The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-01-25

therefore tue question whether Hayes or Til
den shall De President, will hang on the party
choose.
Then Il D. at last a matter Of chance. II has
dropped the original scheme OF deciding the
pariy balance Of this Returning Board by drop
pins one member by lot; but u has len Ii 10 the
chance oi the ehoice Of the mn Justice by the
four Justices. But there are chances that among
nve kepubiic1m members Of Congress. 10 select
ed, the emlssaries Of Tilden may md one who
j. wceak-kneed or or color. or that that barrel
Of money which was tucd la vain on the Ile-
turning Boards Of Louisiana. south Carolina
and Florida. aud which aid flnd a spot In ore
uou may fnd a f,lnea ,vit.r.. Ia can ~. y.,.5
And as Tiiden has nothing TO lose, and every
thing TO gain, he can we'll afford 10 agree ~ a
compromise which 50 loosely opens up new
chances.
LISA novel theory that justices Of the su-
pTeme Court should be brought la o. Judge mm
affair as membefs OF political parties. aud
should be required 90 complete their tribunal
by selecting another Justice, according 10 their
parry allegiance. But this is year OF constitu-
ttOual Progress. But suppose that alter these
four Justices shall have been especially select
ed for their business, a. Democrats and Repub-
llcnn~, one Of them shall say that a Justice of
the supreme Court can know no party in the
discharge Of bis functions. aud should give his
voice In the choice Of the finh Justice ON that
high lud ieial plane2 Ifnny one should do this
would u be morcIilgeiy 90 be Dcmocrat or a
Republican?
Every Democrat will answer that where par
~ Democracy b. bred in the bone 10 stays al
ways in the flesh, and that no Democratic JUS
tice could be- 80 false 20 his party. On the other
hand, many Rcpuhl leans Will answer that for
Y
I ne cfmtnently Republican and natural, even
when chosen as "a partisan.
As Hayes j. legally elected aud Tiiden g. ic-
gally defeated, he can afford 10 agrte 20 any
kind oi u plan that will give hirl q wcw shuttle
ana cut. And the more elaborate iIe shuttle
the more the chances for him.
~ iaevidcnt that the members of the COM
mites on the count-excepi senator Morton
regard the National Constitution AZ a thing
which Congress can set aside by joint rcsolu-
ton, especially n it be In the name Of Compro-
mise. The scheme carries the assumption that
Congress r. judge OF the elections and returns
Of the Electors % President. and il Judge who
shall be- elected President This, az any FORM
I er Time, would b. thought a tremendous usur-
patton. A. both houses will generally D. ol
one party, % VIII result in transferring the
I Congress.
But even II We grant that Congress Is Judge Of
the election Of President, that does not make
1 the supreme Court the Judge. Much less doe.
| ~ make number Of justices selected from that
Court, 9y party stripes, the Judge 81 the olec
/ lion. And II Congress has this power % ludg,
the electlOu, that does not give 4 the power d
JOB out tbe function 20 outside parties.
/ These justices. picked out by their parts
stripe, as sheep farmer picks out his own
| sheep by the mark ON the rump. do not act iE
the bench into the political arena 10 embroi
themselyes in a party strife aud strictly 20
No Justice OF the Supreme Bench will accep
| this political and party umpircship, uuless hl
| II impelled thereto by n strong party spirit o
| viii be gone from that time aud IN he tim
steps down. he should step out. w do not De-
I
come a tool in this lur rgling device.
| And, although IL may BE- that the persnf
WHO j. turned up Presidential Jack thruuri
this shuttle and cut will stay Ia, yet Il viii b.
| "a legal election.
sober people outside the unwholesome air o
the Capital are amazed 90 hear Of such prupusi
fiOus 10 yet aside the National Constitution. .has
ing entertained and actually agreed 10 by rep
reScntntives OF the two parties. The EeVolu
lutionisis Of France hardly tore old institution
20 pieces more rashly. What they are proros
iug 20 do Is Of immeasurably more impurfamc
N VII IFF her
| shall be- President The Nation can surviv
the Pres idency of either. But after this revo
| luton Of the Conrtltution in the matter 0f elcc
ting the President. and this usurpatinn h'
Congress Of power 20 say who shall BE- Hrasidcn
aud even TO job u out for outside persons 90 do
/ eide, ~ ~ not likely that we should have am
| more elections II President by the people. No
could respect for the Constitution remain afIe
| this assumption by Congress Of powc+ 20 sct {
l aside