, 1877-01-14

them to engage In. The evil hns come upon us
noisclessly--so almost impcrceptfbly-tha 1t
hard for III to realize that we arc tolerating, an
feeding for nothing, huge brood Of bnndttf. VII
| Will ultimately become ns 1non6tFonS and as oas
graceful ia country and tn Christian civilizatio
as the bandltti Of Greece or Southern Italy.
THE HOPE FOR SOLVING TIE PREs1DEN
TIAL CONTROVERSY.
The most hopeful prospect for peaceabl
and satisfactory solution Of the Presiden
tial problem that has yet been presented i
found in the reported agreement betwee1
three Republicans and three Democrats OF
the Senate Committee having the subject il
charge. The Committee consists OF fou,
Republicans and three Democrats; and whe1
six men of opposing politics aud c1ashinl
interests can agree upon practical compro
mise in a crisis involving the highest ambi
ton Of their two parties, it is pretty safe tt
say that their plan will commend itself to the
moderate and patriotic men Of all parties
without regard to the advantage it may
event tually give either party. But the char:
| acter, position, and ability of the gentlemen
! who are reported as being in accord, give
plan. On the Republican side are Senators
FgE1NouuSsES,. EDMuSDs and CoSE1NG,
and on the Democratic side Senators THUR.
MAN, BAyARD, and RANSOM ali men entitled
to the confidence and respect Of the two
parties they represent. Alr. MORTON alone
is represented. as holding aloof from the
agreement; and, though it is not to be
doubted that he is actuatel by conscientious
motives, lis influence will not prevail with
the mass of the Republican party as against
his three Republican colleagues who agree to
plan for avertlng civil strife.
Moreover, the outline of the agreement
said to have been reached by these gentlemen
conforms to the best principles Of Justice
aud the conclusions that have been reached
by many able men who have dis
cussed the situation in an impartial
way. The basis of agreement is said to
be as follows: ~ That the President
Of the Senate is not constitutionally vested
with the absolute power for counting the
votes; (2) that the count shall be made in
the Hall of the House of Representatives be-
cause Of ong-established practice; (3) that
the vote Of no State shall be rejected with
out the concurrent assent of the two Houses
of Congress; and az that, if the two Houses
shall not be able to agree III case Of an objec-
ton to the counting OF any State, then the
dispute shall be- referred for arbitration out
side of Congress. The tribunal for arbitra-
ton will probably.bo the Supreme Court of
the United States. It will be noticed that
this plan requires mutual concessions in
nearly an equal degree from both parties
On the side Of the Republicans it requires
the abandonment of the claim that the
President of the Senate has authority to
count the vote, which is in effect claim
that the vote must simply be aggregated
as it is returned, and not subjected to scru-
tiny. On the part Of the Democrats it re-
quires the abandonment of the claim that
the House alone has authority to declare
non-election, and then proceed to choose q
President. Of the two extreme positions
that Of the Republicans is certainly more
tenable, because there is On implication in
the Constitution that the President of the
Senate shall count, unless the Congress agree
upon some other method, while there is no
implication in the Constitution, no law, md
no sentiment Of justice, TINT approve tho
Democratic position. Of the two, then, the Re-
publicans will concede the most in tile plan
proposed, but neither can concede too much
to avert the disastrous consequences OF o
failure to agree.
The Intervention Of the Supreme Court is
contemplated only in the failure of oil ef-
forts at agreement; and, while the reference
to judicial tribunal Of question mostly
political is to be deprecated on many &C.
counts, the objection to it in this instance is
modified partly by the necessities of the
case, and partly by the fact that it is rather
d process Of arbitration than of judicial ill., |
reference. Certainly no tribunal could be |
selected in this crisis mora likely to be free |
from partisan influence. The Judges hold |
their positions for life; they are mostly men
who are not beset with political ambition;
the great consideration which the Court has
always enjoyed has impressed all of them !
with the desire to act in an impartial and |
non-partisan way; and, us the question I
involves the peace and prosperity Of the
country, they can hardly fail to feel the
full weight Of the responsibility put upon /
them. It is probable that, in case of non-
the reference to the Supreme
Court will be after the manner suggested in
Senator BoorH's resolution, which he ad4o-
Gated SO e}oquently in the Senate on Friday.
We desire to direct particular attention to
he following extract from his speech as the
dearest statement we have seen OF the neces-
'ity for concurrence between the two
1o.lses:
The resolution have offered accordingly pro- |
'ides that the decision Of the Justices shall be
dopted by Congress. Their decision could not
'e enforced by any sanction known to the law,
tut IS m appeal to honor and good faith in the In
crest or peuce and good government Upon the |
ther questions shall only express the opinion |
hat the certificate Of returns, when regu]ar upon
IS face. makes prima-faci case, which It re- |
u,res the affirmative action Of both Houses to |
verrnle, and that when there ore double returns
he primn- facie case is with that OF the Govern |
oent de facto.
If it be fact that the six Senators named
|ave agreed upon the plan that has been
ntlined above, we are Of the opinion that
leither party in either House will be var
anted III opposing it. We do not believe
lat the Republican minority in the Senate
or the Democratic majority in the House
ill be nble to resist the 1,nDnlar Dress,sre |