Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-05-20
From the New York Tribune.
Democracy and Revolution.


~ violence after the war, in order to gain
control in the Southern States. Its dec
-laratioBs and behavior in the campaign
of 1868 were essentially revolutionary
Its conduct 10 the last campaign was
nothing less than armed revolution against
free institutions and honesty of elections.
But the charge now made by the formal
vote of republican caucus does not rest
upon presumption. 1t is made by men
who have daily opportunity to Judge OF
the purposes of democratic members of
Congress It is abundantly sustained.
moreover, by theterms OF the democrat
ic resolution. by the carefully chosen Ian
guage of Speaker Randall in his decis-
ion thai a question of high privilege was
involved. by the declarations and behav-
Tor of leaders of that party in the deba'e,
and especially by con, liberation of the
methods by which it is possible for dem
ocratic Congress to act iavorably upon
the Maryland memorial Ii will be seen
that it is utterly impossible to disturb the
Presidents title, as that memorial de
mands. except by acts In the last degree.
revolutionary, and subversive of order and
lawful government.
1t is possible, of course, to remove a
President by impeachment The shame
less partisanshp now shown by demo-
Gratis renders il by no means improba-
BILE that with or without evidence. i'm
parchment might be attempted if that
party could hope to gain anything there
by. The Senate is now republican, but
after March there may be Senate con-
trolled by democratic partisans. But one
fact disposes of that scheme. Impeach-
ment of the President would only trans
fer the Executive power to Vice President
Wheeler, who cannet be accused of anv
offense, and whose little finger would be
found thicker than the loins of President
Hayes, in respect to party interests.
Therefore it is certain that the democratic
party will not attempt impeachment.
There may be loud talk among blathers-
kites; there will never be action in that
direction until the democratic Represen-
tatives have all gone demented.
The only constitutional aud law-abidng
method of questioning the title of the
President is by proceedings before the
courts. Possibilities in this direction are
known TO have been carefully canvassed
Uulil it was discovered that even if all
technical difficulties could be overcome,
and the question could be brought before
the courts on its merits, the decision
would be fatal to democratic hopes.
II not at once, ultimately the question
must then 60 TO the Supreme Court. and it
is certain that majority of that body
would hold that the action Of the electors,
appointed in the different States in accord
ance with forms of law, was final. The
democrats will not try to take the case in
to the courts. They know that the decis
ion there would be against them.
There remains but one possible method
by which the title of President can be dis
puted. Congress has the physical power
TO declare that the election of 1876 was
void for fraud In returns, and to refuse to
recognize as duly elected either the Presi-
dent or Vice President. But this would
be an utterly revolutionary proceeding,
and 1t would be the right and duty of The
President to treat it AS revolution. The
constitution gives to Congress no power
whatever, in respect to the validity of a
Presidential election or the title OF Pres
ident. after the votes have once been
counted and declared. la has indeed been
denied that, even in the counting of the
votes. Congress has any power to 60 be-
hind the returns, and this view is sustained
by formal decision. but it is not now
pertinent. The votes have been counted
as the constitution requires the only Con-
gress which could by any possibility be
claimed to have any power in the prem
ises has done Its work and ceased to exist
and any such action by this Congress or
the next would have no more legal weight
o. force than resolution passed by mob
collected in the street in front of Tamma.
ny Hall.
The usurpation of power which does
not belong to Congress would be naked
revolution. Any attempt to carry into ef
feet the declaration of Congress, and to
dispossess President duly inagurated.
would be an overt act of rebellion. Such
an attempt it would be necessary to sup
press, just as the last democratic rebellion
was suppressed, by the strong arm
Avoiding any overt act of rebellion. Con-
gress might indeed make great deal of
trouble it might delay public business and
plunge the country into disorder. But the
President would not be obliged to paw any
attention to Its crazy behavior as long as
1t should stop short of melting and prepar.
ing overt rebellion. At that point his duty
would become clear. and his authority
would be ample. Meanwhile. at each and
eyery step In this rev olptionvry soL :.