The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-25

do not surprise him because he has known
for several weeks that they were in prepare
ton. We must therefore conclude that Mr..
Blair was a confdant and accomplish of the
person or persons who sent to Florida and
supplied with money the secret emissary
described in the long Jacksonville despatch
which We printed yesterday. The Mary
land memorial and the Florida confess
sions seem to have been intended as
parts of one plan, the design having
been to hold the confessions in reserve
to the Judiciary Committee, and then to
bring them forward amid q loud beating of
gongs and present them to the committee
as evidence for forcing action and saving
the project from being quietly smothered.
This contemplated plan of operations was
upset and foiled by the promptitude OF the
HERALD in forestalling Mr.. Blair's little
game. The HERALD came in and decided
the battle before Mr. Blair could bring up
the Florida reserve, which he and the
parties in interest behind him had
spent many months and much money
in preparing and had lying in an
bush ready to be signalled forward at
the critical stage of the contest BY inter-
viewing nearly all the Senators and Rep
resentatives and putting them on record the
HERALD crushed the main project, and at
the same time it exposed the Florida am
buscade and rendered it futile.
The idea of Mr.. Blair and his hacker or
hoo1 hat hot of foe
strengthen their chances was pure Stiffness.
There was no need Of fresh evidence to con-
vince democrats in or out of Con-
gress that Florida and Louisiana were
given to Hayes by frauds. All
democrats believed this when the
Electoral Commission was organized, and
continued to believe it with undiminished
conviction after Mr. Hayes was declared
elected. In spite Of that fixed belief the
democratic party judged it wise to abide by
the decision. AS the Florida confessions can
have no possible effect on their previous
opinions there is no logical reason why they
should change their attitude. Allowing to
the confessions all the value which Mr..
Blair or Mr.. Tilden can claim for them, whose
opinion can they alter? And why should
democrats change their action when there is
no change in their belief? The fact that
McLin had confessed had leaked out in
Washington and was told from mouth to
mouth in confidence before the HERALD be-
gan its interviews but the knowledge Of
members on that point made no difference
in their sentiments, because McLin and tho
others could add nothing substantial to
what was already known. The democratic
party having decided to accept Mr.. Hayes,
Notwithstanding their full belief in tho
Florida and Louisiana frauds, McLin's con-
fession could have no effect one way or the
other The interviews which we published
yesterday furnish overwhelming evidence
that Congress will do nothing and attempt
nothing to disturb Mr. Hayes in the possess
sion of his Office.
Such bill rs that which has been re-
ferred to the Judiciary Committee would be
OF no avail, even if it could pass both
houses and receive the signature Of the
President, because it is in plain conflict
with the constitution. The only action the
Supreme Court would ever take in pursu-
ance of it would be to declare it unconstitu-
tional and void. We may safely infer this
from the composition of the court. Seven
of the nine judges are republicans, and five
are majority. The position Of three is well
known on this subject from their argu-
ments and votes as members of the
Electoral Commission. Justices Miller,
-, 10
cision of the majority that Congress has no
authority to 60 behind the action of the
Electoral Colleges Justice Harlan, who
was appointed by President Hayes, may be
securely counted on to hold the same
opinion. TO these four only one needs to
be added to make majority OF the Court,
and it is ridiculous to suppose that at least
one would not be found among the three other
republican justices who did not serve on
the Electoral Commission. II is more than
probable, it is almost certain, that oil
three would concur in the opinion of
the four respecting whose position there is
no doubt Aside from their party bids The
whole weight of argument is in favor of the
principle that the federal government has
no jurisdiction over the choice Of Presi-
Dental electors.
1t has been asserted that although the two
houses Of Congress have no authority, when
counting the electoral votes, to judge Of the
election Of members of the Electoral Col
legcs, yet Congress as the law making power
possesses such authority. This is friyo-
lous and futile distinction. After cnumcr-
ating the powers of Congress the constitu-
ton goes on to declare that it has authority
''to make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers, and all other powers
vested by this constitution in the govern
ment OF tho United States, or any depart
ment or officer thereof" Now, the power
to Judge Of the election Of Presidential elec-