National Republican., 1877-01-20
OPINIONS OF THE PRESS
On the Scheme Proposed by the Joint Com
mittee to Determine the Presidential Con-


New York Tribune, Januaryisl
We beg to commend some considerations agairs
1t that seem TO us wtghty:
81. II Is revolutionary. 1t sets up United State.
returning board, clothed with powers not con.
ferred By the Constitution upon any man or body
of men.
II. 1t involves the possibility of election either
by a cheat or by lot.
III. The commission, II once constituted, ha:
power to investigate and TO send for persons and
papers, like any OF the long-winded committees
now at work, but its duty will be gather and pass
upon all the facts for which those committees are
searching, as to all the questions at issue. When
can VIC rea sonabiy expect this commission to pass
upon half dozen questions, each involving dis
puted issues oflaw and matters OF fact upon which
the evidence already flls many printed volumes.
~. The commission may or may not get organ.
lied and may or may not reach a Judgment before
March 4 hut II it does, that judgment must still be
considered and passed upon by the two Houses seDs-
rately. In either House there will be minority op-
posed TO the judgment of the commission. And
that minority will have power, by consuming 4 few
days Of time, 10 prevent any decision prior to
March,.
failure to organize the commission or through the
long delay incident TO inquiry and discussion first
in the commission and afterward in each House. no
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 majority
of its members, will become acting President
Thus. until another election be held, man not
voted for by single of many millions of voters
can retain the Executive Office.
VI. When all Is done, what have we gained? We
have set aside the Constitution OF the United
Sta,es. which requires that the votes OF such elect
ers IS the States may appoint "shall be counted
and not such yotes as q 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
Executive inds pendent OF Congressional control
but preclude the possibility OF delay ana dispute as
to the result OF an election. We have esta blished
precedent under which, III special election should
be held In November next, precisely the same ma
chinery could be used to delay declaration ofthe
result until after the next 4th OF March, when the
President of the Senate could take another lease Of
power, and the people must go through the farce o
q third election. That all these possibilities.
under this revolutionary scheme, can any man
deny? At some point certainly, such . defeat OF
the popular win would be resisted, perhaps by an
election by the House. But that would be counter
revolution, sustained, possibly, by public opinion
and rcslstess force but utterly destitute of legal
ity. In short, it would be resort to government
by reyoivers, the only remedy for government
by tricks This bill, in possible effect, simply
the Republic OF Mexico reduced to = United Sta.c
statute.
New York Times, Jan. l9.l
Senator Edmunds protests that the understanding
Jointly arrived at by the committees appointed TO
provide for the count of the electoral votes
be called compromise. We fear that the word is
inappropriate, because 1t expresses only in part the
real nature of4he proposed arrangement. That, so
far as the Republicans concerned, is more than
a compromise; it il an dbda doHnent Of the position
they entitled to hold-a surrender ofthe method
sanctioned by usage, and ,ehich protects the right
ofNe States to d.termins the regularity Of their
specific rotes. 1t is moreover, surrender which,
Instead Of quietly settling the points in dispute,
lays the foundation of much bitterness and discon
nj nd 1ra inf IN af vita l,infh
Judges Of the Supreme Court at time when they,
sfall men. should be protected from the taint. Of
the tnco great porties tohose Interests in Uole,d
the Democrats alone haze reason to rejoice. They
have succeeded In cXactinE terms which give
mp ground that might have been held.
The world will now believe, and the authority
of select committees, that the Federal Constitution
cannot endure the strain OF = closely-contested
Presidential election. and thst to meet an emer-
gency which adherence to the letter of the instru-
mt might readily have overcome 1t is considered
necessary 10 construct rickety piece OF machinery,
which will neither harmonize with other parts Of
the system contribute to the faith Of the people
in the sigaeity Of their rulers.
The worst feature of the plan Is that which con-
stltutes five Of the Supreme Court Judges arbiters
between The two branches of Congress. A readOp-
tion of the twenty-second joint rule would,
matter OF policy, have been preferable. 1t might
have been more direct concession to the demands
of the House, since it would probably have PFC
the President of the Senate In that however,
pretense Of patriotic impartiality could have
disguised the fact of surrender, or shielded from
popular thc legislators responsible for
II. Trust in the sufficiency of the Constitution
would have remained unimpaIred. The highest
judicial tribunal In the land would have ret,ined
untarnshed Its title TO the confidence which its
dignity and usefulness depend.
philadelphia Press. January I9.l
Considering the desperate nature of the ADVERSE
ries of the Republican party, and the despicable
acts they are now employing, the only question
worthy Of serious consideration in connection with
the plan greed upon is, whether 1t any other
promise is necessary Tor the peace safety and pros
perity OF the country.
tHartford Post.1
As an original proposition we should have no OBJ
lection to leaving the case to the Supreme Court,
being confident that the Republicans have case
that will stand the test OF judicial examination;
but after some examination of the point we are
convinced that Congress Ii no constitutional right
TO act national returning board; that whatever
of discretionary power exists rests In the bands of
the President of the Senate. But IL Congress sees
fit to usurp the power the President OF the Senate
being but one man, has no power to defend his
thority and must yield to the superior power.