New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-23

and that il ought to throw out inc Noif VI
Iouisinno. il is morally certain that he Will
not I've selected as one OF the Democratic
uombcrs. II the Senate is not equally careful
in its choice, it virtually surrenders the qucs-
tiops in dispute. The essence of the PROPOSE
t;on il that fourteen men, equally divided in
known ouinions. shall be chosen, and that
the unknown fifth judge shall turn the scale.
IF the commission had been framed prior
to the election, this election would have less
force There are some Republicans who be-
leyc that the Louisiana vote ought not 10 DE
countod there arc some Democrats who De-
love that Congress cannot throw out the vote
of q State: and one or more of such men
might have been found in a commission Sc
lccted before the election. But in a selection
made now, after the issue has been presented,
and made with deliberate intent to secure an
equal division, it is not to be supposed that
ony such person will be chosen. Hence the
old nudge virtually settles the whole matter.
The presence OF fourteen men, selected because
they are supposed to be equally divided, docs
not alter his powers in the least. Virtually,
the odd Judge is to be the returning board.
What are his powers to be? That he is to
dccdp. Mr.. Edmunds admits that the Demo-
Gratis. rs n rule, hold that Congress can go be-
hind the certificates, while Republicans as a
rulc, hold that it cannot. Each having chosen
representatives of their opinion, the odd judge
i to decide whether the Constitution does or
does not give power to throw out the votes OF
q State. Moreover, his decision will be final.
Il can be 0verrulcd only by concurrent vote
of the two houses, and either decision is GER
L. Inv
In effect, then. one man is to fix his own
powers, and then exercise them as he pleaSes.
Is not this most dangerous and revolutionary
measure
Let il be remembered that 10 one claims
a similar dangerous power for the NIce-lreSi-
dent. Those who urge that he alone can
count the votes insist that he has no power
except TO open and announce the certificates
of those who are duly certified rs having been
appointed by States In the ease OF Oregon
the same rule would hold. Before him are the
certificates of the state showing that three
PERSONS were appointed. Before him, also, Is
the certificate Of two of those persons, show
ing for whom they voted, and thai the third
refused to act with them. In no case Is 1t
claimed that The ViccPrcsidcnt possesses the
power. in the last degree dangerous to the
peace of the country, to throw out the duly
certified vote of state.
Where will the assumption Of this power
end Is il not evident that, if this bill passes,
contested elections will occur with planetary
regularity, once in four years 1t Is always
possiblc to get uD double returns from several
States Either party, hoping for luck III the
selection of the odd judge, will prefer that
method if its defeat by the people seems pr0Da-
bic. We know it is claimed that the proposed
ill should not be IL precedent But IS not TINS
a confession that it is not fit mode f0l per-
mancnt use, and therefore should not be sub
situtcd for the Constitution In the nature oi
things it must become precedent. 1T con-
codes the revolutionary doctrine that the two
houses Of Congress have power to count the vote,
and that doctrine will surely be asserted, with
greatly increased force whenever another dis
pute arises. Then the defeated party will insist
that the patriotic example of the peacc-lovnS
statesmen of 1877 must be followed, and that
any man who objects is factions and turbu-
lent disorganzcr. Business men will again
feel anxious for settlement by ian eminent
tribunal" and will again overlook the fact
that the eminent tribunal must virtually CON
sst Of one man, to be chosen by lo', unless
one of the selected fourteen abandons his
party friends. Men of America! consider this
proposal Calmly Is this the ripe fruit and
browning glory of sclfgoycrnment Shall We
select one man, and empower him to throw
ont the votes of any State or states ii he
thinks Gtl When such plan has been
adopted will il not he wise TO avoid the dis
grace and peril of quadrcnnial disputed cleo
tions by aboshing the empty form OF election
I.v thn nnoplc2