The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-03
WASHINGTON.
The Project to Refuse Supplies to
Mr.. HAYES Administration.
VIEWS OF SENATOR BAYARD And Mr.. LAMAR.
An Unconstitutional, UDjuStifable and
Revolutionary Proceeding.
ANOTHER SCHEME OF THE EXTREM lists
A Favorable Tilden Outlook
in Louisiana.
OPINIONS OF SOUTHERN SENATORS
Another Version OF the Hayes
Mackey Interview.
ANOTHER SCHEME OF THE EXTREM lists
A Favorable Tilden Outlook
in Louisiana.
OPINIONS OF SOUTHERN SENATORS
Another Version Of the Hayes
Mackey Interview.
FROM OUR SPECIAL CORRESPONDENT.

BOTH PARTIES IMPROvING-RELIANCE ON THE
CONSTITUTION AND THE LAws-vIEws OF
SENATOR BAYARD AND MIR. LAMAR.
There is no doubt that the temper of both parties
here improves, in spite OF tho efforts OF few un
scrupulous politicians to rritatc and iname partisan
suspicion and dislike. The conviction gains ground
that the constitution and laws sufficient cover
ana solve all the present difficulties, that there is
for violence or for illegal doubtful con-
sttutiona proceedings by either side; that the Pres
dcncy is not TO DO scrambled for, and that neither
party can afford to succeed by trickery or by meas
ures or acts OF doubtful constitutonaity.
Senator Bayard asked to-day what he thought o,
plan action understood TO be suggested and favored
in certain quarters but which has found favor here
among the democrats which proposes that In case of
tho inauguration OF Mr.. Hayes, tho House should stop
the supplies for tho incoming administration, Mr..
Bayard Replied
To do anything to hamper the incoming admnistra-
ton by refusing advance appropriations act OF
revolution and almost certainly oil war. We cannot In
this country live Ia state Of scmi.revolution. We
should DRIFT into civil war In fact the scheme pro-
posed would be war. In my opinion the constitution
or aws s'Fa sss on e%s
side, II such. are taken, must not DO
met by unlawful steps on the other. II you make
such suggestion or advocate such policy men will
10 reason on both sides. We suffer to-day
have IN the past, not so much from intended wrong
tent. We must not permit the public mind 10 be
blinded by strife and confusion. We need OF all
things, serenity IN order to see things as they II
Mr.. Hayes is inaugurated under the sanction of law
there should be no suggestion oil violent resistance.
do not believe that he will DO inaugurated ~ violation
OF the forms OF law. think see already better spirit
prevailing. believe there moderate and patriotic
men enough In the two houses Of Congress- on
both Sides get together and settle this question
elected, and II there is doubt who has been chosen
the constitution contains clear and ample for
lvSn nm h. hi nr Ea,
pear that election by the several colleges OF cleo
tors has boon accomplished, the provisions for I'M
same charter Of powers When this result IS made
known the people win demand and the honorable men
OF both sides III Congress will see to that the person
lawfully entitled Is inaugural cd. and no violence will
be needed and none will be tolerated.
Mr.. Lamar, being asked what no thought OF tho
proposition that the House Of Representatives should
stop the supplies in anticipation Of Governor Hayes
inauguration and in of tho OF his
election replied that he considered the policy proposed
subject to grave and indeed nsuperabe objections In
tho first place. no considered II unconstitutional
course. The constitution be violated as much by
a non.pcrformance of constitutional duty as by an
usurpaton OF constitutional power Tho duty to pro.
vide for support OF the government and all lis do
partmcnts is imposed upon Congress by tho consttu.
ton Now what tho constitution enjoins It
intends to DO dono- Not do it to violate that in
doubtful power II it is right for department OF
the government to refuse to perform the functions
which the constitution imposes upon it, it is right for
all or any of the othors TO do the same. Mr. Lamar
added
This idea has been broached upon tho supposed anal
ogy to he Parliamentary power In England to with.
hold supplies asked for by the crown. Before the IN.
troducton of Parliamentary government this course
was often resored tor tho purpose OF wrestling from
an arbitrary monarch the redress Of gricvances but
4 his Of utt hCr ohcn
lctc. l sure 1t has not been exercised
since 1774 Since the ministers OF government uhc
Cabinct) have become the servants of the Commons
and not OF the Crown 1t has dropped tho con.
sttutona methods in England for the reason that 1t
always presoa,ed TO ahv crown h the alternative OF
popular government, is unnecessary. Now, every
department Of this governments represents the
elective principle and consequently this power has
place in our system of government wherein every
department the Of the elective prn.
ciple, more or less directly
Mr.. Lamar was asked "Do you consider tho cours,
proposed TO be revolutionary ?" He replied =
'Ttis apreminary step to revolution; perhaps 1
may say it is ncpient revolution The safety OF this
country" SAID Mr. Lamar, 'and especially the happ-
ness and prosperity OF the South depend on tho
sirctest most loyal devotion to the constitution and
all the disorders that act the country this arc
the result OF departures from the fundamental law. All
tho dangers now apprehcndcd are tho dangers which
will spring alonc from the violation of constitutional
methods. There Is necessity for any revolution or
Tor violence in order to bring the government back to
constitutional procedure. II is only necessary
cenratc tho attention Of tho people upon the VIOLA
ions already commtted and those threatened order
to exercise the danger and difficulty. Indeed
the result OF the OF secession has eliminated from
our system all to constitutional remedies
and happily in this emergency arc needed
Whether the JOINT committees Of the houses agree
tha nf
adequate to a sale and satisfactory and final
solution OF every question involved in the
present emergency. On the Nth OF February
next the houses will be bound under the constitutions
to meet the chamber perfo the duties and
TO exercise tho powers which the constitution dcvoves
upon then, and ascertain tho result OF the
election of President and Vice President Neither
house can refuse 10 perform these duties without alb
ncgating its constitutional power aud violating its
stitutional duty. In TINS august asscmblage 1t is tho
condition OF national life that the duties imposed
shall DO discharged IN the spirit OF truth and patriot
ism. regardless Of consequences to party, but pro-
foundIy anxious for those that concern tho whole
country. If however, rs tho constitution contcm-
plates In this as well as in other cases
quiring tho cooperative action OF tho two
houses, they arc unable to agree upon a decision
whether either candidate has been elected 1t must
follow that there be constitutional ascertain.
ment and judgment put upon record that any has
received majority OF the electors appointed
II Is In effect failure 10 elect. In such
case the constitution clear. IL dcvolvcs
upon each OF the houses Immediately their
respective duties, ono 10 cleo. the President and the
other the vico President. Let tho constitution be
mai ancd nvIoatc and there need be no dsorgan-
izing collisions, and necessity OF rcsorlng TO
force"
rcss the general sentiment Of the nfucn al demo-
Gratis here.
NEWS favorable TO The DEMOCRATS FROM
MITTEEs.
Private news received here to-day from Louisiana 10