The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-09
President Hayes, Tltle.

We do not think anybody should be dis
quoted by the rumors Of an intention to
set on foot an investigation to test the title
of Mr. Hayes. 1t is thing which no man
Of clear political sagacity will undertake, or
countenance, or have any completely with.
Nothing could be more wild and chimerical
than such project. Mr.. Hayes being in
Office there is no way to depose him ex-
cept by conviction on an impeachment,
which would require q two-thirds vote
Of the Senate. The talk about an
appeal to the courts is rubbish.
We know the composition of the
Supreme Court, which is the ultimate
tribunal, and it is morally certain that the
Supreme Court will not reverse the decision
of the Electoral Commission. The principle
of that decision was that Congress has no
constitutional authority to go behind the
electoral colleges and inquire into the
validity Of their election. If this is sound
law no court can reverse what was done last
February. Even if Congress should pass
law comforting jurisdiction the Supreme
Court would set aside such an act for repug-
nance to the institution. Three of the five
justices who were members of the Electoral
Commission voted with the majority and are
committed to the principle of the decision.
Another, Justice Harlan, is an appointoe
of President Hayes, and it is safe
to conjecture how he would vote
These make four Of the nine, and
only one more is needed to make them
majority. Chief Justice Waite, Justice
Swayne and Justice Hunt are all republic
cans, and some or all of them would take
the same view of the law which is held by
the four who are committed. Nointelligent
man can doubt that the Supreme Court
would sustain the decision of the Electoral
Commission that there is no constitutional
power to go behind the action of the cleo
toral colleges. Nobody sees this more
clearly than Senator Conkling, and we
wholly discredit the rumor which connects
his name with this absurd project. The
idea that the House of Representatives can
select President to take the place of Mr..
Hayes is even more utterly preposterous
than the notion that the Supreme Court
would decide against his title.
If there is any serious purpose to agitate
this subject it proceeds from the republi-
can enemies of the President with view to
bully him and intimidate him into submis-
sion. But no really shrewd politician
would attempt to Brighten him with such
scarecrow, or would wish to give him the
great advantage he would derive from the
assaults of set Of mad reyolutionists. If
the attempt to depose him were seriously
made with even remote chance
of success all friends of peace and
order would rally around him and
save the business Of the country
from disturbance and ruin. His friends
and advisers must know that this would be
the consequence, and some of them may
wish for this reason that the opposition to
him may assume some such form of politi-
cal lunacy. The cooler part of his oppo-
nents will not permit the preparation of so
self-annihilating political blunder If
they countenance an investigation of Mr..
Chandeliers charges it will be for the mere
purpose CT annoyance, and not with any
view to put the President out of Office.