The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-30
THE NATIONAL ARBITRATION.


The President on yesterday signed the
Electoral Bill! at ten o'clock A. N, and
it became law, thus effsoting plan for
an amicsble settlement of q trouble
which q few weeks ago threatened to
plunge the country into civil war.
Under the provisions of the bill, there
will be tripartite commission, consist
ing of FIVE members Of the Senate, five OF
the House, and FIVE of the associate
justices Of the Supreme Court, and this
tribunal will decide all matters of con-
test in counting the electoral vote, and
will, in fact, decide the disputed Presi-
dency.
On Thursday Of this week the Senate
and House of Representatives will meet
in the hall OF the House to count the
electoral vote. The Arbitration bill
makes this count commence two weeks
earlier than usual, in order to gain, for
deliberation, rs much time as possible for
the Commission prior to the fourth OF
March. Short enough time will be given
to the new President anyway 10 prepare
bis inaugural, but still it may be possible
that ZACH. Mr.. T1LpES and Mr.. HAYES,
have that document already prepared.
The first question raised will probably be
in reiaiiJn 20 counting the cleo
toral vote oil Colorado. This will be re-
ferred to the Tripsrtite Commission.
This disposed of rs to whether Colorado
is State in the Union or not, the next
event of moment will probably be the
presentation of the Two returns from
These 80 at once to the CON-
mission as to which is the true and law
full electoral vote of the State. In deter
mining this the Commission is invested
'with the same power, If any, now pos
.essed for that purpose by the two
Houses acting separately or together"
Therefore the first thing TO be deter
mined by the Commission is what are
the powers OF the two Houses "scting
or togetherT' This is
the difficult and intricate ques-
ton to solve, and upon 1t
everything else hinges. Can Congress
90 behind the returns OF the Returning
Boards OF the disputed States, or the GER
tifca,es of the legally constituted an.
thorities? If this question be decided
affirmatively, then the question of fact
will come up involving the action of the
Florida canvassers. When this point is
reached, there is no doubt that the TIL
DEN case will be q strong one, both as
regards the fact and the law. Judge
in his late speech in the Sem
ate, enumerating the questions to be de-
decided by the Arbitration Court, said:
1t is competent to go behind the certi.
fica,e OF the Governor, and the directly
opposite opinion that it is not competent
TO 90 behind the certificate Of the Gov
ernor. The fifth is that 1t is competent to
90 behind the decision Of canvssslng
or returning board, and in opposition
that it is not competent to do SO. This
question of going behind returning
board has q great many points in 1t. 1t
il held by some that the decision OF re-
turning board may be impeached for
want of jurisdiction. and by another set
that il cannot be. On the one side il is
said that every act done by any tribunal
from the highest court in the country
to that of single individual, il
it is beyond his jurisdiction, is utterly
null and void, and that returning boards
are NO exception 10 this rule; and il be-
yond their jurisdiction, ultra rires, un-
dertske to disfrsnchise people, every act
of disfrsnchisement Is utterly null and
void. On the other hand this PROPOSE
tion is denied. II these returnir z
boards had been composed of the eleven
apostles after Judas Iscsriot lad hung
hImselt, ard were they As pure as human
tribunals could be, yet if they wen. be-
yond their jurisdiction, in the opinion of
some men, their acts would be utterly
void. Then, sir, comes another ques.
ton: Supposing them not TO have
gone beyond their jurisdiction,
but TO have acted fraudulent
". some say that their decision may be
for the fraud, because frsId
vitistes everything, even the decisions Of
a court, and others say that no such in
auiry is admissible nj all. Then It IL
sstd ths, ifthe decision Of q returning
board can be reviewed, the decision OF
all other election officers may in like
msnner be reviewed, and so you would
have TO review the decision Of the one,
or two or three thousand election officers
in all the United States, and see whether
they complied with the law or not. On
the other hsnd, II is said that no such
absurdi,y follows. Ths; is the eighth
case OF eonfic ing opinion. Then the
ninth case is this: Ii is said thst
il the acts or COMMISSIONS Of election off,
GERS can be revie vel, the qualifications OF
the voters. the people themselves, and
all the circumstances Of the election, OF
bribery. intimidation, etc, may be ia
luired Of; and that the proposition Is
denied on the other side. Then tile
tenth case is: Tbs, the decision OF the
State court as to the powers OF her Re
turning Board Is conclusive. The opp
site opinion is that it Is not conclusive
Then tie eleventh case of sntsgonism is,
that in adjudicating what are electoral
votes the strict rules OF courts OF Law
mus, govern in the reception of tssti-
muny; and the opposite opinion that
broader rule, the parliamentary rule OF