, 1877-02-12

act, aud the debates thereon, Tho New York
Sun, which Ia understood to DO the personal
organ Of Alr. T11DEN, had never a word to
say. It did not approve tho bill. hut It did
not oppose 1t by any word or sign. Now 1t
has in come way discovered that tho Court
will not count T1IDEs in, and It declares the
whole Arbitration Law unconstitutiona1 and
the Court itself without any legal authority.
II goes over tbs old story that tho Congress
IL legislative body; that each House Inns its
eeparnte functions; and that Congress, nor
either House, can delegate any Of it, powers,
but must exercise them itself. Therefore
that tlis Court, boing'a tribunal clothed
with the powera OF Congress, Is extra-con-
atituuonnl aud has no legal existence. Con-
gress has power to create rs many courts, in
ferior TO the Supreme Court, as 1t pleases,
and may regulate and define their
jurisdiction and thoir powers. It may mako
tho jndgmonta final or conditional, and at
its pleasure mny abolish tho courta For
seventy yeara Congress acted on all claims
against the United States, but Congress had
eventually no time to consider these claims,
so II created Court and clothed 1t with
authority to hear all these petitions md
claims, aud 10 give Judgment thereon against
the United States. Some Of these Judgments
aro penal, but all stand against the United
states unless Congress ahnll decide other
wise. Did Congress delegate" my OF It's
legislative power 10 tho Court Of Claims
Did 1t delegate It's exclusive power to order
the payment Of money ont Of the Treasury
to three Justices Of IN inferior court
IL tho law creating tho Court Of Claims
therefore unconstitutional In this Court Of
Arbitration thoro Is no moro " delegation" Of
power by Congress than thoro is in tho act
creating Court Of Claims, or In authorizing
tho Commissioner Of Tatcnts to extend OF
renew patent, or III authorizing various
officers Of tue Treasury to ray money ont Of
tho Treasury without specific appropriation.
Congress In this net found itself with oppos-
Ing majoritiea In tho two Houses these 1na-
joritlcs were irTeconcilable. Congress WINS
invested with the duty of counting the
Electoral vote; that duty involved the con-
8ideration mud decision Of many judicial
questions. Congress therefore, by law, pro-
vided for tho manner in which the Electoral
returns should DO counted,-frst, oil those
votes wherot There vera no conflicting returns
md, secondly, those where thare was q con-
test These contested cases were to DO re-
ferred to aCommission embracing Representa-
tlyes Of each House mud OF the Supreme
Court. Thta tribunal was authorized to ox.
amino and report on each case, and this
report was to stand rs tho Judgment
Of tho two Houses Of CongrcEa unless tho
two Houses should reject tho same,
mud otherwise order. In this thers was no
delegation Of power. In each House OF
Congress there Ia q committee on the ex-
penaituro Of Tie contingent fund. Those
committees axpend Tho money, but their
action is the action Of the body they repre-
sent. Tho decision Of the Court Of Arbitra-
ton has no authority as tho dccialon Of that
Court; the law makes tho report OF that
Court tho decision of tho two Houses Of
Congress, unless the two Houses Of Congress
shall reject tho same. There iB no aelega.
tion Of power, either by Congress, or by the
Senate or tho House. The law makes tho
report Of this Board the report Of the two
Houses, unless they shall otherwise doclnre.
The talk about the unconstitutionality OF tho
law Ia transparent nonsense. The principle
OF tho bill is an universal ono in all legiala-
tion, and undorlica much OF tho legislation
Of the country.