Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1877-01-25
WOODSTOCK, VIRGINIA.
Thursday. January ss, 1877
All Sides Of the Csmpro mise.

tenthis the small proportion of thoughtful
men who realized from the beginning
that the object of the committee was
compromise, and that no agreement
could be had which was. certainly to
inaugurate either Tildeu or Hayes. The
nine-tenths are those who supposed that
the committee would report plan by
which their fayorite would be declared
the president elect beyond future doubt.
AS compromise. it is a complete
success. Amid all the storm of con-
ficting comment neither democrat nor
republican dares to say that it is more
favorable to the one than the other. 1t
is almost universally conceded to be an
impartial arbitrament so far as the two
committees and the four judges are con-
cerned, the only question agitating
partisans being as to the fifth member of
the court to be chosen. Both parties
are afraid Of Davis and each distrusts
Bradley. If it were only known which
of these will be chosen, and to which
party he inclines. there would go up a
shout of JOY and approval from one side
Or the other. 1t is because the agreement
thus involves the whole presidential
problem in doubt that we are constrained
to pronounce it grand success as a
c0mpromtse.
In most Of the objections. in fact all
but one, we see little force. It's difficult
to discover wherein it is unconstitutional.
By it, the congress is not parting with
its right to count the electoral vote.
To our mind it appears but temporary
solution of the vexed question as to
whether the counting is an affirmative
or negative act. In other words, some
insist that both houses must assent to
the vote of state before it can be
counted, while others hold that the
return is the prima facie vote, to be
taken unless both houses shall concur
in rejecting it. This is the great chasm.
In the first event, the House, by
Withholding its assent to the receiving
of any vote, would at once proceed to
elect president, and the Senate a vice
president. In the latter contingency.
the Senate. by refusing to throw out the
vote Of any state, would make Hayes
president on the returns Of the Boards
about which the whole dispute arose.
The plan refers all objections to any
count to the commissioners, whose report
thereon shall be final unless reversed by
the concurrent action Of the House and
Senate. Briefly stated. the action OF
the commission on receiving Or reject
ing any vote will be final. because. as
such action shall be favorable to Hayes
or Tilden, the Senate or the House may
be relied on to concur. Therefore we
see nothing in this but settlement by
arbitration Of a question which the con-
stitution leaves in doubt.
That the plan is departure from
long established usage, and therefore
unconstitutional and dangerous to
republican institutions, is in consonance
with that maniaeai idea of fogyism
which would balance the gfist with a
stone because daddy did so. In constituting
constitutions and laws, intention is
arrived at by study of eontemporaneous
action Hereunder but it does not
follow that any departure from one
mode of exercising constitutional
prerogative is violation of the
instrument itself. If we would profit
by the teachings Of our torefathers, we
bad better treasure those lessons Of
precept and example which define true
craftsmanship to be an harmonious
adjustment of conditions to circum-
stances. If the fabric Of our govern
ment is SO propped by technicalities that
it cannot withstand the shock of 9
compromise ca disputed questions OF
authority where no constitutional
principle is involved, theG indeed it has
been vain boast for one hundred
years, and is not worth preserving al
any sacrifice of blood or treasure.
That tho judiciary is to be degraded
by participation in this arbitration is the
silliest preteXt of the batch. The
trainers Of our government wisely made
our Supreme Court judges Independent
Of political power by giving them life
tenure and fixing a salary which nc
power can diminish. Neither consider
atoms Of preferment or pay at thu
hands of the executive or Legislative
powers can influence their action. This
was esteemed to be ali that was possible
or necessary to make the American
Judge all that humanity is susceptible
Of being made by human power. Beyond
this: are not contested elections
adjudicablc by the courts Has moi
this very contest been before the courts
for two months and is not yet possible
that it may reach the supreme tribunal
Why, it Is part Of their constitutional
duty to determine disputes of this
character; and because of this fact
States, as well as the Federal Govern
ment, give them the essentials O
independence through long tepures
undiminislMble salaries and removal
only by impeachment. How more can
the errnine be bedraggled by cooperation
Of the Judges under the plan proposed
than by adjudicating contested election
cases on the bench or, we might add,
by the numerous instances in which
they have been called upon to adjust
disputes growing out of the war, the
constitutional amendments and the
reconstruction acts? Yea, verify, how
That the plan is unsatisfactory because
the political predictions of the fifth
- - g. H., <,,k Al.