The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-29
From the NetD York World,

All We Ask, An Honest Tribunal!
The virulence of the Radical press in it:
assaults upon the members of the supreme
court, as individuals, surpasses anything Of
the kind which weremember in our national
history
The Tribune says:
1.-THE unknown Arbiter contemplated by the bill
II not selected by chance, Is most likely to be
chosen for the looseness of his Olinions-or. In
other words, for the weakness OF his head. He
will be answerable only TO his own conscience he
has no constituents TO Judge him, and IT has perhaps
escaped the attention OF congress that tue only
person from whose favor he can expect promotion
Il the man whom his decision will place In the
presidency, To justify the transfer OF the function
OF counting from the president Of the senate to this
great unknown, some grave consideration should
change is demanded by the Democrats only be
cause they believe that Mr.. Tilden Is defeated with
out It, aud it is yielded by the Republicans only be
cause the Democrats demand 1t. On the one side
Il lie desperate clutch at the last chance Of power
on the other it is surrender to vulgar clamor,"
The Times on the same morning utters
similar sentiments:
The four judges named have been selected OF
partisan ground, The Democrats claim two, ant
two accorded to the Republicans, The eX
pectatlon is that they will seYerally sustain the
purposes OF the parties, OF the manner In which
the ffth judge will be chosen, we know nothing, Il
may be by bona.t ide aflle; II may be by dexter
ously managed artihc. On either superstition any
judgement rendered will commend itself only t.
the adheIents OF the party 1t serves"
The plan for counting the votes, which
involves the assistance of these justices
and excites the revolutionary press tC
these assaults, it will be remembered, or.
iginated with the senate, and is Of Repub
hcan invention. 1t was neither suggested,
as we understand, nor matured by the
Democratic house, nor, indeed, by Demo
cratic senator's, 1t has nowhere beer
demanded" by Democrats,as the Triban,
falsely declares. 1t j. accepted by them al
a means Of escape for the country iron
the evils and perils brought upon the ma
ton by Radicalism, and hkened by tht
Republican Senator Edmunds to a new de
LUCE submerging the solid land, If TIT
Democrats OF this country demanded AM
particular plan to enforce truth and jus
tice. it was the plan used by congress from
1865 to 1876, while the Republicans con
trolled majority of both houses, as the
still do of one house. The Democrats de
sired to stand 10 the old ways and in thu
consecrated paths, but such Republicans o
character and repute as Edmunds, Conk
ling and Frelinghuysen seem TO have be
come convinced that if the house thu
maintained the law and custom of the land
the Revolutionists, led by such desperate
politicians as Morton, Sherman and Cam
erOn, would surround the president of tn
senate with bayonets, while he declared
Hayes elected, right or wrong \
sight of that peri! End shame Democrat
nave yielded, in order to strike down thu
sword, and to set up the law again in thu
arbitration of our national difficulties
What have they yielded? The constitu
tional right of the house, exercised from
1865 to 1876, to reject even a sin
gle return from any state, if tn
house iudicially decided it wes not
true and lawful return; the right in case o
double returns to prevent the counting o
either or of both, unless satisfied which i
constitutional; and the right to say whel
no candidate has a majority of the elector
appointed, and then proceed to make
president. Under the proposed bill, tn
house cannot alone exclude asingle return
it cannot alone say which of the doubl
returns of either shall be counted; and
cannot say when it becomes its right t
elect president, This, and all this, tn
house could do from 1865 to 1876. Surel,
this is something to give upl 1t Is sur
rendering, so far as the Democrats ar
and it is certainly rather cool for the con
spirators against public order now t
charge Democrats with demanding tn
uncertainty
What do the Democrats gain? A tribu
nal sworn to be IMPARTIAL not tribunal o
one man, like the president of the senate
but Of fifteen men Of the highest position
bound to render decision which shall b
made in writing, stating briefly tn
ground thereof, and be signed by tn
members of said commission agrseiD
therein"
A written decision, stating the reason
for it, has obvious elements of honesty an
safety. There is to be a tribunal witt
orderly methods Of procedure; a clerk
arguments on both sides; deliberatlon
discussion, and solemn open judgment i
the face of the whole nation. This it j
which terrifes the Radicals 1t is not tn
men who are to compose the court, but tn
necessity OF giving reasons in writin
which are to 90 into history"
Democrats do not claim" as tn
Times asserts. any member of the nation
highest tribunal as a partisan OF Cover
nor Tilden's rights. They are densel
ignorant about the political prepOssessiOu
of the justices, if they have any, and the
are not ready to believe that America
judges, even of Republican sympathiet
are likely to form conclusions on the ques
tions and points of law to be submitted
before they know or can suspect wha
those questions and points will be. FC
this is matter of information as we'll a
of "prepossessions. What do you kno
to-day of the possible points from Florida
just about as much as the Pope of Rom
knows !
For ourselves, we care little which
the five remaining justices the selecte
four may take as a colleague. If Wait,
Hunt and Swayne are to be excluded b.
cause from New York and Ohio, we al
content to take either, if the propose
plan is to be a rule. And as betwee
Dayis and Bradley, we are equally indi
fetent. With good cause, there is ofte
safety in judge who is conscious thu
people suspect he has sympathies for on
OF two antagonists, and a bad cause 4
honest judge can uphold. In our opinion
none Of the justices of our highest tribuni
can or will say that he Hayes vote frol
Florida is "a true and lawful VOTE"
the side of truth and law is sdequatel
presented and argued. The same thinl
We believe, is true of Louisiana. All thu