The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-14
ADyOUR I'm.
The Electoral COMMUNICATIONS Addt-
tisnai Views Of the constitutional
Law.

tienaI Views of the Constitutional
New York SUM-
It appears to us that the protracted
discussion at Washington as to the
powers Of the Electoral Commission,
| In which so much OF learning, OF argu-
ment, and of talent, has been expended,
| might all have been saved, by @ pro.
found and impartial consideration or
| the underlying inquiry, whether the
Commission possesses any power ut Oil.
| What IL the Commission
| Is 1t @ Legislature2 Certainly not. NO
one contends that 1t possesses one atom
OF legislative authority.
Does it possess judicial poWersi Ii
so, It Is court. The constitution pro
vides that the judicial power OF the
Supreme Court. and In such inferior
courts as the Congress may from time
to time ordain and establish
| This Commission Is not the Supreme
Court. although it sits In the Supreme
Court room, and is composed, in part.
of majority of the judges OF the Su-
preme Court.
If it is a courtat ell, it Is an inferior
counsel address the Commission ay q
court. and contend that it is court.
II we may judge from the official re-
port of the proceedings of the Commits
sion, It. is d sort OF onglomerate, in
which the members preserve the dis
tinctive capacities belonging to them
elsewhere: we have Presiding Justice,
four Mr.. Justices, five Senators and five
Representatives, spoken OF, respective
", 90 such, throughout the official re-
port Of the proceedings.
II this tribunal Is d court, then 1t is
unconstitutional for two reasons l.
The constitution provides that the
Judges, both OF the Supreme and Infe-
rior Courts, shall hold their offices
during good BEHAVIOR" and the mem.
bers OF this Commission do not hold
their Offices by such tenure. 2. The
constitution requires that "all judicial
officers shall be bound by oath or
ton OF the United States. Such Is not
the oath prescribed, by the bill, to be
taken by the members of this Com mis-
, sion, and the only oath which has been
taken by them. Latitudinarians in the
, construction of the constitution, and in
! the construction OF oaths, may contend
: that the oath prescribed by the bill is
. In essence the same as that required by
4 the constitution. Carrying 1t q step
: stituted for this one. But 1t is well
, settled that when the law prescribes a
= certain oath, that particular oath must
!, be taken, and swearing to something
: else does not answer the purpose.
= This Commission, then, is neither g
- legislative nor q judicial body. 1t is q
nondescript. It Is q body for which We
find no place nor room under our sys
tenn OF government. 1t Is without form
and void. It Is q monstrosity. 1t is
neither one thing nor another. II is
nothing.
We maintain, as proposition OF con
stitutional law, that the powers confer
n red by the constitution upon the Senate
! Of the United States cannot be trans
d ferred by the Senate to any other body
=. whatever. They constitute an of1icia
q trust in q particular branch Of the Gov
q eminent, which must be composed o
q mem bers above certain age, will
prescribed qualifications, elected by the
T. Legislature, or. under certain circum
a stances. appointed by the Executives o
a the several States. The Senate canno
n deprive itself Of these powers. nor cal
4 it bestow them upon others. They can
) not be vested by the Senate, in whole
h or in part, in any or all OF the Judges o
n the Supreme Court.
> The same Is true Of the House 0
q Representatives Sits powers cannot b.
delegated In replyit may be said tina
N the House frequently empowers com
w. mittee to act. That Is true; but this !
\ merely the House itself acting through
v committee OF its own members. The
l. House could not delegate any OF it.
q. powers to foreign body, to commit
* tee, for instance. composed Of Judge
" OF the Supreme Court.
il What powers. then, does this Com
mission possess2 No powers under tn
" constitution, for the constitution doe
q not contemplate the existence OF sucf
It body; no powers under the law, 10
l. the law creating 1t 10 clearly unconst
n tutional.
8. There Is just one power which thi
,r Tribunal possesses, that Is the power
ut adjourn sine die. The sooner that
done the better. The sooner the Judge
10 OF the Supreme Court return to tn
n bench, and to the discharge Of thei
If proper duties. the more Of that respee
10 from the American bar and the Amer
can people, which has hitherto attende
them. will they be able to carry bac
with them.
ANEW COAL COMBINATION.