Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

or to affect the result of count !; never SO
far as to initiate, much less to establish, a
new construction. The Constitution having
received in this particular practical con-
struction commencing with the instrument
itself, and continuing through century.
nothing could be more extravagant in con-
stltutional law, than to attempt now new
construction.
Moreover, the encroachments of the
Houses have proceeded upon the idea that
the counting jurisdiction is limited to the
two Houses and the President of the SEN
| ate. Therefore in no view could it be affect
ed by statute; and the act of Congress, re-
Gently passed. creating commission as tn
one potion OF the counting duty. il false
in principle.
Regarded as constitutional, it is vicious
In its method. 1t is a sheer absurdity; the
duty Of the Commission is of the grayest
possible moment, short of the construction
OF government or constitution, yet the bill
assumes that this duty will be controlled
by partisanship, and accordingly provides
that seven members shall completely neatral-
lze by their antsgonisms as many moro. SO
that decision upon any vital question must
ultimately fall upon single member, a
fifteenth. chosen by four others upon secret
and irresponsible considerations. And this
Is the sum of the proposed improvement
upon constitution already providing that
the same duty shall be performed by ono
man. but this man either chosen by the
Senate. whose members are the representa-
tives of the States, or directly by the States
themselves. The act proposes to settle
what the Joint committee assumed to be an
unsettled state of the public mind. The
reverse is the result, for that mind bad be-
came generally adjusted to the idea that tho
counting power was confined to the Presi-
dent Of the Senate. The act has file the
country with a sense of uncertainty and
distrust-itseIf an incalculable evil. The
act deprives the Republican party of a
constitutional advantage and right in the
count, upon the maintenance and exercise
of which depend, in some aspects, the
hopes of the Republic. 1t may deprive the
country of an Executive, who seems to be
OF Washington type of excellence; to
unite, in singular fullness and harmony,
statesmanly intelligence and wisdom, puri-
ty and frmness, love of country and love of
right; to possess loftiness of purpose and
character matchful to the loftiest Office of
the Government; to be the very man espec-
tally adapted and most needed to lift the
country from its demOralized political con-
dition. But hetter, thousand fold, to
have Governor TIlden counted in under the
previous law, followed, as probably the
event would have been, by direful train of
evils, than to have Governor Hayes enter
the White House through this breach in
the walls of the Constitution.
That such an act could be forced into
existence upon the rule of swift legislation
upon an hasty and superficial discussion,
without time afforded for careful reflection
and debate; without waiting to receive the
reactiUnary sentiment of the nation. whose
constitutional habits and association of
century's growth the law proposed to de-
stroy. and whose vital interests were to
hinge upon Its operation, and that the
measure should have been eagerly voted for
by the Senators OF party, the sacrifice of
whose dearest rights it threatened all
this is ample, but melancholy proof that
the splendid talents. sturdy craftsmanship
! and lofty spirit, which have char
acterized the Republican leaders in
the Senate, have departed from the
chamber. Nothing more clearly indicates
on the one hand the declension Of spirit,
dignity and force in Republican statesman,
and the decadence of the party and its
course; and on the other the vigorous and
steady growth of the falsest and most dan
gerous form Of Democracy that has threat
ened the welfare OF the country.
There is a hopeful view to be taken of the
matter. The commission will be court. No
one can be compelled to act judicially. 1t
may reasonably be anticipated that the
members Of the Supreme Court, who are
contemplated 10 sat upon the commission,
will regard the statute as unconstitutional,
and that one or more OF them, obeying pro-
fessional Instincts. aud, still better, govern
ed by the rectitude and consistency of
judicial habit, will decline to Act. In either
event the statute will become imperative,
and Congress will be compelled to repeal it.
WILLIAM WARE PICK.