Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-01-17

power 70 seat or unssdt pefsons clsim-
ing membership thsfeiiH We had not
supposed thst thsfs Va 8 single
STATE In the Union In which proposition
20 abolish that section would be fatcred
bv even respectable minority. Yet tho
fsct & that in New York PROPOSE
ton Il to be acted upon BY the present
State Legislature taking sway from thas
body the power to pass upon the elections
and qualifications OF its own members
and comforting it upon the couxts; and We
learn with surprise that the proposition mas
been received with very general approval
"by persons belonging to both OF the
great political parties" We do not kno"
BY how many persons. but the presump
ton is that large minority, II not q ma
jority, of the voters are inclined to turn .
favorable ear to this radical reform"
BLACKSTONE says that when an old law
becomes unpopular and is repealed be-
cause nobody knows the reasons for rs cx-
istence the result soon brings to the iront
good reasons tor the old law. IL New
York adopts the proposition under con-
alteration she will soon learn from sad ex-
perience why the fathers OF the repuphc
provided in their State and national con-
stitutions that every lsw-making body
should be judge Of the elections. quain-
cations, and returns OF its own members
Would we be willing to entrust the deter.
mining of the membership in the United
Station Senate OF House of Representatives
to the State courts? Would we be willing
to entrust that duty to the Federal courts
Would we entrust it to Juries OF 10
iudges What would DO the result OK
converting the courts Of justice into TIL
bunals tor the determination OF the ques-
ton whether the Republican or the Demo.
cratic claimants were entitled 70 DC sea.eo
in q legislative body? Even the great
Chief-Justice JOHN MARSHALL was 30 strong
aFederalist that some persons charged MN
with allowing his party preiudices 10 Color
some of his decisions.
Such a case as the contest between Sena-
tor CALL and Governor FLENISd'sa
for a seat in the United States senate
would almost certainly be decided by the
courts in favor Of the Governors APP
pointee and by the Senate Itself in favor
of Governor CALL. In fact, to empower
any body of men or any sort OF tribunal
to pass upon the titles of the members o
law-making body to seats in that body
would be to change the whole structure
of our Government. The Congress pro-
yided for by the trainers of the Constitu-
ton would disappear, and IN its place
would arise new snd totally different
Legislature. The Constitution itself would
no longer be the work of the fathers of the
republic. Instead of gong to Washington to
meet congressman elected by the people
and pressing their claims to recognition
before the Senate or the House of Repre-
sentatives. our congressman would &c
thither with cooked credentials" in then
pockets--credential made out in colo
blood long after elec.ion-day by set oil
body of men much more likely to perpe
tra.e wrongs than to correct them The
influence upon the legislative bodies would
be bad. The influence upon the courts o.
Justice would be worse-would be deplo
rable.
But we do not think that the people o
any State in this Union will ever take from
their legislators the power to judge of thu
elections. qualifications, and returns o.
their fellow members or fellow-c claimants
Of seats In the State Legislature.