Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-26


regnlarlv chosen and certified Electors Of
State. provided that State obeys the Consti-
tution IN maintaining republican form OF
Government. than it has to declare State
out of the Union or to assume the executive
functions Of the administration. The act
adopted by this committee in concurrence
PROPOSES to authorize the tribunal named py
it to change the returns OF any State. re-
sardess OF the forms legally established by
the States themselves 10 defeat the Will of
the States and of the people Of the States
to nullify an election that has been male
clearly under the provisions OF the Constitu-
ton. While, therefore, we admit the correct
ness of the result which inevitably must
be reached by the proposed plan, and while
we admit the good intentions OF the trainers
of the plan, we cannot but protest that 1t Is
contrary to the letter and spirit of the Con-
stitution and it is not equitable, since 1t
submits to arbitration q question which has
been settled already, in giving party wiIch
habitualy rebels against the legal expression
Of the popular will, chance to turn defeat
into victory.
The plan of the Joint Committee aims at
;udiciai action while discrediting judicial
fairness. 1t calls in the Judges, but prac-
tically SAYS at the same time that politics
will control By trying to balance them with
exact political nicely. The result IS that 1t
leaves political struggle for the fifth man,
and upon him the decision may hinge. But
beyond all this. the plan involves an asser-
ton Of power which IS repugnant to the
spirit and intent of the Constitution The
Commission which it establishes Is the mere
creature Of Congress. 1t derives all Its au-
thority from Congress. Whatever power 1t
possesses Congress possesses. In other
words. the plan assumes the right on the
mart of Congress to set itself up u return
inp board with authority to override the
lawful action of the States. Such an agree
ment may be the best way out OF the pres
ent difficulty; but it involves dangerous
assumption, and it ought to be well con-
sidered.
Excepting the single element OF decidins
by lot the composition of the counting court,
this plan is open to all the objections which
have been frequently set forth in these col
umns. 1t imposes on the Judges OF the 3D.
preme Court functions which they were
never intended to perform, and it relieves
the President of the Senate of duties which
the trainers of the Constitution delIberatei y
and distinctly imposed on him. Ii Is merely
a device to stave off the settlement OF qaes-
tions which can and ought to be decided at
once, ard it renders possible the occurrence
of a Presidential interregnum which would
neither be creditable nor profitable to the
country.
From the New York Tribune.
The plan proposed at Washington for
counting the Electoral vote, and now stated
to have been adopted by the Joint Commit
tee, is revolutionary and dangerous. When
leading Democrats realize how completely
the bower now claimed by them would
charge our form of Government, they will
confess the mistake to which partisan feel
ing is driving them. When leading Repub-
licans see that, in departing from the PLAIN
constitutional requirement, in an hour oil
weakness, they put it in the power OF any
party to bold the Government Of the United
States indefinitely, they may realize that the
only safe course is to adhere to the obvious
intent of the Constitution and the prac-
tice Of those who framed and adopted 1t.
Let Us suppose that the power OF Con
gress to count the vote, which was denied
by the Constitution. and never exercised In
any degree or form in earlier years, be now
usurped. 1t matters not whether, in the
exercise Of this power. the Congress asks
advice or decision on any point from the
Supreme Court-another step wholly un-
warranted by the Constitution. Its action
10 that respect cannot be binding upon any
future Congress, while the assertion OF
power to supervise the count, and to throw
out votes of States at pleasure, will be
claimed with great force as precedent by
either House whenever it pleases to dispute
the result Of popular election.
From the Troy Times.
1t is an extreme refinement of casuistry to
say that the Supreme Court should not be
brought to tho consideration Of cases having
their origin in politics. There is TO more
reason why the Court should be exempt from
obligation to decide points of law arising
from political complications than there Is for
relieving it from any other duty naturally
falling to its lot. The Commission created
by the bill under discussion will properly
have no function to perform beyond the de-
termination of legal issues. Was Cronin,
for instance. a lawful Elector Of the State Of
Oregon? Which Of the sets of certificates,
or papers submitted as such. from South
Carolina, Louisiana and Florida, respective
", are entitled to recognition under the
Federal Constitution and the laws of those
States? These are questions of constltu-
tional law simply, and if they must be re-
moved from the jurisdiction OF the President
of the Senate, where the fathers of the Re-
public intende! them to remain, there seems
to be no more appropriate tribunal than the
Supreme Court to take them up.
From the Boston Journal.
On the whole we regard this bill as afford
ing the sure means Of taking the country
safely through the pending difficulties. 1t
is proof that the voice OF the people has been
heard in Washington, and that the majority
of really strong men of all parties in Con
gress are sincerely DESTROYS of securing
just settlement of controversy which is not
only extremely perniciOus in its effects at
home, but is regarded abroad as q serious if
not decisive test of the working of our re-
publican system of Government. 1t is pos
sible that some Of the minor features Of the
bill may be amended to ad vantage but as Il
whole. it is probably the best plan, if not
the only feasible one, which can now be
brought forward. We trust, therefore. that
Congress will promptly take it into consid-
Grafton and will put it in force.
OPINION OF PROMINENT MEN.
Secretary Morrill, is opposed to having the
Supreme Judges mixed up with politics.
Postmaster General Tyner says that it is
unwarranted by the Constitution, and the
ta YnlI,E.t Lt
sional committees or Congress.
Senator Morton says, al am ard have been
opposed to il, and refused to sign the re-
port because he would not agree to the bill
Governor Hayes has lSj votes. Anything
like compromise method which would
leave the result uncertain now Is II surren-
der Of the Republican position.
Hale and Frye, Of Maine, openly condemn
it Prof. Seelye looks upon it as great
triumph of statcsman,hip Tarbox prefers
Hayes rather than Iiden should he elected
by such means /; Douglass, OF Virginia, says
that he will fight 80 monstrous proposition
till doonsday Bright, of Tennessee. will
fight it by vigorous speech Proctor Knott
is Internationally against it utmost the
whole Indiana delegation refuse to have any
thing to do with it Baker SAID 1.-The child
is born. Its name j. lSsachar-an ass
crouchng between two burdens. | am in
clined to support the measure, If called
upon 20 vote Immediately after its reading
should have voted for it. | want 10 consider
some Of its provisions more carefully" Gen.
IIurlburt, Of Illinois. said it seemed to him
like prize package Of candy-no good in it.
Judge Black and Montgomery Blair both
declare the bill unconstitutional. Lawyer
Stoughton says, Il consider the precedent
very unwholesome. Roger A. Pryor, 81
think it absolute usurpation on the part OF
Congress" 5. l.. NJ. Barlow, The plan is
entirely outside VI the Constitution. Gen.
F. c. Barlow, II think they have gone out
of their province to mix judges up in it"
George Tlcknor Curtis, Objectionable for
various reasons" Rush C. Hawkins, 1.-The
proposed compromise is very foolish ar
rangepcnt Gen. Dix writes to kasson,
OF Iowa, that it is the boldest assumption of
power ever attemutSl under our govern