National Republican. (Washington City (D.C.)) 1872-1888, 1877-01-19
The Mixed Tribunal.

The Mixed Tribunal.
The proposed compromise or agreement Of
the joint committee of the Senate and the
House is in violation of the Constitution and
laws, and abrogative of specially created and
delegated authority, by clear provision of the
Constitution, TO the several States, viz:
The Constitution provides for the election of
an electoral college, who shall elect Presi-
dent and Vice President, and authorizes the
several States to elect this college. This be-
ing done, the members of this college meet as
directed by the Constitution and vote for
President and Vice President. After this be-
ing done, then their mission is complete and
ended they either have or have not elected
these officers. Then it remains for the Vice
President to open and announce their action.
If found that majority of votes have been
received by either candidate, then he is elect
ed if not, then there are other modes pro-
vided for by the Constitution that should not
be ignored and violated by joint committees
and Supreme Judges. The action of the Vice
President is simply to open and announce the
action of the college, and this action was in
tended by the Constitution to be promulga-
ten of the result. Then 1t would be known
by constitutionally constituted authority if
an election had occurred by the
action of the Electoral College. If no election
Is the result, then the Constitution amply
provides for the contingency, not by joint
committee and judges, but otherwise; and
any action by them would be not only illegal,
but q usurpation of authority in violation of
a provision of the Constitution delegating
this authority to others. The several States,
by authority and direction of the Constitution,
are empowered to elect an Electoral College,
and their action is final. This college, when
elected under and by authority of the Const-
tuition, is complete and supreme in its sphere.
1t is then power clothed with supreme and
final action; then their acts cannot be re-
viewed. 1t is complete, and when announced
by the party designated by the Constitution
it is final. If an election is the result, then
the Constitution provides for Inauguration;
if not, then It provides for the contingency.
The announcement, we reiterate, by the
Vice President, is only PRONUNCIATION of the
action of the Electoral College, and was so
intended by the Constitution; hence the Con-
stitution and original presidents cannot be set
aside by Congress for the sake of compromise.
II Ttlden is elected Republicans should have
no desire to compromise, and if they had, de-
sire would be their master, for certainly Dem
ocrsts would smile at their puerile ambition.
If on the other hand Hayes is elected, all
compromise on the part of Republicans is not
only puerile but stultifying. Any compro-
mise on the part of right is q confession Of
weakness or villainy. Right is royal, master,
supreme. To yield is yacillstion, weakness,
defeat. A man or party who feels confident
in the right will yield to compromise only for
the sake of selfaggrandizement, either for the
present or future; in other words, it can only
be Gone at the sacrifice of principle, the deg
radiation Of manhood and the loss of all sense
of honor. If the Constitution lays down e1-
plictly the method of determining the electo-
raj count-as it surely does; also the rights of
States-then abide by 1t and let all ideas of
compromise 60 to the winds.
The fact that petitions are constantly COM
ing in to Congress for peaceable settlement
Of the question only goes TO show that the
Democratic party have been sowing the seeds
of dIscord and trying by every stratagem to
alarm the law-sbiding community, the peace
loving rank and file of the people, and should
be regarded only in that light. The Republi-
can party have not sought to breed strife, to
stir up the popular feeling, have called no
conventions, inaugursted no public moves, but,
relying on the justice of their cause, have
maintained profound quiet, while the Demo-
Gratis, as party, have sought to influence the
people both North and South, to incite their
passions, to arouse all their bitter partisan
prejudices, which should have been buried
after the eve of the Sth of November, by call
ing conventions, sending rowing committees
through the South to try to ferret out some
irregular transactions, appealing to the ruling
element of their party, to wit, the thieves,
gamblers, desperadoes and miscreants of all
our large cities, to come to the seat of Govern
ment to menace our National Legislature
while in the discharge of its solemn duties.
And failing in all this TO win the support and
sympathy of the masses OF the people, the
honorable, intelligent, law-abiding majorties,
their only hope now is in inveigling the Re-
publican party, through its Senators, into
compromises compromise of what and for
what! A compromise with wrong, failure
and defeat, and for the purpose of Wrestling
quasi victory out Of conceded and disastrous
defeat.
To effect such a compromise all the astute
chicsnery of the great party possessing by
Inheritance and claiming by undisputed pos
session the right to WELD is brought to bear.
1t is well known that several candidates for
the high Office of President are the leading
members of the Senate, and to convince one
or more Of them that a good chance to real
ize such ambition will be secured by certain
course in the Presidential complication is the
wisdom and the hope of success Of the Demo-
cratic party o,day; hence the proposition for
a compromise. Admitting, for the sake of
argument, that a compromise would not be
unconstitutional, how does the matter stand
The proposed mixed tribunal, composed of
fifteen persuasive United States Supreme
Court judges, five Senators, and five Repre-
sentatives-would, in the first place, place our
highest judicial tribunal, the supreme arbiter
OF our Republic, on the low plane Of partisan
politics; for, whichever way Judgment was
rendered, the opposite party would claim, and
with more or less Justice, that the verdict was
partisan. Away with such = humiliating,
degrading spectacle as seeing the highest tri-
bunsl of law and equity prostituted to the uses
of the partisan and demagogue.
Again. It is well known that the President
Of the Senate Is a fair minded and liberal man,
tee of five, decided men would be appointed
three Republicans and two of the strongest
and most partisan Democrats.
On the other hand, It is equally we'll known
that the Speaker of the House is bitter par
tssau. INSCRIPTIONS in all his political ruling
and dealing, and would appoint, If at all, on
hIs committee two weakened or empty pursed
Republicans, {. c. Republicans In name only,
liable to be converted by an extract OF the
isbsr'l of money" rather than by any enorts OF
Moody and Sankey, thus giving ali the ad-
ysntages of q compromise TO the Dimoeiass.
Co,nromisc with wrong means and deserves
defeat. and the man who expects to be made
, candidate for honor in 1850 by compro.
,,,sinp with wrong will miss his reckoning.
The go.ssssnse of the American people Will