Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-01-23

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thew hsve the best Of it. In that case "the bitter
BIZ will deserve no sympathy, but In either case
an election bv a cheat will be substituted for an
election BY the people Upon the lace oil the oiii,
however, it contemplates the selection OF afth
Justice bv the four named members of the COM
mission, and these four are Justices Clifford (who
will preside) Bourbon democrat, and Field,
democrat, and Miller and Strong. republicans.
The two democrats will vote for Justice DAVIS
la view OF his past antiques with democratic lead
ers. republicans would hesitate to scccpt hln -
au impair ial Judge. If the two republicans insist
upon Justice Bradley. one oftwo things must hap
pcn--euher the dispute will not be settled AZ an,
and in that event the Comu lssiuu ca mol De COZ
slitue1 or il will he settled by lot.
Ill The commission, # once constituted, has
power to investigate ami to lend f1i persons ana
paper-, like any one Of the long-winltd com % II
tees now Al work, hut rs duty viii he 10 gamer
and pass upon all the facts for which those com
uttces are searching, as TO all the quest ions az
issue. Either these committees are an lmpcru-
nence and nuisance, or the tax OF TINS COM
mission will involve labor OF weeks or ncnths.
No limit /. set for It's seton. In decency aud JUS
lice none can be set, iug II CERTAIN men " no have
not examined the questions at issue are 10 have
the right 10 decide them Al all It would he iu'a-
nous 10 require them 10 decide without tull IN
curry and discussion. When can we reasonably
expect this commission to pass upon hall dozen
cStlUts, tAtu INV iNlu Hrfftl-A i-ttes VI Ia
and matters Of fact upon which the evidence al
ready fills many printed volumes
w The commission may or may not get or
ganzed and may or may not reach Judgment
befoie March 4 bat if it does, that Judgment
must stIll be con sdered and passed upon by the
tNo houses separately. la either, the same posi-
bites of unlimited DELAY exist which we have
often pointed out as Incident 10 any plan which
Comedies to the two houses the power 10 20 be-
bind the certificates Of a State. In either house
IN ~ ind ms II
Of the commission Aud tBat minority will have
power. BY consuming few DAYS of time, TO pre-
vent any decision prior to March 4.
V. II is altogether prob that, either
through failure to organize the commission or
through the long d ay incident to inquiry and
discuss ou, first 10 the commission ami aitei ward
IN each house, no result may be reached PRIOR to
the 4lh OF March. Ia that event, the Senate VIII
hold that its Pr, sioent, who may be elected for
that purpose by a majority of its members, will
become acting President. Thus, until another
election can I've held, mar not voted for by a
single one of many millions Of voters can retain
The executive office. We DO not say that there is
a conspiracy to prevent the Inauguration either of
Mr.. H1yes Or Mr.. Tilden, but if such a conspiracy
did exist this bill would be adfoitiy coutriyed 10
that end.
VI. When all IS DONE what have we gained
We have set aside the Constitution Of the United
States which requires that The votes of such cleo
tors the states may appoint shall be counted
board NAV accept. We have broken down those
simple provisions under which the fathers acted,
and which. they believed, would not only secure
an Execu i've Under endent OF oppression control,
hut preclude the possibility OF delay and dispute
as 10 the result Of an election. We have estab-
lshed precedent under which, if special cleo
ton should be held IN November next, precisely
the same machinery could he used to delay dec
laraton Of the result until after the next 4th Of
March, when the President of the Senate could
take another lease Of power, aud the people must
20 TIN ough The farce oil third election. Ihat all
these are possibilities, under this revoutio nary
scheme, can ANY man deny? At some point GER
tainlv, such def at of tue popular will would be
resisted, perhaps by an election by the House.
But that would be counter revolution, sustained,
pos lilly, by public opinion and resstless force,
but destitute OF legality. ln short, it would be
resort to gOvelnm by revolvers, as the only
remedy for goverlmbnt by tricks. This bill, in
possible effect, is simply the Republic of Mexico
reduced TO United States statute.
The Constitution provides a clear path ont of all
these difficulties. II directs the President of the
Senate to count the electoral votes and declare
the result. Il does this because the Constitutional
Convention was unwilling to intrust control
over the election of a President to Congress, and
because the Vice President, being hi chest 10 sta
ton and most removed from possible personal in
tUrcst seemed he most fitting officer h exercise
this responsibility. 1t required the work to be
done in the presence Of the Senate and House,
because it was not seemly that SO momentous a
proceeding should take place in a corner, aud be-
cau~e the presence, as witnesses, OF the body
which had the right to impeach, and of the body
which would then become the court TO try him,
would in itself be the strongest possible moral
safeguard to prevent any Vice President from
abusing his trust. These views are, substantially,
entertained by many Of the ablest constitutional
lawyers in tire country, and we believe it
no longer secret that at the head of
them is TO be placed Mr.. William
NJ Evars. There is no possible partisan
advantage to be gained by overriding them since
if partisan tricks are to be resorted to it would
stu be 10 the power of the Republicans to delay
action until Republican President of the Senate
should constitutonally succeed to the vacant
place. Is it not better that the work should pro-
coed in a legitimate way the accustomed 18th
Of February, under tie binding constitutional
proyi.ion'