The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-26

shall be placed IN the TIeulueutui ouce Wuom
at half OF tho American people win regard as
a usurper, by act OF power which at least ohe-haf
OF The people viii regard as usurpaslon; y any
mine TO the influences which commend the truth 10
the appreciation OF mankind. l shall not attempt TO
tionai question, namely, with whom is
The power 10 derermine those grave
questions OF law which may arise IN determn-
ing what have been lawfully cast for President
and Vice President by Electoral Colleges admit
that those persons who believe that the constitution
form that once must deem this bill unconstitutional
| do rot expect the votes OF such persons
almost unanimous acquescence Of the Senate and
House IN different construction, supported ny cur
Daniel Webster and Abraham Lincoln. may induce
them the question concluded, at least. 30
far to yield their Individual udGmsn. as TO doal with
perhaps especially commend itself to those gentlemen
who have honestly changed their opinion on grave
question OF constitutional law In the presence OF
great temptation. Fortunate is that statesman TO
whom long settled and matured convictions are sui-
ncent for tho solution Of the ever new and various
problems OF his public life
'who in the height OF conflict keeps the law,
In calmness made. and sees what be foresaw"
POWERS or PRESIDENT or THE SENATE.
For myself these nsderations make mo deem II
incredible that the trainers OF the constitution, or the
entrust tho power OF deciding these vast questions
the President OF the Senate subject to no control
ne mower se First thew were generation OF men
That dreaded above all other things, the usur-
TIM, ns ho senas
would ordinarily be one OF the candidates whose claim
to the office was to be decided. They provided that
two persons should be voted for for President, OF
whom that one having the second highest number OF
votes was become Wee President and President Of
the Senate The President OF the Senate, therefore,
must within four years have boon leading
candidate for the Presidency Of tho United
States Their habit OF continuing the same persons
he would be leading candidate for the succession as
has in the past happened when Adams succeeded
Washing ton, when Jefferson succeeded Adams, when
Van Buron succeeded Jackson, and IN many cases OF
unsuccessful competition The same suggestions apply
10 all cases where the Vice President Is candidate
Tor reelection As in Great Britain, from which
Institutions derived Parliament for centuries has
regulated The inheritance 10 the Crown ana determined
ali questions OF right TO the succession. SO. in every
American State in existence when the constitution OF
the United States was adopted, the Legislature
at that time within itself elected the Cover.
nor or counted the votes Of the people and
determined all disputes as to the popular
choice GAS the Vice President" says Alexander
Hamilton s,may occasionally be a substitute Tor tho
President all the reasons which recommend the mode
OF election prescribed Tor the one apply with great u
other" There are three other theories with none Of
which this bill tho senate con Sas
the vote in the absence Of concurrent action by the
two houses, Of other provision by the law-making
power Second, that under the power expressly con.
erred BY the constitution upon Congress Ito mako all
laws which shall be necessary and proper Tor carrying
into execution the foregoing powers and all other pow
the United States. or In any department or ONCE
thereof" the law making power may provide =
of counting the vote third, that the power OF
counting the vote vested ny the constitution in the
two houses voting separately The TWO houses OF Con-
gress are tho tribunal which, according to this BILL IS
TO execute this grave authority II they have It by
the constitution it is lett undsturbcd. II II needs
the forces Of the aw-makng power to confer IT, THIS
comes In is when the two members OF which the final
tribunal is composed differ in their judgment. Ger
tanIy IT, is within the law making power to provide
what shall happen when the members of
constitutional tribunal, composed OF even mem
DsTy surely provae by that ne
Court composed OF six or ten members, be equally
divided in opinion the Judgment OF the court below
shall stand or q report OF q referee shall be accepted
The commission is not an umpire. IL Is not an arb-
TRAITOR It is an agency inferior to the Two
houses. reporting to them It's action. wholly
the two houses are divided The warmest
the 81
very letter Of the definition of tie aw-makng power
of Congress, law necessary and proper Tor carrying
crnment and any department thereof. Tn
less this power exist IN Congress OF providing
tribunal, composed OF even number ofthe House
and Senate stand divided on any question: one to one
the Of the vo, power Of the Two
tho trainers OF the government meant 1t
should perish whom the not improbable case
should arise of a division IN sentiment between two
political bodies any question OF law or fact which
should arise in counting the vote
THERE III COMPROMISE.
Some gentlemen have spoken Of this as compro-
mise bill There is not drop OF compromise in H.
that alter it was found that the principle
OF securing able and impartial tribunal con-
formed to the opinions and desires Of all
that there not some yielding OF individual views
promise who, having just and righteous claim asserts
it. maintains IT, Snforces 1t by argument and proof,
yields jot or TITLE of It before tribunal so consti-
tuLed to assure It's decision In accordance with
justice and righteousness. So far AS the lot OF
humanity Will admit. | think justice aid right
are compromised when they arc submitted for their
decision force They are compromised when they
can only be maintained by doubtful disputed exercises
They can DO neoss
tribunal clothed with judicial powers
surrounded by judicial safeguards, invested with legal
authority by the law making power of the country.
Let IL not be said this reasoning implies that
truth and stand on an equality that II makes
difference whether matters be settled right or wrong,
provided only they be settled. II Is precisely be-
truth and differ; II IS because Of the vast
difference between the righteous result and It's an
tagonist that propose to submit the differ
between them but not to force not to heat and
passion, but to that tribunal which among all mcchan
isms possible TO be executed by law Is least liable TO DO
diverted from the truth. II Is charged that this COM
mittee is, In the end, to be made up OF seven
men who will of course decide for one
party and who, OF course, will decide for
the other and must call in an umpire by lot and there
fore. In substance and effect you are putting tho de-
cision OF this whole matter upon chance this be
never TACT Illuminating to the republican Con-
gress since 1t was nauguraled Oithe members OF our
national Assembly, the wsest and best selected the
gravest judicial duty ever imposed upon man under
the constrant Of 4 this solemn oath, can there be-
found IN all this Sodom not ten-not one to obey any
other mandate but that OF party Far otherwise was
the thought of Madison, when, with exultant aspir
ation he commended the constitution to his country
mcn:-
lies what better umprcs desired by Violent
factions. flying and tearing the State to pieces,
than the representatives of Confederate States,
not heated by tho local hames To the
i" friends S aspy ws ss"f s"s s.m:s s
inrmity could be enjoyed by all foregng
project equally eectua could be established for the
universal peace OF mankndJames hudson III Tie Federal
ist of ~. 43.
But especially repudiate this imputation when 1t
upon those members OF the commission who are
TO IRON the Supreme Court. IL Is true there Is
possibility OF bias arising IRON old published opinion
there, and this however minute, the bill seeks 10
place IN exact equilibrium; but TINS small inclination,
II any, will, In my judgment, however be weighted a
hundred io by the bias pressing them to preserve the
dignity power and weight Of their Judicial office be-
fore their countrymen and before postery. They will
not consent by party division TO have themselves
their Court go down in history as incapable OF the
iudclaI junction the of the disLurhing