The New York herald., 1877-02-14

II may be ciouded with error, t may even be tainted
with fraud. This fraud. ~ successful. may de,c
who Is be President Of the Un,ted States and yet
1 sacred TO be touched and II cads all inquiry"
Mr. Lawrence continued:--it may be noticed ,aat
the nfaliibinty formerly con,ended for as 10 Cove
crnors' certificates was transferred TO those OF tho
canvassug boards order, the sequel viii probably
show 10 tho OF Governor Grover. OF Oregon
II may be remembered that when some weeks since
you interrosaled me In regard the establishment Of
the commission l had not then All opportunity To ex,
the law ITSELF hut relied for It's constitution
atty on the sanction which Il had resolved from the
most OF the Senate while IN the learn
ing and integrity of the Justices OF the supreme
Cour, had the utmost confidence. Amer saying that
s'uhe mmission Will decide remarked that
whether under the which ths two houses
what the and lawful votes Of these
sta,s' u seem. 10 nae ,as, The ese, Of this provision w
only the iu constitutional power Of the two houses
ir sit Obliged {. con.,rue the b, committing the
sent dapsaed 60 tho nna decision any commits
.on wha'eve should consider the measure as yer, otes
An examination ol the law shows that was mis-.
taken supposing the Affirmative action OF the two
houses In order to give effect TO the report
OF the commission, whereas concurrent order OF the
houses separately given Is required to reject IL.
Whether power TO be exercised by Congress can b.
delegated others not new question State legis
biiity by referring laws to tho people, but the
constitutionalty OF such references has
been impugned. Although tho universal belief
was that plan OF paciacatiou satisfactory TO
both OF the great parties had been arrived at.
and that It would promote the Industrial in.
,erests OF the country endangered by tho apprehension
of disputed succcssion think that constitutional
points which never with impunity be disregarded
were not sufficiently inquired into.
PRESIDENT OF TnE SENATE.
The question before Congress during the whole ses.
been whether tho President of the Senate
~ the constitution authorized 20 count tho for
President and yico President including their admissi
biiily or whether his power was confined 10 simply
opening tho certificates and handing them
Congress, when tho two houses had to decide
on them. In the Grst II admitted
that he could not go outside OF the
papers. II was even claimed for HIM
that, OF conflicting certificates, he TO de-
eide which should be admitted. On tho other nand,
II the duty dcvoivcd on Congress- II was supposed
that they had unlimited power OF scrutiny. 70
prepare the exercise Of this power both houses OF
Congress had sent committees into the States In which
there were likely 10 DO disputed returns, and all tho
power belonging to Congress either House had been
exhausted In the examination OF witnesses and at
enormous expense OF public treasure When tho
reference made to the commission they were
vested by the very terms Of tho law with all tho
powers necessary 10 come correct conclusion
which Congress either House of Congress had pos.
scsscd. The creation OF the tribunal itself
legislative declaration or the right OF Con.
gress 10 60 behind the returns, that all the in.
vestigations which had boon by the com.
mittecs or otherwise before them and might DO
referred by any of tho parties interested IL the
commission was TO be confined to the mere counting
OF the votes, which Il was contcnded that tho Pres
dent of the Senate had u right to count why all this
machinery What conceivable motive would there
exist for the creation OF the commssony The ony
possible end that could be attained TO the
absence Of any partisan feeling, which might be sup.
posed to affect officer selected, Is the President
OF tho Senate, distinctly by party VOTE
CHARACTER rHE COMMISSION.
Not only are the judges the commission lawyer
who had attained to tho highest rank OF their probes.
son. but tho selections Of Commissioners made by the
Senate and House Of Representatives were all cases.
from among the leading members o the Bar who were
IN Congress The opinion OF every individual Of them
would carry weight everywhere. OF course, It was
dersood that the organization OF this tribunal with
an especial oath required from its mcmbers
tended TO mako It certain that all partisan feeling
would excluded and that. according to the terms OF
the oath, "a true judgment would be given agreeaby
TO the constitution and the laws"
REVOLVING REpuBILcAS PROPOSITIONS
have already referred 10 tho citations from tho
HERALD to the question which first came before the
tribunal ana the decision OF which, both the prcm-
mary and inal proceedings in respect to Florida,
carried aud affirmed the propositions OF the repub
can counsel which l have traced Re.
| voting | cannot but regard them merely
to the professional understanding of every lawyer but
the moral OF tho world at LARGE Nor It the
least important circumstance connected with this de-
cison that all tho republican Commss sustained
tho proposition OF the counsc-that extent OF fraud
should be permitted TO vtiate a party canvass So
far IS regards Mr. Morton aud Mr. Garfield,
who had contended for the right OF the President Of
| the Senate TO decide the votes, their
perfectly consistent. but that OF the Senators
| and Representatives VINO hal advocated the CON-
mission. Nor can l hero refrain from renarking
that the consequences OF this act may
not bc confined TO tho Presidential election,
but by drawing members OF the Supreme Court into
the OF partsan politics, destroy the influence OF
that tribunal whose maintenance n all It's vigor,
essential TO the system OF government or the United
States. Assuredly the people who accepted with
such cordiaty the tribunal had right TO expect
the mpartalty at least as would be accorded to
case in the private interests of two individuals
were concerned
! Looking to the attnnments OF tho members Of tho
commission II Is most probable that any suit In
voving title to real estate question commercial
law decision OF these fifteen gentlemen would bs
unanimous. But were II otherwise II 10 quito
certain that they would not divide according 10
their political parties.
THE FLORIDA DEcisrov.
II we understand tho decisions which havo reached
US only Is the Florida disposed Of but also
that Of louisiana while II Is said that deciding ON
the question OF the dsquahcatons OF Florida elec.
tor has been attempted to anticipate the Of the
oregon clecsor, the principle OF which In
no possible way bo distinguished from tho
in Rhode Island, to which the Governor Of this
State acled In accordance with the opinion Of the Su-
preme Court, gwen under tho constitution of the
STATE