New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-08-06
&C rvpOSSTBLE TO PASS OTER -


1t has happened more than once that the
only important thing about letter or docu-
ment was the single thing which 1t did not
contain. Mr.. Marbles long letter about the
electoral controversy is a fine illustration OF
the Importance of suppression. There are sew
eral columns of it, but it contains scarcely
anything new aud interesting except one tele-
gram, which becomes important only because
it does not contain one word. On the 10th oil
January, 1877, Mr.. Hewitt telegraphed 10
Governor Tilden, through Edward Cooper, thus !:
After protracted negotiations Senate Committeel re-
ceded nom six Judge lseheme), declined tve judge
and offered senior associate Justices VINO arc 70
choose the fifth excluding Chief-Justce. Our senate
friends earnestly favor acceptance, because hes do not
believe possible 10 pass Oper- -. The Democrats on
House Committee believe this is the last chance Oh
agreement.
The world will waste little time in asking
who "-nis. That he weighs something less
than 400 pounds, and had O special char
made for his accommodation when he took
his seat in the Senate will be news to no
one. The particularly interesting thing in
this dispatch and in the long letter which con-
tains it, is the admission of Mr.. Hewitt that
Democrats of the Senate earnestly favored
acceptance of the Electoral Commission Dill
"because they did not believe 1t possible TO
"pass over -" There is no room to doubt
that Mr.. Hewitt, in this private telegram, re-
ported facts to Governor Tilden. His position
in the party organization, and as Mr.. Iilden's
trusted friend, gave HIM the very best Oppor-
tunity to know the intentions and motives OF
Democratic Senators, and he assurediy was
not maligning them in tins secret dispatch,
then never intended for the daylight. But
what does it show2 That the Democratic
Senators favored the bill because they believed
the cards were stocked, and that certain
nudge. who ranked below the four senior as
sociate Judges, and who could not be passed
over" was privately in sympathy with them
For this reason, and no other, they displayed
that moderation and patriotism" OF which
there has been much Boosting. To capture
the Presidency by this trick was their inten-
ton and their hope.
Let us recall to mind the circumstances
under which this singular telegram was sent.
There were threats of violence. Light Horse
Harry" of Kentucky, "between the sherry
:" and the champagne" had said something
about 100. 900 men. The Democratic Sena-
tors were protesting an ardent desire to
organize an impartial judicial tribunal, of such
high character as to command public conil-
dence, to which disputed questions might be
submitted for arbitration. Whether the
scheme originated with them or with Senator
Conkling, it is certain that it was pushed with
partieular zeal, and with the greatest show
of patriotic fairness by Democratic Sen
ators. The country was greatly impressed
Inv the seeming business of the proposal. 1t
was objected by some-we remember with
satisfaction that it was objected by The TIB-
UNE-that this operation must inevitably re-
sult either in a shameful determination of the
Presidential dispute by a rattle, or in a trick
by which one party or the other must get
cheated. But loud-vOiced professions OF fair
ness and patriotism prevailed, and the Electoral
Commission was created at the demand of
Democrats, and by Democratic votes. And
now it comes out that this mode of settlement
was insisted upon because they believed it was
mot possible to pass over -" Having hidden
some aces in the sleeve, these gentlemen were
periodically anxious to have the matter settled
fairly by game at cards.
II does not appear by whom the name of
60 was suppressed; possibly by Mr.. Hew-
lit himself, in the original dispatch possibly
by MIR. Marble. But everybody knows that
the g." who was expected by Democrats
to be the fifth judge, was persuaded to dis
qualify himself by accepting an election to
the Senate from Illinois. Whether g."
would have decided quite as the Democrats
desired in matters of dispute is at least doubt
full. But the revelation of the motive of these
Democratic patriots is a highly interesting
contribution to history, and it is hardly worth
while, in view Of this revelation, to be sur
prised that some of the same Democratic
patriots are now trying to Overturn the decis-
ion of the very tribunal which was created at
their demand. Such is human nature. No
person living has a keener indignation at
fraud than the gambler who puts up foul
hand, and then discovers that the other man