The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1877-02-03
IGNORING THE CONSTITUTION.

Reflective men in their examination
of the electoral bill are forced to the
conclusion that the instrument desip-
mated the federal constitution is made
quate 10 the present circumstances and
condition of the American people.
There can be no question but that the
ahlest statesmen in the Union, irrespect
i've of party, have given their adherence
TO this bill, and, when the reasons that
actuated them in that support of the
measure are analysed, the unspoken
indirect confession is wrung from their
acts that the Constitution of 1877 is not
suited to The emergencies OF 1876. That
we have outgrown the garment that
fitted our young limbs eighty-seven
years ago and that that garment must
be relaxed. or be burst asunder. The
compromise bill is confession that the
organic law is inadequate to the eme=-
gency that IL upon us, or, it is an open
acknowledgement that the American
people are incapable of self government
under any compact that the wisdom
and ingenuity of men can frame.
Sophistieai arguments may be, and
have been uttered, claiming that the
compromise bill is not extra coustitu-
tional, and that warrant can be found
for it in twelfth amendment TO the con-
stitution.
1t must be found in that amendment
if authority for it can be found any
| where. That amendment declares that
the president of the Senate, in the
presence Of the Senate and House of
Representatives, shall open the certiii-
Gates OF votes made out by the electors
Of the various States, and the votes
shall then be counted, the person hav
| ing the greatest number of votes TO be
| president, If such a number be a ma
jority OF the whole number of electors
appointed and if no person have such
majority, then, from the persons having
the highest numbers, not exceeding
three. the House of Representatives
shall choose Immediately by ballot q
president. This is the exact substance
of the article of the constitution under
which the commission having five
judges, entirely disassoeiated from the
House and belonging to a coordinate
department of the government, finds
authority for its action. The rule Of
Interpretation ofthe federal constitution
mot State eenstitution) is iniiexible
and as firmly established by concurrent
and repeated decisions as any principle
ever known in Law or polity, and that
rule is. that asthori.y mus, Be found IN IL.
constitution 'tsssf for every act Of Congress.
If the twelfth amendment authorize.
Congress to delegate its authority K
control and count the votes, an author
ity, as Jerre Black says, it has continu
ously and without questioning exercised
for over eighty years, then it msy hav.
been competent to establish commits
sion; but ought constituent part o
that commission he the Supreme Court
of the United States, or five member,
thereof who should not and cannot de
tarmine political or legislative questions
under our system of government. as un
derstood and expounded for nearly
tcentury, In looking at these startlin,
Observation-Disclosures eoncurred in
and eloquently advocated by the ables
tatesmen and jurists of the age, we ar,
| driven irrisistably to the conclusion tina
| all parties tacitly confess that this ven
Grated instrument, framed by our fore
fathers. cannot embrace aud properl,
provide for the possibilities of the pres
ent age, and that we are forced in des