New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-20
TIE PRESIDENTIAL CONTEST

The statements attributed to Senator COnk-
ling, though declared by him gross misrepre-
sentation of his remarks at an interview con-
fidential and hospitable i'll character, are never
theless said to reopen the question of the
Presidential election. Even if the alleged
statements had been made by Senator COnk-
ling in the most public manner, upon his re-
sponsibihty as q Senator, and in his place in
the Senate they would be no more than an
expression of his individual opinion. The al
legged statements bring no new evidence to
unsettle public judgment upon a question
which has been decided in the most deliberate
and solemn manner, and the opinion of one
man, though leading Senator, does not set
aside that settlement. Hence, had the pre-
tended statements been made, precisely as re-
ported, and in the most public manner, there
would be no reason in them for reOpening the
question.
1t is creditabe to some of those who dis
cuss this question of President 1ayes's cleo
ton, that they refuse to consider it as per
sonal issue between candidates, or as par
tisan issue Whether this matter ought to be
again investigated is question Of public
policy, and party interests and personal in
terests ought to be buried out of sight.
There are certain strong reasons for refusing
to raise once more the question whether Mr..
Hayes was duly elected. These are:
I. It is repugnant to the Constitution, as
the Electoral Commission decided, to hold
that Congress or any United States Court has
any power to go behind the official returns of
the duly qualified officers of any State, as to
the appointment of electors. Each State de-
termines for itself the methods of appoint
ing and the guarantees of validity of ap-
pointment, and it is not only opposed to
Democratic teaching, but opposed to good
sense, to hold that in this matter the action
of State can be reviewed, investigated, and
finally passed upon by the Federal Govern
ment
III. This claim, if allowed, would substitute
an absolute Capitalization of power for the
distributed adjustment made by the COnstitu-
ton. A partisan committee Of one branch OF
Congress would have power to declare fraudu-
lent and void the return from any State, or
else the same power would be vested in a
Court, which would thus become of necessity
partisan body.
LII. If electoral returns from States can once
be investigated and set aside, the same thing
can be done and will be done hereafter in
every close election. Contested elections of
President and Vice-President will become
permanent feature of American government.
Outrageous scandals have resulted from the
power of contest as to members of the House,
but these would be UNNECESSARILY increased
and multiplied at every Presidential election if
the returns from State were held subject to
revision by Congress or "a Court. 1t would
become impossible to know who might be de-
clared elected at any time during Presidents
term. Resistance would soon follow dispute,
and the United States would adopt the Next
eau form of government.
". With respect to the particular case in
hand, a contest now would involve gross in
justice because of the long time which has
elapsed since the case was closed. The most
necessary witnesses are dead or beyond reach.
Those whose evidence was rightly or wrongly,