The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-06

ss; time ana an, in s
ss che %s II ss: On rs,:s :ia
::s SS, e ~
sss no, wss & IN svsya ssssa 70 mis- sS
s'Is ag,sImiSs %s,' s Es @ ~: !:
tSssal hYaofs scasas5sa.a tSsi q: sSaa! g
pS % sf %y can an Sc no Sc
sSyyhsSs Yef.Sss 9S,d %sI,S ga,
0IS So n is sh ssss
Sk Tne are T. have % 70 n,,s 81 ear
%sfs and he o. can any only earn BY external sq hat
@ Of P prsssn cssS az , ' sa
statSn preceding to declare bis cr.y says tina,
az 'Ss Y'ss a $ ss",s E. $Sss
Se useIt ssSsa. which se were 'c O bay sS
which must be counted ln that case IN, supple phrase,
s ss sa 1sss sgs ss' o he he
a ss ps e OS as T a
70 him under color Of beng such sosass M s, Con
moi tod Ssi hsrs saaiiS sSSS; 4, r.
pr, Ss sSt sSS h" u,souSs. Re Sn % @S SUs
%S;: ,ShySaS ssiors ISS
ne nature The cas- may seem 70 require IN order 70
inquiry, and % wSs,SsT yos @ dssominae i jaiieal or %
sp, oS % i Is m 70 G be ~ ags sns the Pows,
in terms nor provided with any pos-b'eesns q ever
aud is ic 10 Implication that Is % he exercised by
those who may have aston to act officially on the re-
terms Of The Constitution and q pericrm,ncs OF duty on
The Of course the l,sa vocs-are 10 be
counted The count Is the merest Of Idle ministerial
y n,e,Sn'sd sSsn, to The pows 9! ecps
STy wssn IS Obliged e @ act UPON S iha, (WHICH When
.sS%sSIy the nr., 'I and primary a day Of each
81 on S I To SSIs s sd o nSw another s sG
70 the Wee sdency l. 10 reognikc that coordinate de
may count No mortal man can doubt about The count
S s n n a TO S m y e ss
aud officially recognized and u Is The duty Of the House
whether ~ ssssncy has srn which render. il is duty
S 10 & he ' s yG or %snr q % iSs'f s DeSn
SsanS 5 vsp s Is ssI "a ' ,asi Ss + @ n.
,sas apple, % ;he senate il resren.s 70
called upon ~ lke manner 70 recne the tact OF an
Sy e and S sSw M % II % nS sd % s @ a 1S 70
esed to elect Vice President attach no importance to
nature ot the thing FROM the laws nwrought into the
iact that those VINO have 10 act fay are The
who must do whatever may b. necded for the purpose Of
In conformity win tnat count founded upon their pr.
ssary Now ,he result OF uis construction !. that
nned IN me ,Xersi> Of any functions he may have TO
and that th' duiy oi eAcresnS any higher function pre-
hnary 70 ,hi' mere formal indl uiable sort OF act the
III, count bnt no man or no bod autlof1rd to make
srecuvely And thus power is Introduced, not BY i'm
pneauon of any forced nature. but nom the abso-
claim that tie power was u tiosc ei.cs Now 1t is
m 20 =. ai'lI',1 a nor sna We 9ue,non II nsrs nor
united action have constituted body OF placed ii
usauon might have been made, aud how lar Congress
mshi have gone to makc t!c action OF ihi' body obl
i q "A he a
Houses had the power they di not exercise Il prior to
sacucniS to III. d,nca,y by lie eonsttuon oi % III.
here. lie Two oa,cs have fe~cTSed 10 thcms.yrs tis
privilege OF coming. by aconeurrent vote. 10 different
Now its 10 be nctScd tkat each Of hose sodic. ha.
pp"c. onsh or pae ' es e
which Il MAY be sed TO pass either before OF after the
though not with the formahues OF Jury under the
Si poes s. '9a mss s al he ss ssi.
and circumstances that are necessary 70 be- known in
just aud righteous decision our construction thus
eenIcncy Arising Z. IS cc % he y' po@Sf w. 10
do Tnas.er s was be ne1ai"i ,Sr hs agcomgl;hment
'irucuon' The whole argument ae,nst it rc-
argument ol the midnvcncnt-he n,ga. aisa ad ~.
,.a'1','rl Iho;c Who woa,d seek To- ria,p and hold
claim th7t It would lee inconycniD nj 10 take much
trouble ni.h he necessary To- investigate and rishuy
dcirrnnc on pfoqf- the question OF their delinquency
and ils iasn o. their claim Ihisi ihe comment rlga
o all The persons Who ~ ~ ial-ey ~ irau1ulenuy
coniiNci uc when nn effort = made 10 strip tlenl q
or appropriate tribunal the fnlicy OF their clam, and
the necessity 10 the ,ud OF Justice, OF having that acy
And now lci a.. see where stands mat arsumant
tested by the ordinary principles which may gather
nom tls ,Ngenence OF mankind AMI rom our Hcncral
entered upon must nee,sary lead " lv parties zee ~
OF ever, one of OF the rler,r, acns M, aSh
lfyou lay down The rule and adopt the principle hat you
,he mi,,h,cis must ncces.a,ily lie 80 eTeat ,hat II
:
To enter by the most unhoy o All avenne.the avenue
ficd%ncS @ o the t"eG tc. iSai H % 1 G' to- .uS eS
m 10 an mat, or TO any other more enormous eNilLi
the shocking ami mostrous Inconvenience which would
cccnon Now lei Il. See wst there in tks broad pre-
senanSn & G o'sf%hSinns ~ reS ,a} IT. is
but that II Is impossible 10 tell what another party may
rics very much iniesd-and ,hat in laying down
s pHa,Pf ,aI mi Of acton If y9S msy establish 5 M lns
and inolcra1le, may be warrnncd BY law and may he
analogy nl bccan~ in writ oi quo warranted in The
inquiry into the ue oi an individual TO an oiicc you
uon o every ii'dua voter Now, the answer 20 all this
perceive apple. es much 10 lie ordinary wit, Of quo
warrSnto ~ regard 10 ordinary officers II docs TO hi,
ecri oi s Of court. Could ever co%iSci Shn The CON"
pas, ol any human lifetime the Investigation which
officer Therefore this aqanr,n od iHo,'ni'n'"p Is ~
gesicd Hut II the learned commission please tic
place before either Hou,e of Congress. before
amy commission appointed by them. would be
governed by the same printip m general
iunsprudcncc that apply the doctrine OF proceeding by
quo wArranto. AMI one Of tho- principles Is that no man
hasa fis Ia the wrt ol quo warranio a, OF eour, pr
matter OF discretion Nuuo rrus cases are ciied hcr on
the other side 10 show thai has Away been treated ~
matter o discretion Ii j. IN tit power o the supreme
tribunal ncung In the name aii mag sly o thl people,
when alpl,d "a tor writ u quo whrrahu % allow At or
not dcr all The ahncos may BE- thought most
oon'.tent with the pubhc nleros III. ends ol justice,
ami the convenience ui society ana hy censequehc. this
eNpand inquiry can u, yer lLe place % writ Of q99
wafTanto II never would be allowed. No court would
ever permit the writ tO issue ud nev,r docs 81 with
ont statement al the points intended To be nHie,
and Wrfv necessary in alOwih- tho writ. tho Court
would lay restraint on the party as to what point IN
question he must make. ulaL in all Investigations,
Ndun Ia hold ur exercise public ulhc, II II IN tAc dis
crrton o the tribunals L. SAY how TAR they VIII 80 ami
1t j. IN lour discretion II would be- IN tho discretion of
either House Cogrcss acting Tor lis own ndNicc nnf
dlrct ton 10 the President AMI Nlcc ifcdunL TO de-
tormmc whether IL would conscn io permit an intner
able inYc alton Of TINT description so much i0r the
1fgm,it1, ,ni0s Ithus no Application. IN, re
never would be- found n necessity Tor IL
Now in rvgurd 10 the legal question resented. 10
what power each House of Congress hnd under existing
laws and what powers, consequently, uils commission
can ekerci- We say, the learned manager Tor thc
House stated IN Opening this Cnse mat er" Ia no Vchi
cnl legal lnnt barrier Ia IT, but uat You S.rciSe the
same high power Of the Cove rnm,nt mat MS always
been exercised IN such questions even IN the Courts OF
Common Laws to which Applrauun II nude Ia obtain
the writ NJ puu MHrrhnO; Nt rNer@ The -ainc d~rnr
ton and you limit tho inquiry Mhcn lhc point arisrl
within hu-c limits that ,cuEd by necessity and
convenience. We say that there II no lmit tO the