The New York herald., 1877-08-29
The RePublicsn state Conventional
shipka Pass An Politics.

for the next State Convention and issue the
usual call would be passed as matter OF
routine deserving no comment had 1t not
been for the active participation OF Mr.. A.
B. Cornell in the proceedings. Mr.. Cornell,
while holding one of the most important
federal Offices at this port, is Chairman OF
the Republican State Committee and
member of the Republican National Com
Inittee, having resigned neither OF these
positions in obedience to President Hayes
we'll known order issued in June. Mr.. Cor
nell has not heretofore defed that order,
but simply ignored it. Until now his dis
regard of the civil service order has been
only passive. So long AZ he retained his
position on the State and the National Com
mittee but did not act in the exercise Of his
party functions it would have been difficult
for the President to have taken official no.
tice of his silent contumacy. Had the Press
ident removed him Mr.. Cornell might have
said that it was q removal without cause,
inasmuch as he had taken no part in
running political machinery. The sub
stance of the civil service order is
that ''no officer shall be permitted to
take part in the management Of political
organizations, caucuses, conventions or
election campaigns" Mr.. Cornell's mere
failure to resign his position on the State
Committee or the National Committee was
no violation of the strict letter of this order
SO long as he did not attend any meeting of
the committees of which he is q member
and took no part in their action. Had he
absented himself yesterday from the meet
ing at the Fifth Avenue Hotel, and left the
State Committee to choose pro tempore
chairman and conduct its business
without his assistance, the President
could not have accused him of 'taking
part in the management Of political organ
izations." Had he kept away his con-
tempt Of the civil service order would not
have taken the form of an overt act, and it
would be difficult to maintain that the order
had been defed. But now it is clear case
Of contemptuous defiance. Mr.. Cornell
does, and does boldly, the very thing which
the President has forbidden. The thing
has now come to pass where the President
must either remove Mr.. Cornell or submit
to have his authority openly contemned
The action of the President in SO fagrant
q case of defiance would no doubt be prompt
if so large proportion Of the public men
of the party had not expressed strong disap-
proval of his order. Senator Edmunds says he
has not conversed with republican in
Vermont who defends it. Mr.. Garfield, in
the Presidents own State, said day or
two since, in a campaign speech, that he
thinks the order unwise, and that the Presi-
dent "has gone too far" The Albany Jour
nal and the greater proportion of the repub-
lican press in this State condemn aud derde
it. This is the almost universal sentiment
Of the republican Senators and Congressman
throughout the country. 1t is because their
sympathies are so decidedly with Mr.. Cor
nell that Mr.. Hayes will find it difficult to
remove him.
Ii the President possessed the absolute
power of removal he could cut the knot by
one quick stroke, and make an example
which would cause every recusant Office
holder to tremble for his place. But, under
the tenure of Office law, the President cannot
remove Mr.. Cornell he can only suspend
him. If the Senate disapproves the law re-
instates him. In matter of this kind the
republican Senators are quite as likely to
stand by Mr.. Coynell as by the President
A majority of them disapprove of the civil
service order, and while caring nothing per-
sonally or politically for Mr.. Corne ell as an
individual, they may be willing to make
this a test case with view to break down
what they consider an unwise and impolitic
order. If the democratic Senators come TO
the rescue it will be because they see
chance Of making breach between
Mr.. Hayes and his party and reducing him
to dependence on democratic support. But
if the President should quail before these
difficulties, and leave Mr.. Cornell to defy
him with impunity, it will be confession
that he has undertaken what he cannot per-
form.
The near approach Of a short extra session
makes the difficulty of removing Mr.. Cornell
more formidable. According to law he can
be suspended only until the close of the
next session Of Congress. II Congress were
not to meet until December, with the pros
pect of session extending into June July,
the President would have a long interval for
quietly battling the malcontents but with
an immediate short session Mr. Cornell
would be restored to Office in November if
the Senate should refuse to confirm the
Presidents appointment of successor
Mr.. Hayes is reduced to a dilemma in which
he must either boldly confront this risk or
else let the civil service order die quiet
death by his failure to enforce it IN a con-
spicuous test case wherein it is set at naught
in the face Of the whole country.
We judge it probable that in view of the
fall elections and the early meeting of Con-
gress, Mr.. Hayes will temporize and await
events. He will take no action in the case