The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-01-30

arising from the present Presidential
election are decided by the Commission
created by the law and approved by
Congress. Its own title limits its ope-
ration to the counting of the Electoral
votes and the decisions of questions
thereon, 'Jor the Presidential term COM
mencing March 4, a. d. 1871" Beyond
the present case it can not and does not
pretend to 60. HIt did SO pretend, the
law would be in many respects most OBJ
jectionable and unfit. And so perhaps
would be any simple act of Congress
that could be enacted.
The remedy FOR this difficulty must be
sought sor deeper down than any act Of
Congress can reach. 1t must lie en-
bedded In the Constitution itself, where
the whim of moment or the accident
of party majorlties in Congress can not
wipe it out and sweep 1t away to meet
the sudden demands of partisan exi-
gency. This, Of course, can not now be
done; hence the need Of such a law as
now enacted for the case presently in
hand. That such constitutional
amendme ut should extend itself to the
Supreme Court of the United States in
any manner or to any measure should
not for moment be thought of. The
present emergency may sensibly admit
OF such q reference to certain members
of that Court, when they are to act ertrG
j@dicjally; but to make the members OF
that Court, by Constitutional require
ment, umpires In all Presidential .elec-
| tions, would be in the last degree dan
gereus and disastrous to the sanctity OF
chat Court and fatal to the independ-
ence of our Federal judiciary.
The whole aim OF the judiciary De-
partment OF the Constitution, was to
make it independenG of any political
power or influence; to lift it entirely
out of the murky atmosphere of party
contests, and place it where such con-
tamination could never come. Hence,
while we may yield to the present exi-
gency 80 far as to call upon the Supreme
Court for aid and counsel, because now
otherwise unproyided tor, The instance
should never for a moment be regarded
as a precedent upon which to found a
permanent Constitutional requirement
! Which OF the two candidates this law
will be found to favor we know not. N or
does the country at large care much for
q q NJ o M
either party will readily admit that any
serious civil commotion would be more
| harmful to the public good than the
peaceful Inauguration of their opposing
candidate could possibly be. There is
even now infinitely more danger OF
grave misehiefs and future cOmmotion
in The gradual usurpations of Congress
oyer State affairs, than in any exeeu-
tive policy that either Hayes or Tilden
could ever enforce. The manner and
the extent to which Congress has of late
years interposed in the matter of State
elections, have sent committees to su.
pervise the work of State officials, to ar
raign them for contempt, and
to overturn their acs in
matters exclusively within State juris-
diction; the power of late claimed and
exercised over private correspondence
A wherein no question or prerogatlve OF
| public justice was involved; all 60 to
signify that the usurpations of Congress
are even more to be watched and dread.
| ed as inyasions of public liberty and the
/ Constitutional rights OF the people than
| anything that any President could ever
accomplish. The President is bound by
law and restrainable by impeachment
| but Congressman are not impeachable
and know no law but their own Con
| gressional will. The usurpations al
ready assumed are quite sufficient tc
demand public scrutiny Of the proceed.
ings OF Congress where the rights Of cit
izens as well as the rights of States are
treated as altogether within the control
Of Congressional power irrespective OF
| either constitutional or common law.
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