New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-11-30

sive admiration attached to the legal formula
for tie administering Of oaths. The statesman
who habituay does this, is habitually ORA
matte.
In the debate in the Senate on Wednesday,
Senator Eaton suddenly exploded upon that
illustrlous body another of his unique and
o,iginol INTERPRETATIONS of the Constitution, TO
wit: that IN the case of a dispute over a con-
tested election, the question beng upon tne
right to n seat i'll the Senate. the Nlce-rresi-
dent, not being n member of the BODY mas no
right TO give his casting vote In case OF ue'
We give Mr.. Eaton credit for the discoyery'
as by general report it belongs to him. though
il was Mr.. Thurman who raised the point OF
order thereon and brought 1t to the attention
of the Senate. In opposition to his view OF the
question other Senators cited the plain pro-
vision OF the Constitution in such cases, ana
in addition thereto a precedent established jill
1850, which seemed to more than cover the
case in hand. Here the Connecticut Senator
rose to the occasion and came to the rescue OF
his theory. He, in the first place, disposed OF
the precedent Of 1850. That was twenty
five or thirty years ago. he SAID, ana
the action was taken without sathoughI
and without time for examination. AS lor
the Constitution, he had only to say
that there was no doubt i'll his own nina that
the President of the Senate had no power TO
act in the organization of the Senate ms
ought TO have been enough for any one VINO
had any lingering doubts in the matter, even
though the Senator did not add his usual APP
peal to the Deity to give it strength But lest
il might not suffice, he expressed willingness
TO argue the matter Mt some future time for
the information OF those who refused to take
his word for it. And then he clinched 1t all.
Suspecting that even after he lad disclosed 10
fine Vice President his duty under the COnsti-
tuition, that officer might contumaciousiy refuse
10 follow his directions, he said: "he would
"co further and say if any man should get
"a seat in the Senate by the action OF the
Vice-President, if he (Mr. EatOn) lived until
"1S79 he would ask that the chair filled by
"such person be declared vacant" such ac-
ton on the part OF the Nice-President, he SAID,
would be in violation Of the Constitution, ana
ne for one would not submit to 1t. VIII II De
believed that after this plain direction as TO
his dnty from a gentleman who fairly tingles
with constitutional law from the roots OF MS
hair to the tips of his toes, the Vice-PreSldent
deliberately disobcyed it and voted on the
question He did just that. 1t only shows to
what extreme lengths partsanshp will go,
when the Vice-President of the United States
deliberately disregards Mr.. Eaton's interpreta-
ton of the Constitution.
So now, if anybody is admitted to the Sen
ate rs a result of that vote, he takes his seat
ut his peril. He may possibly continue IN 1t
till the 4th of March, 1879, but Of that day
let him beware. On that Hateful day-hour
not vet named, but probably the instant follow
ing the Amen OF the Chaplain's opening
prayer-Nir. Eaton will slip under the inter
toner's chair his own copy of the Constitution
with his own annotatlons, and apply his own
slow match. The length of time that will
clapse between the touching off and the expl0-
sion will be solely dependent on the slOwness
of the match. 1t was very kind in Mr.. Eaton
10 announce his purpose so long beforehand.
And it is simply amazing that Nice-PreSident
Wheeler should have paid so little attention
TO the threat What he should have done was
to say, "0h, rather than have the Senator
" from Connecticut resort to any such extreme
"measure as That, | won't vote" That would
have saved a world of trouble and preserved
the Coustitution-or Mr.. EatOns view of it
intact
BY the way, how would it do for Mr.. Eaton,
lust to get his hand in in the business of de-
claring seats in the Senate vacant, to put in
n resolution declaring the seat of his colleague,
Mr.. BaTnum, vacant There is nothing i'll the
Constitution of either the United States or
MIR. Barnum. and certainly nothing i'll the
seat against the passage of such resolution.
Nothing could be more in accordance with the
actual physical fact. 1t seems to us it would
bo better for Mr.. Eaton to taper" along up
toward declaring "A seat vacant that some
body's sitting in, by declaring one or two va
cant that nobody ever occupies. And after
Barnum he might go for Sharon.
AMENDING THE B1NKRUPT Law