Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1877-01-23
THE PROPOSED SETTLEMENT.

timore San of Thursday gives the following
salient points of the plan adopted by the Cons
mittees of the Senate and House for the settles
ment of the Presidential question:
On the second Wednesday of February,
the day provided by law, the two houses will
meet in joint convention in the hall of the
House to proceed with the count of the vote.
The President of the Senate will open all tho
certificates received by him, and submit them
to the joint convention. All votes to which
NO objection is made shall be counted. All
votes which both houses concur in rejecting
shall be rejected. All cases of contested
votes where the two houses disagree shall be
referred to q tribunal to be composed of FIVE
members of the House, elected by that branch,
five members of tho Senate, elected by that
branch, and four justices of the Supreme
Court, Clifford, of the first judicial circuit
Strong, of the third circuit; Miller, of the
eighth, and Field, of the ninth. The tribu-
nal is to be completed by the selection of
fifth justice of the Supreme Court by the four
abeve-named, according to such q mode as
they may decide upon.
The tribunal thus constituted will BIO au-
thorized to examine and take testimony in
reference to all contested votes upon which
the two houses do not arrive at a concurrent
decision. After making up its judgement
the tribunal will report the result of the same
to the two houses, specifying what set of
votes should in its opinion be counted. These
votes so reported proper to be counted will
be counted unless both houses decide other-
wise.
The fact that this proposed bill has re-
ceived the sanction of Mr.. Hewitt, and thus
inferentially OF Mr.. Tilden; and of Bayard
and Thurman, in whom the people have
great confidence and of Conkling, Edmunds
and Frelin ghuysen, the most moderate and
patriotic of the Republican Senators, will go
long way, and ought to go long way, in
recommending the measure to public cousid-
Grafton. The opposition of Morton and Sher-
man will have similar tendency upon the
minds of the conservative masses, who are
only anxious that there shall be fair count
The most serious question which has been
raised in reference to the bill, is one in re-
gard to its constitutiorality. The argument
of the joint committee upon this question,
while it is not as strong and conclusive as we
could have desired, is, nevertheless, satisfac>
tory. The bill distinctly and emphatically a.
bandons the Radical ground, that the Presi-
the vote. 1t comedies this power and duty to
the Congress, embracing both branches as CO.
equals. Their right to 60 behind the returns,
to the extent of ascertaining what electoral
votes are constitutional, is likewise conceded,
The remaining question was in reference to
cases in which concurrent action could not be
had. When, for example, two certificates
came from the same State, and one branch
decided in favor Of receiving one, and the
other declared the opposite certificate legit-
innate, which was to be counted If both
were rejected for want of concurrent action,
and yet nobody should dispute that one or the
other must be constitutional and legal, could
it be said there had been no election =?
The proposed bill meets these difficulties.
1t admits the co-cqual power of the two
Houses in making the count, and provides an
agency for carrying that power into execution.
This agency seems, under present circum-
stances, to be both necessary and proper. 1t
is necessary, because without some such iris
bunal, it is morally certain that the two
Houses can not count the vote and it is
proper, because it is adequate to the performs
ance of the high duty which will be required
of it.
We have not seen the full text of the bill,
but there is one restriction which, if not en-
odied, should be inserted, and that is, that
the functions of this advisory tribunal should
cease BY or before tho first of March
This would prevent any artifce whereby tho
process of counting could be continued be-
yond the fourth of March, and leave the
House of Representatives free to elect, in
case there is no election.
Upon the whole, with proper provisoes, if
not already inserted, we favor the passage of
the bill.
During tho impending crisis of its discus
sion and fate, We express the hope that our
representatives will all be found at the post
Of duty. II they cannot subordinate their
nal ambition to the demands of patriot
ism, and the interests of their constituents,
they prove themselves unworthy of further
preferment. We hope the Democratic Sena-
torial caucas, in Wheeling, will adopt a reso>
luton that any Congressman, of either House,
absenting himself from Washington during
these perilous times, shall not receive the
vote of the Democratic party in the Legislature.
PRESIDENT OF THE UNIVERSITY.
The Board of Regents of tie West Vir>
gnia University have appointed Rev. j. r.
Thompson, of Morgantown, as President of
that institution.