Year: 1877




indorsed by the American people, and
that its few partisan opponents VIII
become as odious as the small body OF
Northern copperheads were during the civil
war; The committee have discharged their
duty in spirit of justice and Cancellation
and with degree of practical wisdom which
protects their plan from every species OF
criticism except captious partisan cavils. All
specious grounds Of cavil are also removed
by wise modification of the process
for selecting the five Supreme Court judges
who are to serve on the commission. There
is an excellent prospect that Congress Will
pass the bill and the President promptly ap-
prove it \; and from the moment that 1t re-
ceives his signature the country will be per-
fectly safe, is it is already greatly reassured.


In framing their plan the committee had
before them these, among other elements, to
be met:-First, to devise scheme which
should really and finally decide the election
within brief time, say two or three days,
after the meeting of the two houses to count
the vote, SO that neither Congress nor the
country should be too long exposed to
an unnatural and injurious excitement;
second, to form such plan as should
not by it's mere adoption declare the
President in advance, for it is evident that
no plan doing this could hope to pass both
houses--onc democratic, the other republi-
can; third, to remit the decision to such
commission as would command the con-
fdence of the country, whatever its decision
might be- and thus secure prepon-
derating public sentiment in favor OF con-
tentment with the result; and finally, to
propose something clearly constitutional.


Comparing these elements Of the problem
with the solution attained it is our opinion
that the committee have done wisely, and
have been extremely fortunate III their plan.
Take, first, the last OF the conditions we
have recited above, and it is clear that tho
plan is entirely constitutional. There are
abundant precedents for such committee
as is proposed, composed in part Of mem
bers of both houses and in part of experts.
The last session of Congress furnished
such precedent in the appointment of the
well-known Silver Commission, which was
composed in part of members of both





houses and in part of experts. 1t would have
been a mistake to put upon this committee
the duty of actually and finally deciding
the questions submitted to it. That might
seem to give into other hands questions
which, as everybody is now agreed, belong
to the two houses or to the lawmaking
power. Hence it is wisely required that
koJ cho11 ha rofo fA
the committee and it's decision shall be re-
ported to the two houses but the decision
is to stand unless the two houses concur in
reversing it.


Of course if one House could reverse the
decision of the committee the settlement
would not be advanced an iota by the COM
mttee's labors. Hence the concurrence Of
the two houses is required to reverse the
commissions decision of any. case; but this
power of reversal not only keeps the whole
matter within the power of the two houses,
but is also a safeguard against any decision
of the committee which should be plainly
repugnant to justice.


1t would be competent for Congress,
in forming such commission, to select
any persons it chose to act as ex-
perts; and the selection OF judges Of the
Supreme Court is the wisest that could be
made because they are experts, and for other
reasons. These high officers are perhaps
the most Independent men in tho world.
They hold their places for life +; they are
entirely Independent of Congress and of
political parties, removed from the strife
and turmoil of partisan politics. members OF
the most august tribunal known to this
continent, and all men of blame
less and exalted character. In the general
and progressive degradation of on,
politics the Supreme Court has maintained
unspotted its high character, and retains,
undiminished, the affectionate confidence
and veneration of tho people. TO have
placed the responsibility of decision upon
the Supreme Court as such, rs was proposed
at the last session, would have been ar
error it was generally felt to be so when il
was suggested, for, as was said, ''it woult
drag the Court into politics" But tt
choose certain members of the Cour
to act as experts in helping to de
eide questions which involve the jus
Interpretation Of the constitution, a
we'll rs matters Of law and evidence, is
different thing entirely. TO this the judge
can consent, and their high and venerabl
character and independent position, as wei
rs their technical abilities as the highest ex
Founders OF constitutional law in the coun
try, will secure for any decision III whcl
they take part degree of confidence an
satisfaction among the people at large whc
could not otherwise be obtained.


The Joint committees plan has tn
crowning merit of being so framed that it
adoption does not of itself decide the cleo
ton. 1t is neither Jury to acquit' nor