The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-02
No Power Under the Constitution
to Gust Mr.. Hayes.
AN INVESTIGATION PROBABLE.
Alleged Irregularities in the Bureau OF
Engraving and Printing.
The Bankrupt Bill Referred by
the Senate.
FROM OUR SPECIAL CORRESPONDENT.

FROM OUR SPECIAL CORRESPOND tNT.
WASHINGTON, May l, 1878.
TEE FLORIDA DEvELoPMENTs-AN INTERMIN-
ABLE INVESTIGATION THREATESED-LEAD-
ING DEMOCRATS IN OBSERVATION-DISCLOSURES
DISCLOSURES FROM LOUISIANA AWAITED.
What to do with or about the Florida afhdavits con-
corning electoral frauds is question which has en-
gagged the attention Of both democratic and republican
statesmen for several days The proposition to refer
all afirav,ts and other papers 10 the Judiciary Com
mite or 10 a special committee for examination
and Investigation gains the most favor, but
the question then arises. Where shall The investiga-
hon thus begun be OF, long will il continue
and what alter ALL viii be the of II? 1t is under
stood that in democratic and in republican hands
there is a mass OF aihdavits covering statements
about all the counties and precincts in Florida Ia
which frauds charged, and from all or nearly all
The republican election officers. or course these
persons accessible, aud the examination OF their
nfidavlts, II a committee is ordered to do this will
be preliminary only 10 the summoning Of their au-
taors TO give testimony in persons Unless pubic
opinion and the press prevents IL oy decided ex-
preston the country is threatened with an intermln-
able Investigation to prove what everybody who
looked the matter believed IN the spring OF last
year, and what one has ever disputed except on
general terms-namely that Florida cast her vote for
Mr.. Tilden the republican officials down there
manipulated It in such a manner as under color Of
law, to give II TO Hayes.
So lar can be ascertained hero the greater num-
Der OF democrats IN both houses are strongly dsin-
cned to carrying these anidavits into Congress for
an Investigation They content 10 submit tho
evidences OF fraud to tho people in tho fail
canvass, and say that, far Mr.
Hayes is concerned. tho Electoral Commission
deoIded In his favor, not on the ground that he was
elected but the ground that the Official returns
which Congress, under the constitution. declares the
President were In his favor, and the Electoral Com
mission, as Referees decided that there was no au-
ihority TO go behind these returns That decision
accepted bv the country, and these democrats agree
with Mr Charles Francis Adams that II is better for
the country to ''aow matters remain IN stdu quo
This being they what business has Congress Win
these afdavs and proofs OF the traudg The election
Of 1876 past II we have proofs OF fraud then perpe
trated orderly and perfectly legitimate course Is
TO lay them before the people next fall and cal
them to punish the authors Of the great wrong.
Sound lawyers the democratic side go to say
that Congressional have but OBJ
icct-to Gust Mr.. Haycs-but that investigation by
Congress can help TO do this. These lawyers,
who arc eminent and influential in the best
democratic counsels here. say that the Kimmei BILL
called for testing the title the Presidency is alb
surd aud clearly unconstitutional 1t attempts. they
say, enlarge the original jurisdiction the SUI
prcme Court which, IL has been uniformly held Con-
gress has power 10 do. In the case or parto
Yerger Eighth waIlace) tho Chief Justice, delivering
he opinion, said
Tho doctrine OF the constitution ana OF thu casos
hus lar may DC summed up IA these propositons:-
rho nrst being tho orgna Jurisdiction OF this court
cannot be extended by Congress TO an other cases
than those expressly denned by the constitution
The constitution declares that tho judicial powers
shall extend whore States concerned sutors to
controversies between two more States. between u
state ana citizens and another State, and between
citizens of different States and IL gives the Supreme
Courf original jurisdiction all affecting ambas-
sailors, other public ministers aud consals and
those in which state shall be party, OF
course against another State or ciii,izens OF
another state or foreign country. The
KImnel bill proposes a method which Is clearly not
Included in the grants OF original Jurisdiction the
Supreme Court, aud the Court would pay attention
,oa Stnte which should come before II under this
ill But the bill cannot, at any rate, become law.
Il cannot get votes enough even II u had large
put can support, which II would not have either
aouse.
1ie state OF Maryland cannot give Mr. Tilden the
Presidency. say those democrats Congress cannot do
H. Tor Congress exhausted it's powers when II do
rlaIed Mr. Hayes President. There has been and Is
revived. The Electoral law expressly declares that
Nothing in this act shall be held to impair affect
any right under the constitution custom,
BY proceeding in tho judicial courts oi the United
States the right or title OF the person who shall be
clarcd elected" Mr. Tildcn has had, tncy say,
snce the Atm or March, 1877. this right OF ac-
iiou and lie only. Hc has not chosen 10
exercise u so far He could have brought suit in a
United States Circuit Court under the laws and whe
that had decided an appeal would have lain TO no
Supreme Court Hc has not used this right 80 FAR,
they say, and u would be ridiculous IN him at THIS
late day to move Circuit Court in the matter.
There are democrats who do not agree 10 ths-who
profess 10 think, with Dir. Blair. that the country
10 not safe untI Mr. Tildon sits In the White
House--and who will urge that al any rate Con-
gress shall undertake nm Investigation. SO Tar
as can be ascertained those who OF this mind
largely Influenced IRON New York or are Influenced
here by few republicans who nave busted them
selves In the collection and publication OF the Florida
smdavits, ana now mourn over tho activity OF the
HERALD In making what they regard as untmcly
exposure OF the fraud business.
II ~ PROBABLE that nothing Will DO done this week
In Congress ABOUT tue matter IL understood that
Everything waits for some expected disclosures OF
n motion will be made IN the House TO refer all the pa
pers to the Judiciary Committee, or possibly to a
select committee with power send Tor persons and
papers.