New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-20
VIEWS OF PROMINENT LAWYERS.
THE COMPROMISE AS 1T APPEARS 70 DoRMAN

COMPROMISE As III AfPEhho ~ Doh"hN i'
EATON AND f. W. sToUGHroN.
In an interview with a TRIBUNE reporter
last evening Dorman b. Eaton gave his opinion AZ fol-
lows in relation TO the plan submitted TO Congress for
the counting OF theelectora for President and
VicePresident:
"There was think an omission in the Constitution to
provide no should the votes, and the performance
OF that duty left to Inference As the President OF
the Senate s made by the Constitution the custodian Of
The electoral vote officer open the certificates,
II Was the most natural Inference in the absence OF any
express provision that he also to count them The
actof of the Convention itself and Of the first Congress
was in accordance with this interpretation The Presi-
dent of opened, counted, and declared the
the first and upon several succeeding elections
This seems the most authoritative interpretation
the Constitution could have, short OF decision III the
Federal Courts Chancellor Kent took the same view OF
the matter In his commentaries, which Is
the highest elementary authority on the subject.
Judge story, in his commentary on the Constitution
uses language which shows, think that he agreed with
Kent, but being himself judge he very properly with
held any direct opinion There has been interpreta-
ton the Constitution since the above which seems 10
me strong enough to Overurn these earlier precedens
therefore believe that Is the right OF the President o
the Senate his place in the Senate Chamber to open
count and declare result Of the electoral votes now
In his custody think II the duty Of the members Of the
House TO attend as spectators at that count but they
should not do 20 think the count would be none the
less effective. This view seems to have been that OF
Chancellor Kent Yet under the authority given to Con
gress by Constitution to pass laws for carrying into
effect all powers vested in any officer known to that III
strument think Congress can by law regulate the
manner Of counting declaring the electoral vote and
NAV PERHAPS entirely regulate the authority Of counting
which the President Of the Senate has only by mplca
ton
y"How far Congress may control the exercise OF the
authority OF counting and declaring the VOTE, Mr.
.loxf.,rr
tons involved in the whole problem Of this election
Notwithstanding these convictions do not think 1t can
be claimed 10 be so entirely unquestionabe that the
mower OF counting and declaring Is In the President OF
the Senate and especially beyond the control OF Congress
as 20 warrant dem0ralizng and dangerous national
agitation in the attempt to maintain That power IL
certainly unfortunate that Congress has allowed so
important power to remain without clear provisions
for its exercise. To subject difficult aud intricate In
itself there added the suspicious and anwosities
Of party and all the power OF reckless intrigue
for the control Of nation. Under such c:rcuin-
stances party or statesman should STAND out
ON nice theories of constitutional law; and GER
tainly it is not a time for yielding to partisan
dictation Nothing do more honor to our
national character show In times Of great excite
ment that capable OF calm and just appeal to
principle and law i'll. the best form III which IL Is pract
cable during the short time which the crisis allows us for
bringing them to bear the issue We must not forget
merely the construction OF the CONSTITUTION
and the present triumph Of the parties which are i'll
volyed but the yepose Of the public mind and te pros
perity OF all industries. Stern judgment VIII be
passed those Of either party who shall attempt "
secure power by appeals to passions and tecnicaities
think that both parties ought to submit to the
best method be devised for bringing the whole
matter to u decision nearly judicial as possible Tile
bill reported by the Joint Committee. it to me.
substantially that result, aud If member OF
Congress should certainly support IT, IL Is impossible
10 tell which party candidate will DC the gamer by
suc. method decision, but 1t is certain think that
IN any event il will be beneficial to the nation This
crisis over shall probably be wise enough 10 provide
better for the future"
OPINION OF T.. W. STOUGHTON.
The opinion of T.. W. StoughtOn also sought upon
the proposed compromise Mr. Soughton said that he
read the leader The TRIBUNE Of yesterday with great
interest concurrng heartily In the position taken lie
thought clear and concise statement OF the poNtca
sitlatlon the country. He said Nut there is ono
point which ought De brought out very clearly When
the trainers Of the Constitution In session, they
thought of other construction being put upon Their
words than always has been put upon them "heh
the committee reported To the Convention the void
ing was that the President Of the Senate
had the power TO open the certificates and count the
votes without any vote being lken and from simple
the words In the presence vi the senate
and House OF Representatives. interpOated The
ca evidently was that the Pfesdou Of the senate, an
officer elected by the direct vote Of tue people, ana not
nv that body was the proper agent Of the people The
senate having the power ~ inpeach him, was to DC
TO put check upon his aetions and the Repre-
senatyes of the people we're ~ be present Dy right
Mayor Ely favored any plan In the interest Of fair play
He Ind not sonsdered carefully the report Of the n-
ference COMMITTEE, and not ready " exprcss an
opinion it, .mchls lie was In favor OF u on seh
,r,unles after reading IT, ANY reasonable compromise
or 5, meme agreed upon by moderate uen VI both pafues
was better tnan the present UNCERTAINTY