New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-27

srNArE-THE COMPROMISE ELL VIOLATION
OF TIE CONSTITUTION.
To the Bdttor Of The Tribune
SIR In a question of the Importance OF thH
now agitaiing people Of this country and especially
the authority Congress to intervene IN its decision IL
IL not safe lean altogether uron the opinion OF Juss
Their opinions must ia turn be Analysed when they
depend upon tho Interpretation of law give me III
rrrfereuce the keen PERCEPTION critical acumen OF
one outside the legal profession for there is TO be ouho
n more candid Judgment The routine OF the PROFESSION
promotes disposition to give precedence TO the oPec'
and then 10 make the Interpretation conform II there Is
roora TO do it through any couuSuy. As examples OF
this there are David Dudley Field and Manton Marble;
the frs; put forward rs eminent jmist his opinion
heraded by Applctons' print to give 1t extended clrcu
tion. Now. IL you anayze their OPINION upon inc au
tborty OF Congress what Nothing loss than his
fixing in mind the object 10 be attained ana ch in'eF
pretpo the law TO correspond And that Is the wisdom
which the people OF this country arc called upon 10 "
ceve without the least question. Observe the msehei
This has a}reSdy encendered. The bankers and ncr-
chants OF NewYork alarmed for their interests IN the
unsettled state Of the country don't stop to reflect pu
20 OIL hccdlossly and ask Congress to do unauthorized
acts under the guise Of compromise, udernhhhg u'c
sacred fabric Of the Constitution.
The correct method Of interpreting law If 70 ascei
tain the intent and meaning trainers The contest
lust now is upon the construction Of this clause OF 'o
Constitution viz: "The President % the Senate Siau
in the presence of the Senate and House o! representa-
tives omen all the certificates and the votes shall then be
counted" Now observe, very carefully, that the iIel
dent Of tie Senate previously been separated from
the lav-makng power with its privileges aud eXelnIe
lions and invested with ministerial duty As cavasSng
officer; and hun is given the custody OF the ceruu
cafes In the capacity in which lie is required 10 ac he
has nothing 20 10 with the Senate House Of Represent
atives further than perform his duty ia ther pres
o,ce To this they are limited The President Of the
Senate is not directed pass the certificates TO them
After opening. count is TO be made OF the votes ana IL
is ouiiona for him do il or assign the duty 10 "efa
under his inspection for nc II Is VINO, Dy pleiuoh an"
us,e Is 70 declare the result In connection with this
II viii be seen that the Senate during this TRANSACTION
Will be without head, and that it VIII be eqnS'e 10
oipoiut President pro tenn, chairman. which VIII
be simple formiy designed TO MAINTAIN the organi2a-
ton.
Having alluded to the meaning ana intent OF 'he
trainers Of the Constitution guide in The intceta-
ton Of any part thereof and particularly the clause 70
which have referred this portion OF INV argument IS
denial OF any authority the part of Congress to inter-
ferc in anv shape manner with the determination OF
the question. have better arguments, irresistible 100
.and shall therefore be briet on TINS hea Lei Inc H.
oulrer then imagine himself in the situation OF the
authors of the law The certificates, bearing upon their
face sufficient regularity warrant the President OF tie
Senate in receiving them the expressed VIII Of The
people II each State, there remains only simple clerical
duty to provide for. Can he supposed that man en-
dowcd with proper reasoning powers would Snl9ect TIE
transaction 10 political wrangc IN the two
Houses and especially with the present light upon tins
sbicctq The restriction any participation VIII he
heartily commended by true patriot The writer
f1runacl, finds at his band the journal OF the tUs
Session OF The Senate Of TIE United States and pro d9"o
p5eo viii copy tie proceedings under da;e OF April o.
1883, r. follows:
The senate proceeded by hnllo the choice of Pr"s
dent Tor ~, sole purpose Of opening aud cOununG the
votes President OF tho Jn.ed statoS JOnh iI'-doh
6ficicd. Tnat M Ellsworth inform the House Of
mat President is elected for The sole pnipoc {" ov
ng tle certificates and counting the votes OF tt electors
I'm rti;.d states in lie choice % President and
VePtc-dent o the United states, and that Tie Senate
is DoW ready IL the Senate Chamber 80 proceed ~ ihc
he senate nave appointed Of her members to s al
tc clerk Table make inst Of the votes tS thry nan
De docl1red submitting It to me wisdom "I ,' i"ur' 10
appoint more Of thei: icnu.r, ior ME purpose
Jr,,lcntcd he following verbal 10 The sonai
lives to Inform the that the House IS ready fort
with to meet the Scnats 20 attend the opening ana coa
ne the votes Of ,ne electors Tor President al" vice.
~ # fbr Horsr "f Representatives attended
f. The senate chamber for th' purpose proposed Ill Lnc
Iu,ssa deiN red by MI Ellsworth, and amer some time
HE senate then proceeded by ballot election Of
aIresidcni OF thoT body rlo tempore. john LAhSi'i
lie FrsGni elected for the purpose Of counting The
vot. declared 10 ile senate nat me ernar ;il iolr
o. Representatives had met aud thai he ~ theii rtee1ce
had opened and counted We v0Ie. o. ne electors l1f
PI silent and Ylcorresdeu'o Of the United states which
Gr,rpc WiSti,.oi was IN niIr;~iy elected President
fhc cruiirajo Is as follows. pare :; BE it known
THAT TIE senate and "u,, OF 'Piest.'i\os Nc' &C.
sole p;lo-r oil receiving. opening, ana coUAifAs Inc
votes u electors
Uvil bc seen that those members OF the senate and
House vino have entered INTO these proceedings are Vo-
latiug thc Constitution and will the President 90 if
ne signs TIE JiiL b. H. NI"HT
Rome y. J., Jan. 90, 1877.