OCR Text |
Show WOT A PARTISAN TRIBUNAL, There was somo anxiety evinced in republican circles in Washington on Wednesday for the election of Judge P.-.vis to the sonate of the United S:atcs, in order that he might be taken out of tho list of available asso-ciata asso-ciata justices of tho supreme court from which tho fifth judicial member of the commission to count tho elec- toral vote id to bo selected. Of course j tho electtou of Judge Davis to the senate will have this eflect, aud the selecttou of tho fifth judge will have to be made from the three following gentlemen : Xoah II. Swayns ot Ohio, Joseph P. Bradley of "ew Jersey, Jer-sey, and Ward Hunt of New York. Those judges were nominated as republicans re-publicans and arc suppjseJ yet to incline to the principles of that party, and it seems to be inferred therefore by some members of congress, that the judicial branch of the commission will divide on tho pending questions according to their partisan predilections, predilec-tions, which supposition seems to us to be a violent one. The five supremo court judges are to bring to the trial of the case as far as possible the law and the testimony, which is to be tested by judicial methods and rules. Tho question will not be one of parties par-ties or of majorities; but will resolve ittelf down to tho equities of the case L:nder the law. No question ot t lay en or Tililen, of democracy or republicanism re-publicanism need trouble them. In ascertaining the powers of congress to count the electoral vote they define thoir own powers under the act and may proceed at once to decide the disputed elections in accordance with tho constitution. The main question to be decided is as to the power ol iiongreas to go behind the certified returns re-turns from a state. That decided and I the romaimler of tho work is merely i a matter of evidence. Ju such a tribunal partisanship will have no! fitting plane, and judging from the unanimity and patriotism which guided the deliberations of the joint committee of congress, there can be no reason to fear a soriouB division in tho tripartite commission, if it shall , be composed, as we presume it will be, of the ablest men to ho found in both houses of congress. Aa to the fifth justice to bo selected it will probably pro-bably make little difference which of the altovG named gentlemen may be chosen. There is but ono legal and fair way to approach tho case and settle set-tle tho controverdy, and that is not by partisan wrangling or browbeating. To the law and tho testimony. |