New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-20

department can find no warrant in the
constitution for interfering with the ex-
ecutive department, as it has done and is
doing. 1t would confer powers upon the
Federal Judiciary not given them by the
constitution, and being itself debarred
from any voice in the decision Of the ex-
ecutive election, would make cat's-paw
of the courts. and do by another what it
can not pretend to authority to do by it.
self. The bill reported by the joint COM
mittee-1. Violates the separation of de-
partments. 2. Assumes for the legislature
the power to create duties for the judi
ciary not warranted by the constitution.
g. Usurps on behalf of the legislative de-
partment power to control the executive
department by assuming authority over
an independent and coordinate depart
ment.
We choose to regard the report of
this committee and its bill as q par
tisan attempt to change the will Of the
people on one side, and public endeavor
to make peace where there is no peace
on the other,
The New Orleans Times has made q
summary of the effect of this bill:
/. Each house is assumed to stand by
its own Presidential candidate.
2. ''The determination of the issue
will therefore rest with the judges"
Then the politics of these men called
judges is canvassed. Two of these men
Being Democrats, may be relied on to act
with their party c0nfreres, If not in every
particular, at least so far as the main issue,
viz: whether Tilden or Hayes shall be
President, is concerned.
The same result is predicated by two
other men called judges, who would sup
port the election. Of Hayes. Then comes
the stunning result which we quote, in
dorse and adopt from the Times:
This practically narrows the decision to
| the fifth Judge, and that raises the question
of the necessity and usefulness of the four
teen other functionaries, whose opinions
| and decision are known by the whole world
before they act Their attitude will be
more that Of attorneys than that of judges.
The whole thing, then, looks like q Joint
High CiIcumloention instituted for the pur-
pose of getting the opinion of one of the Su.
preme JRdges-name st present unknO Wn.
Should the scheme be adopted that Judge
will be . truly Great Unknown, and when
he lie selected viii be equivalent to q ma
| iOrity of forty millions of people and three
hundred and sixty,nine electoral votes. Big
thing. He will elect q President of the
United States. CroDin and the Returning
Board will be dwarfed. They will be as
peppercorns compared with the wealth of
4 - - Il
| judge, therefore, becomes q matter of prime
Tho logical conclusion is that the pro-
pressed plan is most favorable to the Demo.
crate, and If adopted is most likely to result
in the announcement that Tilden was elect
| ed President It is about the same as sub
uniting the whole case to Justice Davis or
| Justice Bradley, one of whom il certain TO
pronounce in favor of Iilden and the other
most likely TO do 80.
So this whole scheme, which places the
result in jeopardy Of the death or treach-
cry of one or more men-this scheme,
which prolongs the influence of bull
dozers and bank checks, is, if honestly
enacted, to result at last in the umpirage
of one man. Very we'll Does not the
constitution appoint that umpire7 It is
the President of the Senate. The con-
vention, after having adopted the cOnsti-
tuition s'by the unanimous order Of the
convention" testified to by George Wash
ington, president, and counterngned by
William jackson, secretary, thus an
nounces this umpire:
That the Senators should appoint Pres
ident Of the Senate, tor the sole purpose of
receiving. opening and counting the votes
| for President, and that after be lthe Presit
/ dentl shall be chosen, the Congress, TO-
/ gether with the President, should, without
delay, proceed to execute this convention.
Here, then, is an umpire designated BY
the consultation. Il is q man chosen BY
the States represented in the council Of
the States, chosen for the sole purpose Of
deciding the electoral question, and pro-
mitigating the result On the other hand,
it is now proposed that similar umpirage
shall be arrived atin the form Of another
man, called 8 Judge, not appointed for
this ''sols purpose, but subject to such
influences as the Tines has properly sug-
gssted
We have but Q word as to men called
judges. They SIRE precisely as other men.
Men as kings can do nc wrong. Men as
the vieegerents Of God on earth are IN
fallible. Men 50 hold the balance Of jus
tiee IS that it may not kremble nom is
eqnipoise by the least dust Of vsnality, On
he aligbisst breath Of prejudice The
Yoies Of the people Is he voice Of God.
suoh are the theories IS 70 oaah q these
auiocfais and hrbigan q humanity. We
deal e present with Judges. Where has
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