The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-01-31

Is CONSTITUTIONAL
The power of congress to legislate on the
subject rests on the clause of the constitu-
ton which declares that the congress shall
have power to make all laws which shall be
necessary and proper for carrying into exc
cution all powers vested in the government,
or any department or officer thereof. This
is the browning provision, without which
the whole instrument would have been in
operative.
1t applies wherever the constitution COM
mands the doing of an act without prescrib-
ing the manner in which or the person by
whom it shall be done. Here the constitu-
ton provides that the president of the SEN
ate shall open the certificates containing the
votes. and commands that ''the votes shall
then be counted" but il does not say
how or by whom they shall be counted.
This makes perfect case for legislation, and
congress has constantly exercised the power
either by joint rules or by law. Generally
the action of congress has been by joint
rules, which are laws regulating the pro-
ceedings of the two houses, but in 1865 con-
gress passed a Joint resolution, which is
equivalent to an act, providing that certain
states then in rebellion were not entitled to
representation in the electoral college.
1T Is JUST.
There is a serious and honest dispute be-
American people as to the legal result of the
presidential election. No graver controver-
sy can be conceived. 1t involves the right
of each citizen to a voice in the election of
his rulers; the right of the whole people TO
self-government.
fit were possible among Americans to
find an absolutely impartial tribunal to try
the questions involved, every right minded
citizen should be willing to submit TO its
judgment; but since all are interested-an
more or less partisan-it is practicable only
to provide tribunal where neither side will
have any decisive advantage, and which
will be lifted above the sphere of strife.
The commission proposed seems to be as
nearly impartial in its balance as can be
formed. 1t promises the nearest attainable
approach to impartiality. 1t offers the best
prospect for fair trial
Whatever our individual preferences may
be, each of us would rather submit our right
to this tribunal than to any other which we
could, on the golden rule, ask our opponents
to accept.
. If. as some claim, there is really no doubt
of the right on the one hand or the other,
the best way to make that appear is by the
judgment of an intelligent, impartial tribu
nal If there be doubts, the best way to re-
solve them is by such decision. The con-
hicting confidence of each side is in itself ev
idence that there is case calling for justice.
IT'S ExPEDIENT.
Let us not close our eyes to the fact that
we are passing through a perilous crisis.
That eminent patriot already quoted-Cf an
cellor Kent-speaking of the election of the
president of the United States, said: THE
mode of his appointment presented one of
the most difficult and important questions
that occupied the deliberations of the as
sembly which framed the constitution; and
If ever the tranquility of this nation is to be
disturbed and its liberties endangered by a
struggle for power, it will be upon this
very subject of the choice of a president
This is the question that is eventually to
test the goodness and try the strength of
the constitution, and if We shall be able for
half century hereafter to continue to elect
the chief magistrate of the union with dis
cretion, moderation and integrity, we shall
undoubtedly stamp the highest value on
our national character.
This warning was uttered near half CEN
fury ago. The time and the event concur,
as if to fulfill prophecy.
The peril is upon us. Let us avert IT, II
lawfully and rightly we may.
The measure proposed will, if adopted. be
accepted by the major and better part of
each contending division of the people.
The result will be the peaceful and UNI
questioned Inauguration of a president
voted for by more people than ever voted
for any other president, and the administra-
ton of the government under circumstances
of legitimate opposition and emulation,
which will call for and insure the best efforts
of all branches and of both parties for the
public good. Respectfully,
JOE E. STEVENSON.