The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-05
TILDEN's QUO WARRANTO.

A casual remark of the president, one
day last week, to the effect that his own
tenure of office might not be secure, as he
had been led to believe that his title would
be disputed, gave rise to the rumor that o
writ of quo aoa,ranto, or notice of such a
writ, had been served upon him by the at
torneys of Samuel ]. Tilden; but inquiries
in the proper quarters developed the fact
that no such writ had been issued or served
no application had been made therefor, and
that no notice Of such proceeding, or con-
templated proceeding, had been given.
The rumor, however, would not down, but
has been gaining in volume and force from
day to day. 1t is stated that MIR. Meriick,
one Of the democratic counsel before the
electoral commission, has prepared for such
proceeding in behalf of Governor Tilden,
and that Immediately after the settlement
of the South Carolina and Louisiana CUB
ernatorial questions-if the result should be
the recognition of Hampton and Nichols
proceedings will be instituted at once.
But MIR. Merrick denies that he has pre-
pared any such papers, that he has any
intention of commencing such proceedings
or any knowledge OF any intention on the
part of Governor Tilden of making any
further struggle for the office. With this
denial the rumor takes another shape, and
it is now announced that David Dudly
Field will, in behalf of Governor Tilden,
continue the contest in the courts, and is
only waiting for the president to stultify
himself by recognizing Nichols as the law
full governor of Louisiana and thus, accord
ing to Fields and Blaine's theory, admit
ting an impertection in his own title to Of
flee.
Where there is 80 much smoke there may
be some fire, but we are inclined to doubt
1t. The electoral bill provided that moth
ing therein contained should "be held to
impair or affect any right existing under
" the constitution and laws to question by
proceeding in the judicial courts of the
United States the right or title of the
"person who shall claim to be president or
" vice-presdent of the United States, if
any such exists" This clause is, as will
be seen, very guarded and, without admit
ting or denying the right of claimant to
the presidency to test his title by quo uar-
ranto, neither conferS nor takes any such
right, but leaves the matter precisely where
it was before the passage of the bill.
Whether such right exists, VIC do not pro-
pose to consider. 1t is enough to say that
the ablest constitutional lawyers of the
country, democrats and republicans alike,
have united in denying the existance of
any such right, and that the object of Mr..
Fields bill was to confer such right. That
bill having been defeated, 1t was supposed
that the matter was set at rest forever.
We are inclined to think that these ru-
mors are set on foot by interested parties
to deter the president from carrying out his
southern policy. The carpet bag republi-
cans and their northern adherents are very
anxious to keep this southern matter boil
ing that they may continue to gather in po-
litical spoils therefrom while the bourbon
democrat sees that il the president sue
ceeds in bringing peace to the south and re-
storing local self government there. the
color line will be broken down and no
ground of opposition to the administration
will remain, and 80 the hope of demo-
cratic restoration will be gone. But the
president was not born in the woods to be
scared at owls, and so the work of SOUTH
efn paciflcation and the restoration of self
government will 90 on to its final consum-
nation.
But for its disquietlng effect upon the
country, we should regret that there was
even The shadow of doubt In reference to
the right and power of the supreme court
OF the United States to adjudicate the title
to the presidency. II the principle upon
which Louisiana and Florida we're counted
for Governor Hayes is correct-and II is
the good old democratic doctrine of state
rights, which has. at one time or another.
commanded the assent of all of the public
men of the present day--then it would fol-
low legitimately and logically that Mr..
Hayes might be both de jure and de facto
president, and, at the same time, Nichols
might be the de jure and de Jacto governor
OF Louisiana. There Is nothing inconsist.
ent in these two positions. Indeed, one
would naturally and necessarily follow the
other, If the proper authorities should de.
clare Nichols the lawful governor of Lou