The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1877-02-01
4 Southern VleH OF the Compromise

The New Orleans Times, not a vio-
lently partisan Democratic journal,
takes q practical view Of the proposed
plan for counting the Electoral vote.
The Times does not bother about the
constitutionality Of the bill, but looks
at it to find out what are the chances
for Tildenis success, and concludes
that they are good. 1t says:
"There is Do room to doubt the five
Democratic Senators aud members
Will vote to receive and count the
certificates OF the TIlden's Electors
and the five Republicans to receive
and count those of the Hayes Elect
ors. The determination of the issue
will therefore rest with the judges.
These are supposed 70 be Justice
Field, Clifford, Miller and Strong,
who will choose q fifth. Justices
Field, of California, and Clifford, of
Maine, being Democratic, may be re-
lied upon to act with their party con-
freres, il not in every particular, at
least so far as the main issue, Uiz /:
whether TildenI or Hayes shall
be President, is concerned. The
same, nlutdtis HlutdRdis may be
predicated OF Justices Miller, OF Iowa,
and Strong, of Pennsylvania, who
are Republicans. This practically
narrows the decision to the fifth
Judge, and that raises the question of
the necessity and usefulness of the
fourteen other functionaries whose
opinions and decision are known by
the whole world before they act.
Their attitude will be more that Of at
- hot Of Tnnnoa tn q
whole thing then, looks like q Joint
High Circumlocution instituted for
the purpose of getting the opinion of
one of the Supreme Judges-name at
present unknown. Should the
scheme be adopted, that Judge will
be truly great unknown, and when
he is selected will be equivalent to q
majority OF forty millions Of people,
and 369 electoral votes. Big
thing. He will elect Presi-
dent Of the United States. Cro-
min and the Returning Board will
be dwarfed. They will be as pepper
corns eompared with the wealth OF
Ormus o. Of Inde. The selection Of
the fifth judge, therefore, becomes q
matter OF prime importance. II the
programme has been correctly re-
ported, the judges from the States of
the two Presidential candidates will
be ineligible to the position. This
shuts out Justices Waite and Swayne
Of Ohio and Hunt Of New York. Only
Justices Bradley, of New Jersey, and
Davis Of Illinois, remain to choose
from. Judge Davis is so much in
sympathy with the Democrats,
though formerly q Republican, that
be was quite prominently named as
their Presidential candidate previous
ly to the st. Louis Convention. On
constitutional points he may be ex-
pected to side with that party, and
they could rely with q good deal Of
confidence on a favorable decision on
the Florida and Louisiana certificates,
and an unfavorable one as to Cronin.
Justice Bradley is said TO be a moder-
ate Republican. He has Southern
circuit, and is consequently familiar
with the reconstruction laws, State
and Federal. Several Of his late de-
cisioDs have shown a decided bias
against those acts. The various State
statutes with reference to elections
are among the most extreme Of those
laws and the most obnoxious to the
fundamental principles of ths Con-
stitution. II he remain consistent
with his record, he can hardly fail to
pronounce against those acts when
brought before him ia the cases Of
Louisiana and Florida. The logical
conclusion is that the proposed plan
Is most favorable to the Demo
crats, and il adopted, is most
likely to result in the announce
ment that Tilden was elected Presi-
dent. 1t is about the same as sub
mitting the whole case to Justice
Davis or Justice Bradley, one Of
whom is certain to pronounce In IA
vor of Tilden, and the other most
likely to do so,