,ou 'rhat tho Vice Hrcsi
dent is empowered to count The vote The constitu-
tion says that he shall open the certificates and tho
votes shall then be counted and that's all says about
AS to the appointment Of tho justices OF the Su-
prone Coart to the committee, will sny that
think there may be some difficulty about the selection
OF the nth justice Assuming that the jndgcs arc
equally divided as 10 potcs-it Is not for lawyer to
that judges have politics. but tho appointments
of the four made on that thcOryyou Will perceive
that there may be some trouble IN agreeing nth.
| consider the precedent an unwholesomc ono. "
RkvoLuTox ABSOLUTE AND UNMrfGATED.
Mr.. Roger A. Pryor stated tEat he had worry do
c,ded opinion on the subject, and then went
suy:-''l think IT an absolute usurpatOu the
OF Congress. Tho constitution OF tue United States
prcscrbes how the vote is to be asccrtaned, counted
and promugatcd and Tor the two houses Of Congress
TO project put into effect another and ditfereut
plan lor them TO assert ard exercise powers tnat the
people of the United states never communicated to
then II is revolution, absolute and nnmt ga, dan
assumption by Congress OF powers not given them
by the constitution. II may work well THIS
time in averting a possible collision and in
securing the inauguration OF tho candidate who
really had the majority Of the popular and
electoral VOTE But what guarantee have wo that
thtu t,Inn ro nloA
tion by party having majority in both houses OF
Congress TO override and nulhfy Tho popular WI, as
as ually and legally manestedy Either Sir Hayes
or Mt Tden elected President Of tho United States
and the only remaining duty Of Congress Is to asccr
IAN and declare which OF them Is elected The
tuition provides how that is to he done Tncro can
compromise. lf Tildcn Is elected, what right has
Congress TO compromise away bis titlcY II Hayes
elected, by what authority does Congress pretend 10
give the Presidency TO his competiisrY Congress has
much right TO submit the question to tho nrbiira.
mcpt OF tho Czar OF Russia to this committee OF
Senator's representatives and justices Of the Supreme
Court"
AN ENTIRELY NOVEL PLAN
Mr. 8. /. NJ Barlow OF tho opinion that my
actual settlement or the dispute would be great
ei To people, and would tcnd materially revive
condition since November. Mr.. BARLOW had seen
during the day calling himself democrat who
thought proper FIRST to fary elect candidate at the
polls and aterward be compelled to assent to tho
c,sion oi q new tribunal or the loss OF penny. ON
tho other hand an orderly inauguration OF somebody
as President OF much more consequence than tho
OF any particular individual that II the repre-
senauvcs OF party see III TO assent 10 the proposed
method Of settlement they WILL OF course, be sup
ported everywhere. 1.-The plan seems 10 me-" said
he, cntircly novel and OUTSIDE OF the constitution.
and II tncrc were any tribunal by which lis legality
could be tested | think II would decide It Invalid.
Practically, any settlement made Will be considered
by everybody, us II IS in Iact, final "
FEASIBLE AND sAFH.
Mr. George Ticknor Curtis had had little opportunity
TO look into the matter; but, from the slight attention
he had been able to give to II, 10 seemed To him
present to be feasible and saic plan. ~ want moro
tmc consider its various bearings on the constIu
electoral votes and also 10 consider It's practical opera
ons and It's uturc operation AS precedent, said he.
III will say have thought all along that any attempt
to Jevove tho counting OF the votes on the Supreme
Court objectionable for various reasons; but TO
select n number OF the judges Of that Court TO
act as individuals u commission or board for tho
purpose OF deciding grave constitutional questions is
perhaps not objectionable
PERHAPS As GOOD MODE ANY.
When General Francis G. Barlow asked what he
thought Of the plan, he replied that he did not think
the means very efficient one He thought tho matter
be decided Of fact ana not OF law-whcther
Mr.. Tilden or Mr.. Hayes had been elected Tho cou-
mttec Is probably not gong 10 open invest gation
Of tho election" SAID Nj. Barlow, 'and how cso
they reach a proper conclusionY They may use tho
testimony taken by the Congressional committees sent
Souh, through which agency the means would prob
ably DO good IL the committee undertakes to decide
that the returning boards had power to 60 behind
the face OF the returns the purpose could he easily
compishcd That Is u question OF law, and has nj.
ready been decided by the courts Of Florida | think
their conclusion WILL however, be universally accepted.
think the gentlemen named for appointment nt are cap
able but also think they have gone OF their way
to bring Judgcs Of the Supreme Court into the matter
Alter All, since Il is SO desirable ana necessary TO
bring the issue TO close, perhaps the nodo adopted
Is good one as any,"
A FOOLISH ARRANGEMENT
Colonel Rush q. Hawkins said nc thought tho pro-
posed compromise "a foolish arrangement at seems
To me, he said "that when tho proposed Committee
OF Fifteen bad me. they might not bc able to agree.
and the whole matter wsnid then be In tho samc
position Us II now There would probably be
great deal OF heated discussion, aud the committee
might fail TO como TO u definite agreement, In which
the question would be still open and would re-
vert to tho House. Ny view from tho first has been
that the old precedent should be followed that Las
established tile fact that the President OF tho senate
has the solo power TO count tho votes aud declare
the result There has heretofore been no cause Tor
deviation from that precedent, ana sec no occa-
sion to depart from IL now All this excitement has
arisen out OF bitter partisansbip and the country
has been unnecessarily disturbed | think that
are just as lar ever from a settlement"