The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-31

| til a new election. The methods are all
as peaceful as the sleep of an infant on its
mothers breast. But what do we bchold9
| An attempt to evade, to change, TO over
| throw, the provisions of tho Constitution,
not in the prescribed method for amending
the fundamental law, but by q simple, hasty
act Of Congress
We are told 1t will save trouble and OK
rcnse. In rcpiy we ask the American people
for phdt sum are hey riilin0 10 barter The
Constitution Of their country?
The President of the Senate shall open the
certificates in the presence of the Senate and
the House Of Representatives. says the
Constitution. This provision was adopted
by the Convention rs an amendment to the
original draft reported by the Committee Of
Eleven. Evidently IL was intended that the
Senate should be there as the Senate, in the
plcnitudc of It's power, unshorn of any Of its
jurisdiction; and tho House, as II distinct
body, with all the powers OF the House Of
Representatives. But what are we TO have
under this bill2 The Senators arc TO be
present, but not the Senate, for the Senate
has, for this occasion, persisted by its own
suicidal hand; or 1t has gone into voluntary
bankruptcy, making this fifth Judge the as
signoe Of all its authority; and the House
has como and done likewise. 1t was an I'M
worthy act ON the part OF both; but more
ignoble in the House, because freshly sprung
from tho loins OF the people, and bound by
the most direct and nearest ties to defend
their rights by maintaining its own.
The Constitution Is herein plainly vio-
lated. The Senate and tho House, which
are TO meet at the counting OF this electoral
vote, shorn of their strength and their
glory, will no more be the Senate and the
House required by the Constitution to be
present, than ABRAHAM LINCOLN, when he
lay stark and stilf from the wound Of his
assassin, in his winding sheet, continued
to be President; nor moro than he who has
abdicatod the throne continues king.
~ 10 hdbit NiitN lli' 4NtW iIih ,'ilu-
tor who in discussing this bill, devoted 50
much of his argument to the danger which
would result from entrusting the vast
power OF deciding an election OF President
TO one man-the President OF tho Senate
did not himself perceive his own inconsist-
ency In intrusting tho same power-as his
An .t..t..
Judge.
1t is not the least objection TO this bill
that it drags the Judges OF the Supreme
Court into the political arena. Already the
Chief Justice has made public announce
mcnt that the Court is adjourned on account
OF the political engagements of his asso-
ciates The respect Of the people at large
for the Court will DO diminished, as It ought
10 be diminished; for Judges who volunta-
rily leave the judicial bench TO minglc in
heated political turmoils can hardly be ex-
pccted 20 return cool and impartial.
If anythlng were wanting to render this
| bill as ridiculous as It IS unsound, it would
be found in the concluding provision that
nothing therein contained shall impair the
right Of either Of the candidates to appeal TO
the Supreme Court Of the United States for
the adjudication Of his title 10 the Office Of
President. Appeal TO n Court without n
quorum left Appeal to Court a majority
Of the Judges Of which shall have Just
passed upon the very question in disputed
1t is said that it is TO preserve peace that
this revolutionary measure has been passed.
Peace against whom, pray? There are more
men In strait-iackcts in the insane asylum
of single State than could be mustered
in year TO contend by force about this cleo
ton. 1t was bound to be settled peacefully at
all events. Ii there had been any civil wrong
only civil remedies would have been sought
There was not 50 much danger Of war us Of
an earthquake; for an earthquake may hap
pen where one never occurred before; but
war on this question was absolutely impos-
sblo There was nobody on either side who
wanted to fight; and the talk about blood
shed was more idle and less Intelligent than
the chatter OF parrot.
To guard against wholly imaginary evils
great positive mistakes have been commit
tod tho supreme Court has been degraded;
the Senate and tho House have abascd
themselves; usagcs as imo-honorcd as
that which forbids third term have been
disrogarded; the ono man power has been
dangerously exalted; tho Constitution has
received q stab. Safety, peace, and honor
lay IN the beaten track. Brave men and
statesmen should not have been frightened
from it by shadow.