The New York herald., 1877-01-21
NEW YORK HERALD SUNDAY l87-QUADRUPLE SHEET

sioL-the venerable Judge clifford Il vii, be Il the o
should pass-shaiI be the President o. u, and u :hen
PROVIDES what also hope thai pnrtisans As vel. as
senators and Representatives. All! carefully consider
That the memoers OF said commission hal! respect
iuily take And subscribe the ioi!owing oath =
DO so.erny swear tor sirm she may oe) tha,
WI nparsiay sxainins ana consider 81. questions submit
tae lava 20 aep me God.
No more partisan. no more trend, no opponent
90 more enemy out the solemn judgment o! the Judge
~ appeared 10 u.s. Mr. President that SO ar as human
Institutions can provide 'o justice unaer the law TO
impose upon i've Of ourselves hve OF me gen
tiemen OF the House 0. Representatives anc tive Of
these eminent persons IN the judicial oraIch, TO whom
have referred tina, which each willing
Antrmatlvey takes, would be tC dismiss with US evec
With all the warmth OF our wshes every consideration
tnas shouio either cloud our 'n.eecss or warp ous
decide - not policy. not 10.
ture H. IS only 70 pass apoh The
to the question under The constitution and The sw,
and IN Nc other sense and other way. what mas
taken place according &c the CONSTITUTION, and not
what ought TO take place Or what they cculc aavs
wished should have taken place.
rHs LAsf AND FINAL Horg.
repeat s.f, that /! there DE any value !cN IN The
Institutions o. civ! under law THIS s ;he
last and ira. hope ina, such institutions have.
There nc human agency-tnere is nothing srori of
furnish justcr test OF human rights iran this.
Having thus constituted the tribunal we have com
mitted TO them this duty. Aner providing Tor
OF vacancy. &C, that need no, take your time
speak Of, we have committed &c them this duty.
.
Objections naving beer made to these double returns
or either OF them Il writing ,ns lorna! way, stating
'he ground Q! .hein or without argument, this com.
mis.ol shat proceed 10 consider Inc same and
by majority oi votes decide whether any
snc what votes from any state are 'ne votes
provided for by shc constitution OF the
United States; snai Is what they s.e.
&c DECIDE these papers 20 ascertain which OF the
conflicting claimants as yon msn, say TO me rsns
20 exercse voice III ,he election the
organ the State Is that exactly wnaI the con.
stu,,on reqeres .houia be ascer,ainec by somebody
nm Wuy nnn
SHAT II Is ;he sole question N the case OF dispute and
tha, none other IS conceivable. Whatever conssitu.
constitution declares shall have rs weight without the
right Of anybody mpugn Or disregard
'on ~, What IS the const'trtiona vote o! ;be STATE
and what is the power, u any D! the two presented
that sleaks the constitutional vote oi that State
cord!ng 10 the methods prescribed by the constitution
itseliy Then proceeds 10 say, ''and how many
what persons were duly appointed electors IN sucn
State." rhs nccessary, because III q CERTAIN
OF person having majority OF all the electors
appointed the House oil Representatives IS called upon
BY the TO exercise tho junction OF elcct,ng
toe President OF the United States and so u was
thought necessary that this tribunal, having these
papers before II, should make distinct report apon
pointed OF course. tho words what persons'' would
have meant exactly the same without .he other
returns rather than the other the paper
would show which were the persons who
were named in II, but as mere matter of
convenience OF phrascology the language
rHE SCALE oy JUSTICE.
Then II provides. wnat has been greatly criticised
upon both sices Ot the partisan OF the subject
If may use That phrase without offence to anybody
and think may, Tor ! am partisan myseli-Ihcn
II provides what nas been The subject Of criticism. and
equally intense as tar rs have observed, from both
points Of view. Those who wish one Of the candidates
elected condenn II because II grants much those
who wsn another OF the candidates e.ectcd condemn
~ ~ equally herce terms because u grants
too little IL holds aloit tho scale Vi justice
either wha. does may rhu
Is tho decision that Is committed 10 them 10 what
the constitutional vote OF state. Take into view
such petitions, depositons and other papers, any,
shall by the consiit uton and now existing law be
pcent and permanent IN such consideration" There
is one party IA this countryhvc millions of these
voters to whom have reiorrcd-who desrc--l do not
say It cau be d0ne-but who desire that the Commission
created shall descend below the action Of tho State
authorities and ascertain how many votes were
gwen Tor this man anu tnat man and the
other with view OF course, 10
that done. The other 5000 coo, taxing them
a nass IN the same way dosro thut tho law shall DO
that they cannot descend behind tho action OF the au
Ih0res OF State, be that action right wrong law
iui or unlawful In that state OF opposition o claims
what Is the simple and obvious principe-not merely
OF Justice and lar play, but OF constitutional !awthat
would apply to such case Tue election OF
the President Of the United states Tor the ne II
tour years took place ON The first wednes-
day IN December--thAt is, upon the sup
position that some had a majority oil all the
electors appointed Taking that Tor granted. ard the
and to all be. should be tnose that ptoydcd that
the dispute touching that election which took place
the trSt wednesday IN december snOu.u 10 decided
by the law as 1t was on the hrst Wednesday, in Decem
Der; and IT, by the law as IL was on tho rst wedncs.
day in Decemberand, oi course, Il is the same now
as we say NOW existing law The candidate Of one
partyhis rights measured by that LAWS entitled 10
the office he ought 10 have II. This would DO
u strange republic oil law, Indeed, IT. alter
according TO one law the candidate o ono party had
been elected the Congress OF the United States any
body else should mako new law by orce OF which tue
candidate OF some other party got eected or course
II would be outrage upon the principles OF govern
meut So that lelt perfectly rec-not oniy free but
more than reewc felt II to be bounden duty that
right should be affected in respect of the Candidates o
either Of these great parties Dy tho law that pass
and that tho right OF or b to 'nis great orico
must be determined ny the law as II stands on
the date OF the passage Of this act All Ihat wc de-
signed this 90 and all lhatt does do TO pro-
vide merely the method by regular steps oil lawful pro-
cedurc OF asccraIning what The Law and tho
on that FIRST Wednesday, IN December, 1876.
GOING BEHIND TnE
II has been said bv some that this commission, if
tins law passes, having The vi the Two houses
conferred upon thcm may 80 behind the returns AZ
the common phrase Is. Well II the two houses now
possess the constut iona power TO DO that thing, as
they also possessed 1t on the first Wednesday IN De-
ccinber-and we have only changed the method
the nrst instance oil taking thai step
II the two Louscs, by the constitution Of the
United states the Irst Wednesday IN De-
ccmbcr and now have no Institutional right
10 overhaul the acton Of sovereign state in ITS
selection. under the constitution, o! It's electors tben
THIS commission has no rish TO do IT, Now, ~hnI are
to 10 say that the two houses any
tribunal that Is TO pass upon dispute nave right to
20 10 the bottom, TO disregard the action OF state
W thdt lHcy 'HeU JuTls-
dct0n actipg w.thin ~ tnai they have not rightly
and purely exercised II. Others cAactly the re.
verse. ami tbat IL would be far greater INJURY
TO me Republic thai Congress should assume
the power o ovcihaung the con oi the staies snen
II "ond have that once or Twice, or dozen tnes by
he action OF the authorities oi state.
President rather than another should he elected -
each side would dcs that this Jaw should Dc framed
10 meet It, particular views-the one sidc 10 have :.
say. N explicit terms, 'Nou shall have the authority
that this act gives TO you becau,c the act gives TO
You to go down anu inquire" The otncf would DC
Riad TO have - say. n explicit terms, You shall not
go dow and inquire whether the Law before you
thorizrd any one TO 90 down anu iEqune or not. ;"
What could We dos We could do that, Just that
petning we thought that We have done. and that is
say mat this Presldcnta election must be settled
and settled only upon the constitution and the prnci
prs OF law a. they existed when Il took place.
Who ~ 10 decide what they were when II TOOK
place Exoctly ihc TRIBUNAL that must decide every
tnIng the end whatever tribunal the constit uton
the law constitute Tor the purpose OF such deci
son. This law constitutes rluunai 10 decide That
very thing among Others.
WHAT MAY BE TAKEN iNtO VIEW.
In other words Il 10 commanded 10 oeCide what Is