New-York tribune., 1877-01-05


str1tc. II by any possibility they are ~, s, ,"s,
honestly entertained. the hope OF AYR agtec!hhcn thn,
differences Obtain They confront us at the close o
exciting q,dreDpill struggle the prize being q,
Presidency and the administration for four years ie
very close vote bewcaD She two leading can'Ias'e' "
IN unusual manner TO the punlc ahNietN dNt
hes the apparent purpose Oi the two great pir.
IN any view IL Is admitted thai referring 10 he Cous,
tiou alone a. our Guide. The sole dic Tor cefH'ilns
done, We have hlt lew wIiu', anu t,DS -.
c,ublc ia insisted Of diaereslt cons ituoi iof
construction il seems 10 me can IL ID, ciai %
Congress IN any capacity certainly not IN te absence oI
legislation hs judicial powers or any othti Io.i
tlan 10 inquire and declare what Ire people lh,o'.n
their electors On The face oi the returns hTe S" - ~
tbriT choice for President In saying 'iis no liV0 ~
Gigh OF toe different theories as 10 how TINS result - W
ne reached and wAO is To declare IT, atn enhva','s w
understood for my present purpose hpi" N''h - :
peat that in the absence OF sous law theIe Il ~ & Ply m
20 investigate aId determine WHe'neI 'iTau "s - ,iso
this StHte, that, whether the law was WISE &c
or un~se ~ providing iot lg iue ,a h"r or a
its Returning Boards |nrtber . hll9iri 9 n ne, h nv in
Thousand tnorc would have voted dntiehiI1 Du 10y ~ h
imid iOn, corruption violence, or ftauh; Wuether NV
Returning OF Cahyassing Board OF tflps"l ~ ~, Z @
reached che tc result .rnm 2Il the lacts before uV va
th Ee: for whatever any one may ih a. ~ ,'o jn.,
eis OF the presiding oihcers' or "i tn W. ,r,,n tbe
separately together, the law, dS gathered rom .c
almost if not quite unbrokcn preecens ifin Use oe5 ~
foundation OF iha Government, MOII ccnH , 81 ,n, ~
teach that our pOwers purely ministerial and ho' 10
all judicial. Ia tie exercise OF these powers, h1Nelu
allow me 10 say thdt do no' suss@9S us ~ ~
means tat either presiding 0ii;'r' or ibuh.t' @ Ul
forum having the right 10 decide woud be Wy
The hc mere dccl ration OF fc.lh up,h tns - %
return II the same paper return. record or tndt W
by well settled rules aud air logic ana iaW Is tC o
shows tha the declaration l. itseiI raise or uiuc'
Mr. Wrght tnen rel rrcl at some len[t ID tue aPph
ment ot Mr. Croin Pre- ,identia. eirc;0r IN OIe-oh
ana said ne acted il lmpt.eiby wires pled py o'nct
He Clr. sri LiO mad no admiration for rae man Nno
couccycs. Cuunmgy dcvIs's a mean scheme ana -
wanting ia courage 10 execute H. lie du NOT e.aGse
thai WHtt was a. pointed elected within the meaning
Of the Constitution; hut his ln"llEmiV da not ''C.
Cr0Hin. tie commented at some length on ihe otcSDh
difficulty ana ASKED Why a could n0t uiite IN tLo con
dennatonoi this gross attempt TO cheat th1 PeoPc u
ne eain referred 10 the power N Congress and the
O!sti.ltIou al the Constitution IN regard ~ tH cOunt
OF The electoral vote and sad: do nOt ID'ich iouDl
that il s competent Congress 10 declare by IN" now
this vote ami shall be cJunitd hy t' ol coh'o,
not to b" understood "a holding tn3t JhG Rams
can dircccd Ihtrusel tO ans other thh ihc frS
dent OF the mate, nor that ANY other th'u 'uy"
dCIt can Oen the ccrtlc't"H' nor tnd, I''cg t. "
opened ~ the presence OF any oter tribuhi -
toan tae senate au1 House OF representative: bht
what mem Il, that Wie an tlc'e HittrIS ar ciriy
pointed ont aud concluded by The m - cAes' EhSud7e
OF the Constitution, 10 would hcNrfHeies Dc 'oinPlt.h'
for Congress, m &C cNccuJ ~ oi tuc iinS .. @ o
votes snail then De counted, TO pEOYhi" Oy law tldt cue
count should mtde for instance, 10y commit GO 90 t'ss
two houses by tc Joint acton of me rc<iS 1tta O
each: by tner action in connection VIII me lNt'ot V
the supreme CoIrt other person or persons ~ .ho
judges Ot the Slpfe ne Court as poar" @ @Ulo. 40 "
cDUr.j, or any Oner iunnurr Ia lts d'cfrlh',n;;
Tnc language: And tae vote shall then DE- coant,l o.
does not, ~ ny Judgment cohnie tie N"hStcss " "ni
Snecin ar exclusive mrthOd OF counting The vote; dhd
vel agrae that it was undoubtedly prlh1riil ~ ,he
minis o the trainers oi te Constitution IId, 'hls uS
st.rial merely 10 be- and would De- pert1fued
by the presiding officer, III the presence o. tie t"9
hOti witnesses and that u might ne 'altly i,s
tn him C is meet that reflect upon the surroundings
of our fathers We may know what Tue constitution
meant when il WIS maze; ana This II what we s!0nd
do i'm all CAGES when come to its construction" NEat
meant then it means now AMI We may l add 10 ase,r-
ianug what II meant thcn repeat w iopsins a. & Mt
tncy were DONG and wnat they had befofe theh Ihey
Internationally regard the lection OF he electors az an
act of le STATE FOR each state was 10 appoint III such
manner as tie Legislature thereof may difect'
a number OF electors equal dc. Hence, & ac-
cording 10 the will OF ts trainers. under this
constitution, the power to appoint coma Dc IouSea
in people IN the Governor, IN tne 81 LeIs ,..n.l
ture in the executive council IN the serrtt OF tp"hs
i'm HE iudyes the highest court, 0f IN any ubhil dc
rUrliuy tue lc gsItyo Will or direction Inc WJie HtJ-
ter OF repeat therefore war lti
Win m. states. 1he framsrs Of tne CJn>Uirn, il'5
rron tle scenes OF the Revolution, with thelr inherited
ha red aud dread VI strong central EOVernHen ooS
iuy aI.o To tuat ncdatc form az government Whlcn
y,l,d a pure democracy well as the semhiincc OF
monarchy and desiring 20 eve 10 tle S'aes tlIOuSa
to select me President haL doubt not mofe fear or ;ne
cenripctal the centrifugal i0fces OI our pOutlcI
- len The tnrOry expectation, beyond any fair
Doubt was that tIc electors selected ~ Tue manner
directed by the Legislature would without any pre-
y,us commtas, sc!ect from tine hJ ana representative
citizeus ~ the nation some one l"r President aIi
another for Nice-Prcsdcnt Ihry hat no ltc'm thdt'
M row prdct.c.d the people wOuld ylfldiY Foic d-
roctly ctli'tAes Tor thesd higl o'uCra; Du,
tinV coutemulat that these electors, dny impressed
~, their hIeh trust and approaching that upon them
deyolycd til. dny without tne tanneiS an tue cJl-
cations winch have since grown up, w"uid cafeiuly
aud tnoughiuy cast tncir votes AMI ceriiiy ue re-
su.t. For what purpose were tIy 10 o9 mus .'tdu'
simply that they mignt be counted and the result as
certaincd
Mr.. Wright argucd that the makers Of the Constitu,
tion contemplate ana ihtehu'n l' Jne WIZ of Eo'os oI
th states rs crriicd 10 by tIe Pt2ident o the senate
sIould e a,certaned by looking at these certificates ana
declaring the result 1t probably never 5h'rred tAeir
mind. mat yhOiy should OF could at the Federal CIo
toll aside fIOm possibly sOulc Inquiry ny proper )hulca
trbMal, question: the right of tlle STATE to seret any
u,.nn lu ght see f., il not c0n5uonal luelllSbc,
ri ia II : own manner to cast us vote for the first aud
d a't ~, i,. Of the nalion Ho argued tnat there was
m sr,ba!ce OF judicial power, or OF power in Congress
to inquire into how these electors were chU3en or
whether they should nave Toted o ior one per-
such power existing in the President oil
tbc Senate, VINO w.N to Open the certificates
/, .trvt.u nor
sIn opening and counting wouid have been Mt war with
m their turnrips the electoral system, and the powers
S rhe s,atcs AMI the Federal Government; for This
would have transferred, contrary 10 elr Intention, Tue
49, ~ ir.ct tne manner Of appointing electors from
t STAT. io ne Federal Congress, some officer there
& ail.! L.. "c art1rs 10 the end that the counting
room OF The President of the Senate, or other
private place or course ye If SPo fhn s,Gi on"
WHAT that vote is the return Shows FOR itsclt
AMI for tne puroses OF me count go Is ,n@ enc q" II
II Is the vote state, some person nl'j deide ton
Mi he tpd c,ruheI but not from nor aided by some
IN rG;> or deh0rs the record VINO Is 10 determine
tiS IN the lirs instance II not hl1llyf 1hs Is the I'M
nrfau and pivotal question. II seems To m' by every
,,y 5y@rurng parliamentary bodies well as by the
iesF M niig and spirit o the Constitution, and IN htr
Ci @ w ~. ,be cotnpOranrops history this clause of
NV, ,stjtnilvn as shown by pacticc aud eacnin<s
Of thc actors therein, tGat tne officer prs''lng
nj the court must do this some onc
| must necessarily he some one 10 preside IN this as
IT, ii i~,n r,j i've bodies. TnIs officer Is
~, % i, r,,for: he Is not simply obses yat0r. fHny
nne.t5n hy ity should rhs arise there must be at
last IN te rsC instance an umpire an aIDcr deter.
,in,l nnvrr His powers be ever limited, iud
t ty must necessarily br sch II the Constitution IA
10 he Is secuted Ilrongn human agencies, of Is no. self
- tiry or operative. adequate primarily TO
r tuc result 40 wt-tne cpuuting ~ tho vote. II Is
both III gc ana practically imposSiDle 20 cocc'Ie tAat
,n. twH brJirs VITA practically equal powers
anil prerogJtyes shaud> constitute themselves or
b.cor in any sense unpies or iiiitrrs upon p)SsDy
cut,4yrrte,l THis view has certainly bren
rrnyl.d as rgut from tie foundation OI thc Govern
nrnt and II neither safely n" warrant i0f Depart.
If
ny nm practice possibly WORK adversely 10 Our Ws"s or
plans Wnat j. risht IN cons lnohdl view III 'he' .!
iinl, nee Of parties ami factions. The Constitution -
nnt an Instrument 10 be MAZE longer or shorter To meet
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