The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-01-17
THE LAW ON THE PRESIDENCY.
A Proposal TO Submit Disputed Points to the
supreme Court for Advice--FnvornbIe
Reception of the Proposition by Men of
Both Parties.

supreme Court for Advicc--FnvornbIt
Reception of the Proposition by Men O.
Both Parties.
There is q growing opinion among mel
of both parties, says the Washington
correspondent of the Tribune, that
way out of the difficult situation can still
be opened by q supreme court decision
The Objectionable plan of having the
court count the votes and investigate the
legality of the returns has been wholly
abandoned, but it is believed that nj
opinion delivered by the tribunal of last
resort on the constitutional powers of tho
two houses of Congress yer the elector,
al vote would be accepted as authoritative
and final. Thus far the whole dispute
can be narrowed down to the question Of
whether the House of Representatives
has the right, of its W motion, ant
without the concurrence of the Senate,
to throw out the return of a State.
This ispurely constitutional question, fol
if such n right exists it is derived from
the simple little phrase in tile organic
law which says "the' votes shall be
counted" and like all questions arising
out of different interpretations of that
instrument, it ought to be referred tc
the supreme court. II the court should
hold that either house possesses the
power of rejecting electoral votes for
any cause, the whole controversy now
distracting the country would be dis
posed of at once, and equally potent
in effecting such a result would be al
opinion that only the concurrent action
of both houses can upset a return, o.
that no power resides in Congress ex'
cept the ministerial one of making the
count of the votes as certified to by
State authority. MI. Edmunds and
other eminent lawyers say that there is nc
way in which the matter could be for.
mally brought before the court, but il
is answered by those who favor this
mode of determining the vexed and
dangerous question, that in a serious
emergency, such MS is likely to grow
out of the prolongation Of the existing
dispute to q elimination, forms could
be disregarded and the court could be
requested by concurrent resolution tc
furnish Congress with its opinion on al
the points involved. That the court would
comply with such a request, made under
circumstances of such gravity, even
although not obliged to do 80 by law,
cannot be doubted.
Many of the leading Republicans in
both houses favor this plan, and be-
licre it practicable and perfectly fur,
No objection could be urged against the
supreme court Us the arbiter of the dis
pute, because Il of its special provinces
is to interpret the Constitution. MOI
could it be accused of being in any re-
spect a political body, because the atti'
tude of parties has changed materially
since it's Junior member was appointed,
and a majority of the Judges came
upon the bench when the issues of poll
tics were far different from those which
now agitate the public mind.
Democratic Congressman, when asked
what they think of this way "out Of
the woods" generally approve it, and
manifest q disposition to submit the
claims of their party to any tribunal
which shall not, from its constitution,
have m evident leaning in favor of theil
opponents. 1t is evident that the occa'
sion will not arise for bringing promi'
nently forward this or any other so
called compromise measure until after
the committees in the Southern States
return. When their reports are in, the
Democrats will soon make up then
miens whether the evidence collected
produces any change in public opinion
or in the position of Republicans in
Congress. If it does motif both
parties maintain their present attitude
then the Democratic leaders will have tC
decide between three crises: to back
down and abandon their intention Of
throwing ont the votes of the disputed
States; to accept some kind of compro'
mise, Or to push forward to the end
which some of them now threaten the
country with-two Presidents.
4 Republican senator from New Eng.
land said that the question could easily
be brought before the supreme court
after the fourth of March, and in q per
fectly legal way. In case Gov. Hayes
should be inauguratcd a writ of Qu0 mar-
rauto could be sued out against him on
behalf of Mr.. Tildcn in the district court,
and the case be carried Mt once to the Sill.
preme court for a final decision. This
would be like sending for a fire engine
after the house is in flames. While the
lawyers were preparing their briefs and
delivering their arguments, the heated
temper of the partisans of the rival Pres!'
dents would in all probability break ont
in hostile demonstrations which the die.
tum of the court would be powcrless tc
stay. If any course Of action can be
agreed upon that will secure q harmoni
III count of the electoral vote and a gen
cral acquiescence i'll the result, whether
arrived at by the acceptance or the rejec'
ton of the now disputed returns, sucl
agreement should by all means be reach
ed rs soon as possible. A compromise
after the sixteenth of February will be
tenfold more difficult to bring about thar
one before that momentous day.