New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-01

| The resolution was not read. In accordance with
| the previous agreement both houses then took q
| recess.
FIELD CAUGHT MAPPING.
FAILURE OF HIS GREAT QUO wARRANTo scHEME-
Mr.. TILDESs LAST FLLCKEmSG HOPE DIsAP-
PEARS.
fDY TELEGRAPH TO rRIBUNB.l
WASHINGTON, Feb. 2S.-The plans of the Demo-
cratic cOnspratOrs miscarTied in several particulars
to-day but David Dudley Fields failure to get his
quo warGptO bill into the House before the count
ing of the electoral votes was resumed. was far
more diScouraging than any other Of their defeats.
Mr.. Tilden gave up all hope of being inaugurated
on the 18th Of March after the decision of the Com
mission the Louisiana case, but after much con-
sultatOn with the managers of his case in Washing
ton, he did to the conclusion that he could
hearing in the courts of his own selection, or
failing in that, that his friends in the House could
force the country to hold new election. With this
end in view the two bills providing for vacancy il
the electoral count was not completed and author
izng quo lcGrdntO proceedings in the courts of his
choice, were prepared and placed in the hands of
David Dudley Field. Mr.. Tlden does not want anew
election. He knows that his chance of securing the
nomination again would not be a. good az he could
desire, and that if he carried the National Conven-
ton he would still have before him long ana ex-
pensve canvass with all the Odum Of the past cleo
ton scandals added to those of the last campaign.
The Presidency secured at such q price would be
dearly bought, but even then he would have no as
surance of success. The Democratic party was
never very united in its support of Mr. Tden. and
the events of the present session of Congress have
not tended to heal its old differences For these and
many other reasons the late Democratic candidate
prefers lawsuit to new election. As one Of his
1,. ;frbt III rioE
as great and the chance of better. Ii could
BIO settled in six months, while election would
not be decided i'll year. and the necessary expendi-
ture of money would be much less"
1t is true tn It Section of the Electoral law pro-
vides that nothing in the act shall be held to i'm
pair affect any right now existing under the Con-
sttutlon and laws to question, by proceeding in the
judicial courts of the United States, the right
title of the person who shall be declared elected
who shall claim to be President or Vice-Presdent of
the United States, il any such right exists" But it
is doubtful if there any clause III either the Con-
sttutiOn the laws that creates such right. The
trainers of the Constitution and the makers of laws
Oh this subject never intended TO have any question
arise about the legal title of the President or Vice
President to his office. In instance at least they
made an exception when comforting jurisdiction
upon the district courts for the very purpose of pre-
venting them from entertaining quo rdrrdnto pro-
ceedngs against the highest two executive officers
of the United States But even if the right to nsti-
tute proceedings does exist, the only court having
jurisdiction would be that of the District of Column
bia and Mr. Tilden would prefer to bring his suit
elsewhere. For these reasons il was thought neces-
sary to pass the qpo WdrantO bill.
The bill passed yesterday TO provide against
cancy was simply introduced in order to quiet the
conscienceS of Democrats who base their oppO
son TO flibustering not much on their sense Of
honor as upon their fear of anarchy and revolution
should the count fail to be completed. David Dud-
ley Field and those who acted with him thought
that having sent this bill to the Senate they could
say to the Democrats of this class If the country
is left without President after next Sunday in
the House will not be responsible and will not be
held so by the people. We have shown our
desire to avoid an interregnum by pass
ing bill to guard against it, and if
the Senate does not accept it it will not be fault.
The fear off vacancy ought to have weight what
ever in determining what course we shall now pur-
suer The bill that ex-Gov. 1ilden was most
anxious to have passed the one in relation to
quo uarrdntO proceedings and David Dudley Field
intended to report it to-day before the Joint Con-
vention of the two houses met to hear the CommIs-
son's report on South Carolina. His purpose to
make this bill the basis of all future flbustering
propose to the Senate that libuscrng in the House
should cease when that body agreed to the BILL but
that unless that bill became a law the House would
see to it that the count was not completed by IL
o'clock noon on Sunday next. To the Democrats
who bavo thus far refused to act with the fIbusters
he intended TO present the case in light which he
thought would DE irresistible. He would say TO
them. Pa" All Mr.. Tilden wants is trial Of
his claim to the Presidency on It's merits
| We thought we should have this in the Electoral
| Commission, but we have been cheated and de-
| ceved Now we simply ask for a hearing in the
courts and ask you to help force the Senate To
! glant IT, This count can be completed at any time
IN four hours aud we have no intention of prevent
| ing it, but do wish to show the Senate that We
| have the power 10 do so If choose and that we
will 10 if they do not pass the Quo WarrautO bill"
This was the purpose of the two bills. One of them
| was passed yesterday by the active aud of the
! Speaker. hut the other not reported to-day
through Mr.. Fields ignorance of the rules of the
House. Ii cannot now possibly come ia before the
electoral count is completed. and then it will be inn
| possible to use il as a menace To the senate.
| David Dudley Field said late last night that he
would rather take his chances IN quo WdrTdnt 10 suit
than in election. He Is not likely to take his
! chances III either.
MR.. RANDALL MAKING FRIENDS.
| HIS RULINGS AGAINST DILATORY MOTIONS GIVES