Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1877-02-19
NO CHANCE TO CRAWL OUT.

NkWs pointeo OUT tnaS W operauons OF
the Conmissien which Il established
must clearly b Of . partisan nature.
Each Of the two great national political
parties hsla widely opposite views re-
gsrdins the powers Of the two Houses
in counting the electoral votes. To
imagine that either aide would change
its views on account Of The arguments
Of counsel. was absurd. Upon the
selection Of the hfth Judge hinged the
entire question. The Democrats knew
this. and their solid vote In favor Of the
bill was like the desperate efforts Of .
gambler. who stakes his breakfast money
In hopes Of gaining back what h has
Lost. They knsw perfectly we'll that IL
q Republican Justice was selected by
the four appointed. he would 60 into
the Commission with Republican views.
and declare the election Of Hayes.
There was . chance. however. when the
bill was passed. for the selection Of
Davis. and the Democrats preferred
taking this chance TO allowing Senator
Ferry 10 announce the election Of Presi-
dent n his predecessor have done
before him.
Now what Ia the rssuiti Justice
bradley. . Republican. was selected a.
the arbitrator. He went into the Gen.
mission with his Republican opinions Of
what was right and what Was wrong.
OF course he voted according to his con-
victions. AID for doing % he Ia now
denounced by the Democratic press as
'.partisan." This Is not merely unjust;
Il Ia An insult 10 the nation. The DEM
ocniic party. with s~verythisgt to gain and
nothing to lose. proposed this ''con-
promise" a. they called II. The Rspub-
iicans. with every thing to lose.
aud nothing to gain. relying on
the justice OF their cause. accept
I'll 1t. Both parties we're In honor
bound tn abide by the rulings Of
the Commission. which 10 the creature
Of their w making. And the party
which now forsvsars itsslf. or attempts
by delaying the counting OF the vote.
to rsndsr tho compromise imperative.
will damn itself 80 sffsctually that the
people will never again have any faith in
it, professions.
When the Democrats made this con-
tract with the Republicans. they under
stood thoroughly what IL meant. They
knew that II was the Last act In the
drama Of Tilden's famous ''still hunt"
In all probability the Democratic can
didAts fer President approved the meas
urs. or il would mover would have pass
ed the House. Democrats knew. SAM
uel J. Tildsn knew. that IL the bull be-
came q Law. and tho fihh Judge was q
Republican. the Republican theory
Of counting electoral votes. which
il the theory Of the men who
framed the Constitution. would pre-
vail. Justice Bradley proved to
bs the fifteenth Commissioners. Nov
what il the Republican theory upon
which he was bound to act. in accord
ancs with his we'll known convictions 2
Representative James A. Garfield. Of
Ohio, himself . member Of the High
Tribunal. very clearly sIpoundsd the
theory which every Republican hold.
In q speech on the electoral bill.
delivered In the House Of Representa-
tive o. the 26th Of January. In opposi-
ton to the passage Of this absurd law.
This speech was made before the bill
was passed. so that every Democrat who
voted for IL. must have known precisely
What ground Republican members Of the
commission would take on the question
Of going behind the official returns Of q
State. Indeed. the argument OF Gar.
field outlines the decision Of the tribu.
nal in the Florida and Louisiana cases.
He says:
"Ths'crsation Of . President under eur
Consultation. consists Of three distinct
steps. Frat. the creation Of the electoral
colleges ; second. the vote Of the colleges :
ans third. the opening and counting Of
their votes. This IL the simple plan Of
the Constitution.
The creation VI the colleges Is left sbss-
lutsly 10 the States. within the ave limitA-
ton I had the honor TO mention TO the
House . few days ago /; nnt. Il must Be q
STATE that appoints electors ; sesoad. ths
State 10 limited ~ 10 the number Of slec-
tors they may appoint; third. electors
shall not b members OF Congrsss. nsr
onicers Of the United States; fourth. the
time for appointing electors nay Be hIsd
by conyrsss; and fifth. the tine When
their appointment 10 announced. which
must be before the data for giving their
votes, may alss BE- fxed by Congress.
"These Ave simple Limitations. and these
alone, we're laid upon the States. Every
other act. fact. and thing possible 10 be
lone in creating the electoral colleges. vas
absolutely and uncontrollasly in The power
Of the States themselves. Within these
Limitations. Congress haa NO more power
10 touch them In this work than England
or France. That 10 the first step.
The sccond 10 still palmer and simpler.
namely, tho work Of the colleges. They |
were created - an independent and ssps-
rate power. or sci Of powers. for the sole
purpose Of electing . President. They we're
created by the States. Congress has just
ono thing 10 do with them. and only one;
ID may M the day when they shAll meet.
By the Act Of i792 Congress ixed the day
as IL still stands In the law /; and there the
authority Of the Congress over the colleges
ended.
.'There WAS Q later act. Of 1915. which
gave to the States the authority 10 provide
by Law for filling vacancies Of electors In
thcsc colleges; and Congress has passed
NO other law on the subject.
Tho States having created than. the
time Of their ~assemblAgs having bean hxsd
BY Congress. and their power 70 an vscap.
cies having been regulated BY STATE laws,
the colleges are A. independent In tho sx-
sreiss Of their functions a. IL any dspsrt-
msnt OF the Government within its sphere.
Being thus sqnippsd. their powers are re-