The New York herald., 1877-01-23

kr CAMERON. trepl of Pa, ssId bc could 80 70 uoo
was wrong He looked upon II as democratic meas
measure IN the interest or fildcn and cslcu-
from the democratic senators in regard to
the bill He was prcjudiced against 81 com.
promises Every comprom'se maao nnu Do.
making IT, The author Of the Missouri compromise
was ruined, and he lMr. cameron) hoped tho senator
from Vermont fMr. Edmundsl would not place himself
in position to DO ruined, because he (xr Cameron)
loved him. rhrce members OF the Select Committee,
on the part Of the Senate, had voted 70 grafify
their opponents He did not believe thcre wore
three members of tho democratic party IN the senate
who would vote against the bill He objected TO the
bill because II Judges OF tho Supreme Court part.
Tho commission authorized by the bill was
other by getting tho nhh Judge on its mde. Row
would II he after that Court decided
!, would be- after places for his sons sons,n,sw and
cousins (Laughtcr.l Hc thought tho republicans Ia
tho goodness OF their hearts had given away too much
to their democratic friends
Mr. EpMuSps again gave notice that ne would on
dcavor have vote taken before the Senate ad.
Tho senate thcn wont into executive session, and
whom tho doors wero rcoponed. at haIf-past ious
o'clock. adjourned.
HOW SOME LAWYERS VIEW THE JOINT COMMIT.
TEE rLAN--A BRILLIANT ExrEprENr BUT
DANGEROUS pREcxpENr--ts IT coNsTrru.
TIoNAL?
In view of tho reported intention OF tho Bar Asso.
citation to cali mcctng consider the constitution.
atty OF tho pending bill for settling tho electoral vote
muddIo, cnort mado yesterday by representa-
tvcs OF tho HERALp to OBTAIN tho individual views OF
OF the loyal profession on tho subject All
tho gentlemen called upon considered tho plan brill
liant cxpcdcnt, but feared It would provo a vicoas
precedent The drst lawyer questioned was Mr.. Sam
uclJ Courtney cx-Unitod States District Attorney.
RnroRrER--l understand, Mr.. Courtney, II is pro-
posed to call meeting OF tho Bar Association to
iona tv the In
rotating to tho so.omont OF tho electoral vote II
you have givon tho subject any consideration should
ike TO obtain your vows
rAiR, HONORABLE AND covsrirurioSAL.
Mr. CouRrNEv--From tho timo tho controversy 70.
spcc,iur the electoral votes OF LOUISIANA Florida
Oregon bccamc subject OF discussion have exam.
incd with tho questions involved in the
counting OF tho electoral OF those States and
concluded that Congressional action would have
resortcd to for tho purpose OF overcoming ths
difficulties never believed that the constitution
In tho Vice President-thc presiding oiccr OF
tue Scnatcthc right or tho power to act judciay In
the counting OF tho electoral votes
REpoarER--what do you think OF the bill now bctors
the Senate for regulating the counting of the electoral
votesY
Mr.. CouRrSEY--I believe tho joint committee Of Con-
grcss charged with tho duty OF framing a bill Tor tho
counting Of tho electoral votes have performed that
duty consccntlously, without partisan icelng, amt
patroucaily. believe that on tho 9TH OF November
last ridcn and Hendricks were lawfully ccctcd
by tho people President and Woo President OF the
United States Others differ with me, and IRON then
standpoint honestly believe that Hayes and Wheeler
elected. In tho history Of the government no
such state OF affairs has existed tho present
shows Partisan feeling has been excited, sefinteres
brought INTO action and party spirit - plainly y,so.e
question: out OF politics and to md way by whiuh
" should be solved honestly, fairly and withou. viola
ton Of provisonR deem the bill pre-.
sontcd by the joint committee as fair and honorable
ana IN strict compliance with tho terms OF tho conss
stsrn ~. tab nvn IN nslnt,p 0u
partsanshp, Will cordially unite In urging the Repre-
sentativos TO vote for IT, Already The effects. OF
its expected passage are felt In this CITY. Nor.
chants aud business mon generally are worry
much encouraged, aud anticipate ON ts adoption pros
Inc community should sustain il as The ooly solution
OF the extraordinary and unprecedented tauglc OF
o"mc oUsrr 10y ~ s%s on w
pc whether Tildcn or Hayes has becn elected Pros
ident, aud whatever Us decision may be am sasled
the people VIII DO content
REpomrKR-Have you talked with any Of tho MON.
bcrs OF tho legal profession 10 ascertain their views
Mr. CouRrxEy--Not to any extent; havo discussed
II casually with some, aud those gentlemen agroc with
me substantially IN the views nave given you.
REroRrER-Have you looked into tho question Of
tho Oregon votof tt
Mr. CouRrNgY-I have looked at the decisions IN
different States referred 10 by Governor Grover Ia
ience OF his action. am not prepared 10 say whether
as matter OF law he Is right or wrong In his conclu
sous. No WI, pretend 10 claim that tho electoral
vote Of Oregon, lar us Cronn 10 concerned, should
DO cast for rilden. Tho returns from Oregon show
that the electoral vote OF that state Hayes
aud Wheeler, and morally they are entitled TO the
three electoral votes. would not give much for Mr..
Tiden's chance II he depended upon tho electoral vote
ol Cronn to make HIM President The legality Of the
election OF Watts Is a matter which must bs dster:
mined by tue tribunal 10 which this matter In all
probability will DO referred.
Mr. II. l.. Burnett gave an elaborate opinion on tho
suSjec, legally he said that ever since tho ann ounce
ment OF the vote he has thought that II would be 10
sne future welfare Of the republican party 70. tho
republican party should go into possession OF tho gov
crnmcnt while there existed we'll founded doubt
the minds Of large number of independent ana right
minded people II would turn the sympathy OF that
element strongly toward tho ranks OF the democracy.
On the other hand, II tho democrats secured power
while many people beloved that fraud and violence
had been cxorcscd by them In Florida South Carolina
and Louisiana. this same independent elcmcnt would
oppose their administration and end their lease of
power at tho next general election
Observation-Disclosures OBJECTIONS" TO THE PLAN
After making these preliminary and general re-.
marks Mr.. Burnett addressed himself to tho legal
aspect IN which he has viewed tho plan proposed He
I'll have carefully examined ths bill arpotutipg
the commission TO count the votes, and have read with
interest the very honest and ablo speech Of Senator
Edmurds. To my mind therc seem 10 be insurmount.
able obJcoti0ns to the plan. As lawyer would OBJ
ect TO the supreme Court any member Of II taking
any part In She dccison Ut question involving the
Interpretation Of tho constitution, except upon the
proper presentation Of such question TO that court In
sion had acted and these ave judges had formed aud
expressed opinions on this question should bo
emergencies il might bel what strange position thcy
would bc in, having In an extra judicial capacity al
rendY decided upon IL.
Then again, this act TO have force ana effect would
have TO be signed by the President II then clothes
the House and senate, without the authority sane
ton OF tho President by JOINT action to nulliy the
acts OF tho very tribunal which II creates Thou
have tho paradox oil tho House and Senate nulying
and destroying that which u created body 70 per-
form.
again thero s a law which prohibits any person
from holding more than one ofhco Of profit trust
under the United states. IL has been well suggested
that Is not clear how any member OF Con-
gress Justice Of the Supreme Court could
tako place ON this commission. l bellovo
tho bill to DO without constitutional sane
tion. Tho power 10 open and count the voto
under the constitution, In my Judgment was lodged
either with the President Of the Senate with the
House and Senate acting jointly. I believe with
tho former II with either, that power could not law
fully bo transferred or delegated TO any other person
or body II the House and senate Jointly hold that
power. has been mainta dcnoc ratio lenders