The New York herald., 1876-01-14
A Questlon for tho Republieans.

! limitations The constitution is the funda-
mental, organic law of the land Whatever
authority Congress has it has under the con-
stitution. Outside of that instrument the
two houses are only mob. Whatever they
do in accordance with the broad but well de-
fined powers granted to Congress by the con-
stitution is lawful. authoritative, and de-
mands the respect and assent Of the people.
But what authority can Congress exercise
outside of its constitutional limits
Senator Morton, of Indiana, demands that
the Senate shall undertake, by committee,
TO investigate the recent election irD Missis-
sippi, and it is said that his demand will be
supported by the republican majority in the
! Senate. Mr.. Morton is understood to
charge that there has been violence and
intimidation by the democrats toward
the republicans in Mississippi, and that the
| election was carried by such wrongs, and his
object in the investigation he proposes is to
show this. We do not care to dispute with
him as to the facts, though letters from such
prominent republicans as Senator Revels,
Judge Carter Judge Morris and the reports
of ex-senator Pease and others, fatty con-
tradict his general allegation. The real
question which it is useful for republicans,
not in the Senate only but elsewhere, to
look in the face is thisIs there any consti-
tutional warrant or authority for such ON in
vestigation? Clearly there is not The con-
dition of Mississippi matters is this:-The
newly elected members of the Lower House
have all been admitted to their seats without
question, and on the certificates of election,
in proper form, granted and signed by
Governor Ames. AS to the Senate,
no Senator is asking for admis-
sion. Now, then, on what plea can
either house undertake to investigate on
election in Mississippi? Whose election?
Such an inquisition as Mr. Morton seeks is
judicial proceeding who is moving the
court? He charges Irregularities in the
election but in whose? Not in that of the
! Representatives in Congress, for they have
come up with certificates from Governor
Ames that they were duly elected, and were
admitted, without question to their seats.
And even if the right of any one of them to
his seat is contested, this would not concern
the Senate, because, under the constitution,
"each house" s''made the Judge of the cleo
ton and qualification of it's members, and
the Senate has no authority to interfere in
matter which, under the case supposed, be-
longs exclusively to the House A United
States Senator is to be chosen by the present
Legislature of Mississippi He will appear
to claim his seat on the 4th of March,
ha o1a aip
undoubtedly, it is the privilege and duty
of the Senate to consider it, and at that time,
if Mr. Morton shall then be in the Senate he
will be acting within the constitution if he
asks for an investigation, though even then
his demand would be strengthened if he
could show that Governor Ames had refused
certificates to the Congressman elected, and
that thus and in other ways formal protest
had been entered against the election.
1t is not because investigation in Missis-
sippi is necessary that Mr.. Morton seeks it.,
and no one knows better than he that the
true interests of the country require that the
people of that State shall be let alone.
Political capital for the ensuing Presidential
canvass is what he wants, and to obtain it he
is willing to keep alive all the animosities
engendered by the war and to hinder the ex-
ercise of their rights by the white people of
the South by every means in his power and
the power of his party. His mistake will be
demonstrated, perhaps, when it is too late
for the republicans to profit by it, The
people have no sympathy with this policy,
and have about made up their minds that
interference with the internal affairs of the
Southern States must cease If election
in Mississippi is to be Investigated by
republican Senate there is no reason why
the elections in Massachusetts,, New York
and Pennsylvania should not also be inquired
into Interference in one State ultimately
means interference in every State The re-
CULTS of such policy would be the complete
notification of the will OF the people and
the subordination of the States to factious
majority in Congress. The constitution
will not only be disregarded but destroyed,
and mere oligarchy will take the place of
popular government. This may not be what
Mr.. Morton is aiming at, but the people see
clearly enough that this will be the result,
and hence it is not to be expected that his
policy will receive their Endorsement.
We remind the republicans of the consti-
tuition out of pure good will to them. A
Presidential canvass is near at hand the
acts and the merits Of the two parties will be
closely scrutinized. There is no doubt that
many things will be readily forgiven to the
republican party. If it has been extravagant
in expenditures, or lame in reforms, or long
suffering toward certain abuses, we believe
the people will be inclined to overlook many
such faults, as being chargeable mainly to
the President, whose influence, as everybody
recognizes, has tied the hands of republican
leaders, and has often overborne, by the help
Of PATRONAGE unscrupulously used, the good