The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-22

vision Congress, might constitute. 4 new
court to perform the very duties by the new
plan assigned TO the five judges. !,
However, there is no court, no judiciary,
in the case. The Tecomm ndations Of the
Judges Will, not be- binding upon either
house. 1t is theiragreement between them
selves that will bind them. The Judges are.
to be party to no agreement. They are to
have nothing to dc, with counting the votes.
They give their opinion, and: the. swo
houses act upon 1t fatbey choose to do so.@
It is no surrender by either house OF its
rights. Virginia and Maryland have Just
made the same sort Of surrender in appoint,
ing commissioners to charter" their rights
awayl Who ever heard that Virginia had
surrendered her rights in this case -
Virginia and Massachusetts are about to
come together as 10 ante-revolutionary and
revolutionary times, Brother GLASS. Won't
YOU Join u.s.: Read the following excellent
article from the Boston Advertiser, which,
we can safely say, speaks for Massachusetts,
if not for all New, England: = 7ja'''
The most gratifying news given to the
country since the sun went down on the
9Th of November Was the intelligence that
the committee Of the two houses on the
electoral vote had agreed upon an equitable
plan with substantial ilnarimity. The con-
stitution of the tribunal to decide disputed
questions arising IN the count OF votes is
not only a great Improvement upon that
originally proposed, but It is IS, nearly
s.aaiit:iess as Tie nature OF the circumstances
would admit. 1t meets the grand, test OF
| fairness between the two parties, and
at the same time eliminates the slight
| element OF chance. which was i'll many
minds the strongest objection to the plan
as FIRST made public. Moreover, it can
be said OF the whole scheme that it is con-
ceived in tile best possible spirit; that it
preserves absolutely the rights, OF parties;
and that its adoption is highly creditable to
the gentlemen Of both sides and of both
houses who have agreed to it.. Ii, under its
operation, it should be declared that Tilden
and Hendricks have been elected, the Re-
publican party will most cheerfully acqui-
esce in the decision, and give its full sup
port to the Government, however strenu-
| ously it. may have to oppose the policy Of
the Administration. It is but right to ex-
pect the same cordial acceptance Of the stu
alton by. Democrats il, as we believe should
be the result, Hayes and Wheeler should be
declared to have been duly elected. .y..,,..
The scheme provides for every contin-
gency, and leaves nothing doubtful but the
result Of the counts and il is its chief virtue
that it does leave the result doubtful. Votes
not objected to are to be counted, of course.
Votes from States sending only one return,
objected to, are only to be rejected by con-
current vote. Double returns, unless both
houses agree rs to the proper return to be
received, are to besubmitted to the tribunal
of five Judges, five senator's, and five repre-
sentatiyes; the return selected by this tri-
bunal is to be taken as the true one. and only
to be rejected by q concurrent vote Of the
two houses. The tribunal is also to decide
whether the rejection OF votes reduces the
number necessary for choice, or whether
it merely reduces the number that may be
counted for one candidate or the other, and
so throws the election into the House. AS
it is perfectly certain that the two houses
will not agree to throw out any vote from
States sending only one return, and as it is
further certain that they will: not concurin
rejecting any vote held to be valid by the
tribunal, the disputed points are limited to
those arising from the returns OF the four
States Of Oregon, South Carolina, Florida,
and Louisiana; and the decision Of the tri-
nically or legally, final. While it is possible
that the House may agree to adopt the Re
publican electoral vote Of Oregon, it is
more likely that for the purpose Of resery-
ing all chances the House will vote for the
admission OF the Cronin vote. The Sollace-
Aldrich vote in Vermont will probably not
be brought into the; controversy, even
though consistency would seem to require
it, ..4a. ,i,;t,fsA u ats5
The tribunal, if constituted as proposed,
will include five members OF each branch,
equally divided as to politics; four justices
OF the Supreme Court, and fifth justice to
be named by the: otheriour. The country
will have confidence in tho judicial impair
TALLY Of every justice, outstanding his
leaning to one party or the other. 1t was q
wise amendment OF the first plan which
made the judicial rather than the congress
sional section Of the commission an uneven
number, and the substitution of the selec-
ton of the fifth Judge for the rejection by
lot OF a sixth renders the plan admirable in
all its parts, and deserving Of the unani-
nous support Of every man in either party
who is really DESTROYS OF a fair and peacea-
Bile settlement OF amost dangerous question:.
Il NC aSScHG VI ItlC lWO auuScS w LII, we are
bound to belieYe,be heartily given to il, and
the only remaining question as to thelsuccessy
Of the plan inyolKes the. willingness of the:
justices OF the Supreme Gourtto tassumethel
duties it is proposed to demand OF them. The
country understands and will respect there
luctance of the memberSof our highest court
to. be drawn into the determinations Of politiar
cal questions ip anyGWayi tDhe reasons are
strong, and onlyt to besoYercoIne by the exist!
enee Of a most pressing emergency. Such an
emergency has ;arisen.,s Should the' justices
whose services are now in requisiti6n de.l
cline to seYReiEeS should look upon further
attempts to provide method of counting the
votes as hopeless. The two houses could
NOT, agree upon any ezherplangaan In that
case each would untl6 ubtedly proceed In
ut Is ntonsaVe the country
from q; tremendo peril that the appeal
will i beg made to these eminent Judges.
They alone can save 1t land N they now
refuse, they must either be drawn into the /
conflict immed iateiy,.es a5court, ito decide
between two rival Claimants of the presi-
dency, or they must assume whatever risk
there may beoi plunging The country into
untold difficulties that, would follow.
The Gazette Of worcester; the dduer-
User, JoarnGL. and Transcript Of Boston
the Repa1 rica8 and lEa,ipi, Of Springfield
ll Repub lican Eapera -auDn gt 9tsss tho plan.o