The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-13
The Returning Board Prosecutions
Politfcal SWeather Rreeder.o

Political "Weather Breeder"
A great deal depends on the mental equi-
poise of President Hayes in the present
furry over the convictian of Anderson. II
the President should let himself loose in the
same wild way that Secretary Sherman has
done it would be very easy to fan the public
mind into foolish and mischievous excite
ment Our information from Washington
leads us to believe that the President Will
not go into Mysteries, and on this occasion,
at least, his unexcitable temper, habitual
slowness and seeming apathy may be of
great value as conducive to the tran
quillity of the Republic 1t is po-
litical mercy that President Hayes
is not such political "fibbertigibbet' rs
Secretary Sherman. When the Presidents
letter to Attorney General Devens comes to
be published we do not believe that it will
be found to contain anything inconsistent
with the statements made by our special
correspondent at Washington printed yes
terday. Impatient as we have sometimes
been with Mr.. Hayes slowness, we must
concede that it is an excellent quality on an
occasion like the present, when impulsive
politicians take the bit between their teeth
and 90 securing over the ground, raising
great dust and covering themselves with
foam without exactly knowing why.
If the President continues to keep level
head it will be perfectly clear to him that
his wisest course is entire abstinence from
lintermeddling with the course of justice in
State courts. 1t is quite as foreign from his
constitutional duties to supervise the adj
ministration of criminal justice in Louisiana
rs in Massachusetts, or New York. 1t may
occasionally happen in all the States that
some man charged with crime is unfairly
tried and unjustly sentenced, as is proved
by the perpetual occurrence of bills Of ex-
ceptions, motions for new trial and execu-
tive pardons. But if the most fragrant case
of the kind that could possibly be imagined
should occur in the State of New York the
President would not think it any con-
Germ of his, and no member of the Cabinet
would make an explosive demonstration
of angry remonstrance. When President
Hayes withdrew the federal troops from
Louisiana the universal understanding was
that Louisianawas thereby restored to per-
feet equality with the other States of the
Union, and was to be exempt from every
kind of interference with her local juris-
diction to which other States are not
equally subject 1t is preposterous to say
that bargain was made reserving to the
federal government power of interference
which the constitution does not permit in
the affairs of other States. If, as has al
ways heretofore been supposed, the South
ern policy of President Hayes restored all
neither he nor members of his Cabinet have
any more legitimate concern with local
trial for forgery or perjury in Louisiana
than in New York, where it would not be
tolerated for moment.
There is silly sensitiveness in some
quarters as to the effect of the Louisiana
trials on President Hayes title. But on what
does his title really rest? Why, by the de-
cision of the Electoral Commission it rests
on the constitutional inability of the fed
eral government to go behind or call in
question the official action Of State. Mr..
Hayes is President because the Electoral
Commission decided that not even Congress
has authority to revise or investigate the
regular certificate of State MS to the action
of its electoral college. The President can
not afford to impugn the principle on which
he was declared elected. Owing his Office
to the principle of non-interference he is
bound to respect it now.