New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-26
MIR. HOAR,S SPEECH.

THE SUPREME COURT JUDGES.
WASHINGTON, JAM % Mr.. HOar (Rep.,
Mass.) SAID the danger which our wsest writers vi '"o
Constitution years predicted ana drcahed no" oo"
fronts the American people The CONSTITUTION coh'"iH
no express provision for that determination OF dlspeu
nuestious of law or fact which it terms count
Ing the electoral vote. The wisest students OF
rs complcated mechanism have expressed iheir fear
that il would give way not in resisting foreign force OF
civil dssenson not by decay or c0rrupioh pu oe
cause OF its vague and imperfect provision for dcterh
ing that vital Of all questions the tile 10
power With peril, under circumstances OF speciai
difficulty, wo have now to deal. In estimating
this danger | am not affected by any rear
of civil war or any OF violence
Such threats il made in the spirit Of empty buster ue
serve nothing but contempt; If serious the swirl anu III
dgnant scOrn and condemnation Of the whole people
do not dwell upon any apprehension OF Violent icsS'
ancc to tie lawful authority OF the Government. Inc
evil Of civil war; great that even to threaten IL Is
grleyos crime only surpassed BY the greater e' OF
yielding one jot of lawful avtnority To
menace But / do hold that nothing could
he more injurious to the wholc hePuphc
nothing more destructive TO the principles that nysel
hold dear than that man holding them shai DE Piaceu
in the Presidential Office whom at least onc-haf OF the
American people Will regard usurper by an net OF
power which at least onc-ha of the people will regard
as usrpation. II any gentleman thinks otherwise MS
iud gInent differs from mine to the Influences when
commend the truth to the appreciation of mankind
TIE CONSTITUTIONAL QUESTION.
Isha not attempt To add another to The arguments OF
the Constitutional question, namely With whom is the
power 10 determine those questions Of law and Tact
which may arise IL determining what votes have been
lawfully cast for President and Vice President by the
Electoral coescsi admit that those persons VINO
believe nat tue Constitution requires the President OF
ths Senate in AN ease, 10 perform that
Office mus deem this iii Unconstitutional DO not eX
pect tae votes Of suCn persons Tor The nil unless iey
think that the recent almost unanimous aclGi"S-
cencc OF The Senate and House In different
construction, SUPPORTED ny a current OF great rh
st"r, and Abraham L.nrpin may induce them 10
treat hcqu"On As concluded or at least 50 far to Vie
doubt lhis constipation may perhaps tspoeiay com
@,%1 5 sd. ID her s SnnS% % a have nGa
question of constitutional law IN the pres
S MA, .Si.os TO E hoa and maart ao@
victcns sufficient for the solution OF the ever new
and various problems OF ms public ne, Wno n me
secs what lac fore~ces."
CoYsrITUrIoNAIIY or TIE THBrNAL
The two Houses OF Congress the tribunal which,
according to this biz, is execute this grave authority.
II they have 1t by the Constitution it is left undIs-
Irbcd II needs the forces OF the awrnakins power
to confer It, this bill confcr it, The only where any
0lhcrad in is when thetwo members Of which the
hna tribunal is composed d1,r III their Judgment. Ger
,inly it is within tie law-nainS mower 10 provide what
shah happen when TIE meInb,rs OF constitutional
huna composed of even members, are evenly divided
IN iad-ueit Ne may surely provide ny law that ii the
Supreme Corr, composed of BIN or ten members, he
equally divided in opinion, The julgm nj Of
tao court below stall stand or a report
of a referee shall De accepted. The Com
mission j. not an empire. # Is not an arbitrator. IL is
an agency interiors 10 TIE two bouse reporting to them
Is action wholly "u'l 81 10 theni bLt ONLY To stand
when the two houses are diyFitr. the warm
est advocate Of the unconstitutional powers Of
comes within the very letter ot the
definition ri thc I'wmaking po"er % Congress, Law
necessary and proper for carrying into cXcru:ion the
powers yc.cd In The Goyerniirn. ana any department
thereof. Cness tis power exist IN Congress OF pfOyid
ns Dy law or tHt cis" Whcie 'hr $50 members ~ his til
huna composed al oven number of the House and
ognAt. stand divided on any question one to on, the
advocates 81 IN power OF Tue tSo houses to cot the
vote must believe ilat the Trainers cd tine Government
meant slDuid Perish when the not improbable
should are % division IN sentiment between Two
political bodies Oh any question oi law or fact which
should arise III counting the vote.
not 4 COMPROMISE BILL
Some gentlemen have spoken of this rs "A compromise
bin. There Is not drop OF compromise in it, go not
mean that after it found that the principle Of Sc
caring able and impartial tribunal cOnornel 10 the
opinions and desires Of all that there yield
Ing of Individual yewsils To details; hut how that
man be sad to compromise who having
just ana righteous claim, asserts 1t, maintains
II, eniofces IT. 10y argument and proof yields
const it,ed TO assure its decision In accordance
with justice and righteousness. So Ear as the lot
maiiy viii permit, ihnb justice and right are cenpro
IsiSed when tGoy are submitted for their decision 10
force. TLCy c0mprUnisen when they can only be
Maintained by doubtful, disputed exercises Of power
They eln be compromised when they permitted
surrounded by Judicial SllesuariS Invested with legal
authority ny thc aw-naking power ~ ne country Let
hes said that This reasoning implies that truth and
error stand equality; that il nasrs no difference
whether matters he settled right or wrong, provided only
ana error Gliicr; II is because OF the vast
difference between tho righteous result aud
the differences between them. but force not TO
heat passion. but 10 that trbnnal which among all
bic diverted from the uuh 10 is charged that this
committee Is in tue cnd TO be made up Of SEA VINO
asill f,p
seven men who, OF course, vii. decide for
the other. AID must call in an umpire by
lot and therefore, in Jsauco and effect putting
The dccis,On OF this whole uat'er Chance. III tis
can Congress since II inauEIred. or the members
our national assembly, the wlscst aud best
selected for the gTayest Judicial duty imposed
urol, man under Tie consrnt Of this solemn oath, can
there be- found III al! this som not te-lot one 10 obey
any other mandate out That oi party.
IMPaRIIAIITY OF THE SUPREME COURT JUDGES.
But especially rcpudate this imputation when it
vests up.n those members Of the Commission who are to
como from the Supreme Court. II is true there Is posi-
tiiy of bias arising from old published opinion
,orc and hs however minute the bill seeks 90 place
exact equilibrium but this small inclination, II any.
Will, in my Judgment however weighted
inred fold By the bias pressing them 10 preserve the
dignity power and weight Of their judicial Office before
tntIr country men AID before postery They VIII NOT
consent BY party division 10 nave themselves or tier
court 20 down III history incapable Of the Judicial
function IN presence OF the disturbing elements OF
patisan desire for power III regard 10 tne greatest
cause ever brought into Judgment Mr. Speaker the act
we are about do WILL In my Judgment, be one OF tho
greatest ia history Our annals have been crowded with
great achievements In war ana peace, III ART In nerh-
tre I'm commerce, but other countries. other republics
have ealialcd in these things; but In this
great act we shall stand without q rival or an
example For thousand years our children with tears
of Joy pride, will read that while IN the fierce strife
for executive power the sun of other republics has gone
down In darkness and In blood In their own country too
the great peril has arisen their sky has been dark
ened by too same cl0u their Hhip with It's costly
freight OF love and hope, encountered the same
storms and driven tho same rock bnt In the
midst and darkness and coniici, the august
and awful figure OF law over the face OF the waters,
uterfn0 ia divine controlling mandate, "Peacc DO