New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-19

4
Field. a Democrat, and Miller and Strong,
Repu,licans. The two Democrats viii vote for
Justice Davis. In view of his past intrigucs
with Democratic leaders, Republicans would
hcsitSte to accept him as an impartial Judge.
If the two Republicans insist upon Justice
Bradley, orc of two things must happen
either the dispute will not he settled al an
and in that event the commission cannot DO
constituted, or it will DC settled by lot.
III. The commission. if once constituted
has power to investigate and to send Tor per-
sons and papers, ike any one OF tho long
winded committees now ut work, but us ducy
will be to gather and pass upon all the iacI'
for which those committees are searching, as
to all the questions at issue. Either these
committees are an impcrtinence and nuisance
or the task of this commission will involve
labor of weeks or months. No limit is set for
its action. In dccency and justice none can he
set for if certain men who have not examined
the questions at issue are to have the right I'd
decide them at all, ii would be infamous TO
require them to decide without iuii IN
cuiry and discussion. When can we reason
ably expect this commission to pass upon hii.
dozen questions, each involving disputed
issues OF law and matters OF fact upon whch
the evidence already fills many printed vol
umesf
". The commission may or may not get OF
.ganized and may or may not reach Jids-
ment before March 4 {; but if it does, that Judg-
ment must still be considered and passed upon
by the Two houses separately. In either' the
same possibilities of unlimited delay exist
Which we have often pointed ont as incident
to any plan which comedies to the two houses
the power to 90 behind the certificates Oh
State. In either house there VIII he minority
opposed to the judgment of the commission.
And that minority will have power, by con-
suming a few days Of time, to prevent any
decision prior to March 4.
V. 1t is altogether probable that, either
through failure to organize the commission
or through the long delay incident TO inquiry
and discussion, first in the commission and
afterward in each house, 10 result may be
reached prior to the 4th of March. In that
event. the Senate will hold that its President,
who may be elected for that purpose by
maj ity of its members, Will become acting
President. Thus, until another election can be
held man not voted for by SINCE one OF
many millions of voters cGn retain the executive
Office. We do not say that there is consplr-
acy to prevent the inauguration either OF MIR.
HAYES or Mr.. Tilden, but if such Il conspiracy
did exist, this bill would be adroitly contriycd
90 that end.
VI. When all Is done, what have we gained
We have set aside tho Constitution OF the
United States, which requires that the votes
of such electors IA the States may appoint
" shall be counted" and not such votes as
United States returning board may accept.
We have broken down those simple provisions
under which the fathers acted, and which,
they believed, would not only secure an Ex-
ecutive independent of Congressional control,
but preclude the possibility OF delay and dis
pute as to the result of an election. We have
established a precedent under which, if
special election should be held in Novem-
her next, precisely the same machinery could
be used to delay declaration of the
suit until after Che next 4th OF March,
when the President Of the Senate could
take another lease of power, and the people
must 20 through the farce of third election.
That all these are possibilities, under this rev.
dictionary scheme, can any man dcnyf
AT some point certainly, such defeat
of the popular will would he resisted,
perhaps by an election by the House. But
that would be counter revolution, sustained,
possibly, by public opinion ARD rcsistieos force,
but utterly destitute of legality. In short, it
would be a resort to government by revOvers,
ms the only remedy fOr government by tricks.
This bill, in possible effect, Is simply The Re-
public of Mexico reduced to United States
statute.
The Constitution provides clear path out
of all these difficulties 1t directs the Presi-
dent of the Senate to count the electoral votes
and declare tie result Ii does this because
The Constitutional Convention was unwilling
to intrust any control over the cleo
ton of a President to Congress, and
because the Vice-President being high
est in station and most removed from possible
personal interest, seemed the most fitting Of
ficer to exercise this responsibility. 1t required
tie work to be done in the presence
Of the Senate and House, because it
was not scemly that momentous a
proceeding should take place in corner,
and because the presence, rs 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 ablcst constitutional lawyers in the country,
| and we believe it no longer secret that
at the head of them is to be placed Mr..
William NJ Evarts. There il no possible
partisan advantage to be gained by over
riding them, since if partisan tricks are
to be resOrted to it would still be in
the power of the Republicans to delay action
until Republican President of the Senate
sIfould constitutiOnaly succeed to the vacant