New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-27
a CONTRIvANCE TO DO NOTHING.

a CONTRiVANCE TO DO NOTHING.
THE COMMISSIONS DECISION OF no BINDING EF-
FECr-RETUIN TO TIE STARTING PoINT-wIIL
THE JUDGES ACTi
To the EditOr Of The Tribune.
SIR: Probably nobody ont Of Congress pre-
tends that the recent bill for counting tho votes for
President and VicC-Prcsident Is constitutional meas
ure. natural that Senator Edmunds and others who
helped prepare should defend its cOnStuonallty
they COULD hardly do less but the public al large will
Judge they IT. and clearly enough that 1t
is hill 10 give to Congress power which 1t never
intended it should have The Constitution SAYS,
" the votes shall then be cOuncd the bill practically
siys votes shall not be counted except in the good
pleasure Of Congress" In the carly stages OF this dis
cussion n coed deal OF time was wasted in discussing
whether the should be made by the President OF
the Senate by other person but il is now seen
that ii material by whom tine count is made. The
Constitution did not consider that point OF sufficient
importance to make any provision for it. De iHins
cprd Ter the law does not provide for ries. The
count in times past has been sometimes made by the
President of The Senate and sometimes by tclers and
nobody questioned that it well enough done; but
the language Of the Constitution is clear aud is manila
tory the point that the votes shall he cOuncd, not
angcd over not discussed not rejected, but simply
"cOuntcd."
The bill in question sets defiance this plain provi
sion and begins by authorizing the President OF the
Senate tn call for objections he opens the certificates
and then gives Congress the right Of decision on the
alLimportant question whether the votes shah be
counted rejected. Next follows elaborate provi
sion for a compassion whom class of questions
shall be submitted in connection with these votes. ii Is
important that IS but q single class of
questions that is TO he referred to This commissions; on
all other questions than this Congress assumes to
decide without even the thin disguise of the commission
This commission has been hailed tie august tribunal
by which all difficult questions be solved and to
lnpl- flu fry
from anarchy. But what Is the commission authorized
TO do They are to deliberate such length they
think and then present report and Congress may
If il thinks proper set their report aside ana decide the
gu sCn Itself without The slightest reference to the
commission their report. This lands exactly where
started FROM viz. in the hands OF Congress; and
may be seriously 2skcd why, IL all questions 10 be
finally disposed o by Congress GO through NE farce oi
consulting body CONFUSED OF Senators represents
tycs and Judges OF the supreme Court IL Is c2rtlnE
provided IN the bill thai The conclusions aIlErd al 10y
this commission are IN I've binding On n0boy ana "EIc
il under obligation To respect ITS decision Than
if 1t had neVrrcxst"d TINS Is point ina. 'hnhot DE
too strongly stated and should be clearly SCI before me
public The fact ~ THIS commission Is an elaborate CON
But viii If succ"cd7 VIII the judges of tho Supreme
Court consent act members o! COMMITTEE Of Con-
gresS. whose report Is to coneinde nCiinSf lhSe gn
uclneil are accustomed 10 eli IN ulpdhi "EONc 90
cisions bavc binding force on the people 81 great ia
ton and we may imagine thai their sense "i dignity
may rebel at beng aSkcd To- become monlD rs El cou
whose findings may he ovciruicd by another BODY hol
judicial in lis character III need not surprise Us u me
Judges decline 10 he PM 10 TINS o2c use ana fe'c I" al'
Oh the commission at al. But admitting thSt TIE votes
pcriorce b. counted ana that nothing $50 can con
ShuuoIdS bt done WIN mem, VINO j. 70 u1Sl' VIZ,
constitutes 'yOo" in doubtful casei THIS Is the
,rst OF The whole subject and the object Of this commit
nicJtiOn is much Ia answer that question "a 10
show That Congress has made I;mcntablr failure Ia
It's attempt to- deal with IT, II, EoWcver, an answer Is
the Cunsluonl Tsc Constitution the votes in
hands OF the President of the Senate ard we Inay
we'll leave them there also. D. L.
In. Etcs,}, y. i E, Jan. Is, 1877.