National Republican. (Washington City (D.C.)) 1872-1888, 1877-05-25
THE GRO HARRANTO BILL TNCONSTL
TTTIONAL

TUTIONAL.
We yesterday declared our belief that
bill prescribing a form of procedure by quo
'cdrrdatO to try the title to the office of
President would obtain but little support in
either House of Congress, and we now pro-
pose to set forth the grounds of our convic-
ton more at large and in detail.
Aside from deep-seated aversion in the
public mind to all manner of retrospective
legislation, which alone would be sufficient,
in our judgment, to defeat the bill if in
tended to be awaited of in respect of the
present term of the office, there are two
other objections, the one suggesting present
reasons of expediency, and the other future
questions of constitutionality, either of
which would probably be fatal to the meas
ure il put upon its passage now, while the
latter will doubtless stand in the way of
later enactments Of the sort. 1t is not at all
likely that any considerable portion of the
people would assent to a proceeding which
can have no public purpose TO serve, be-
cause no public interest demands it, and
must therefore have for its object the ac-
complishment of personal ambition only.
There is nothing in the private fortunes of
any man or association OF men which suffi-
GENTLY cOmmends itself to the affections of
the people TO induce them to sacrifice the
common welfare to advance them. The OBJ
jcct of government, as devised among men.
is the protection of the community of inter
est united in its support, and not 10 afford
exact justice us between contestants for
Office, particularly where the strife
initiates against the public peace,
upon which all government rests. Hence,
whatever the fact rs to the merits of such a
controversy, however just the impinging
claim, it will receive slight popular consid-
Grafton when weighed in the balance against
the public tranquility. And this being so
what encouragement is there for politicians
to presume thought of themselves or theiI
destinies to be occasion for much solicitud,
in the public mind? When fairly dis.
abused Of impressions of their own i'm,
portance by the never-failing result we ap.
prohcnd they are ever inclined to conced,
there is very little ground for such delusion
So when Mr.. TILDEN, or any one hayins
his worldly success at heart, concludes tha
there is any such popular sympathy with
his cause as will justify him or them il
throwing his equities upon the public in
diligence by plea for permission to try
them further in any tribunal there is a gros
lack of judgment and common sense, only
to be accounted for upon the hypothesis sc
generally alleged to be true, that when .
public man is once smitten with the Pres.
dental mania he suffers intellectual retro
version.
But the insupeablc obstacle in the wa,
OF making the question Of the Presidenc,
subject to the decision of the Federal court
in any emergency is that it is at present on,
of state jurisdiction just as fully as is tn,
question of the existence of legal Legisla
turc in one of the States; and il can no nor
be brought within the Federal jurisdiction
except by consent, than can the question o
State boundary, the sufficiency of the adop
ton Of state constitution, or any othe
question of local concern. 1t is beyond dis
pute that 10 the States belongs the duty O
electing President; and if So the onl,
courts open for the trial of any question
touching the merits Of the election are tn,
State courts and then only in pursuance o
express laws regulating the choice of cleo
tors. AS to the courts of the United
States, any question of the right Of III,
electors claiming to have been elected
would be political question of which They
could take no cognizance-One for the de
termination of the political departments o
the Government IN accordance with TIN
provisions of the Constitution on the sub
go ~ ct IL law authorizing proceed