, 1876-12-25
A PRESIDENTIAL "QUo WARRANTo."

C1M1lHut IUt luz P!ac6 I4aJ A!a u hAAS " f""
tparranto in tho Supreme Court, md thus
enable TINT tribunal to pass upon the cleo
tion. Thus II Mr.. HAYES shall DO declared
elected and inauguratef, BIZ. T11pEN or his
partisans may file writ inquiring by what
authority Ar. HIVES seeks to exercise tho
duties Of tho office; and, it tho Court nd
mits the suit, 1t may then prococd to ex-
amino into all allegations Of fraud and decide
the caso on its merits. This is the Rugges-
tion made by Alr. ALBERT srrcRNEs, to
which the Nation gives placo without
either indorsing or condemning it as d law-
proceeding.
We shall leave 1t TO the lawyers to deter
mine whatheror not such u proceeding could
ba taken against tho actual President Of the
United States under tho laws and Oonstitu-
ton Of this country. It Ia possible that thero
are arguments both for aud against 1t In such
number and force that tho question could not
DO finally determined short OF tho Supreme
Court itself, which would first have to pass
upon ita own jurisdiction. Mr. ST1o1NE1's
argument is that the quo taarTanto is q COM
mon-law proceeding as well rs recognized by
the statutes OF tho United States aud OF the
individual statoa, and TINT, In tho absence Of
an exnreaa 1ro};bition of its annlication to
the Chief Magistsacy, the right to. that office
may bo contested by the samc procedure that
Ia applied to other offlcea for which there nre
claimants. He meets tile obvious objection
TINT tho Executive and Judiciary arc inde-
pendent and coordinate branches Of Govern-
1pent by saving that the very question In
such A proceodinn ig. Who is tho Executive?
IN ..rs +,,t 4bo pnrro,na co,;rt ~ tho
'.4 ~ ~ o.-.s
o"ssA osase7 pas70" "puA eo.e - VIC a'a''
Legislatures and OF the National Legis~
lature. of State Executives and Natiounl
rvo,nt}ve ~ gtate courta and National
1....L- -, - IN, T.. A.. H.. 49,,
oou.s' uuu ~ o1. -..1 ~ "s ! !aas w. ~
.n''u ~ W. LID ~ aoao.5 20 s1'P4 -Aou. 40
~. A.oa s..1.'n us s ). I,,asai9"a w. ~,
~ .'s- n-... -. sT.s...,,.s.... 49,, ,v,,
o"pse"e eouf.8 VI 'tA"s*aea''So..a aao m49-
consln, involving tue rlght OF taose tf1pu.
uals to examine into the pterogasiye Of tho
E1ecnt;ve. In Massachusetts. the caae cou-
, ~ .1..,,.... =. p..sx,. -.
eeAAo" '.s - S1ee
by the Governor, Wien II was set up tnat
tho appointing power was vested In the Ex-
ocutiYe and could not bo questioned by tho
F.,,.A rt,s.f T,.tfnn papuasu 1,.tj xls{rnr
emily, and said:
Our Government Is founded on principles not
known to the laWs Of any other country. The soY-
trclgnty of tho Commonwealth raEna1ns with tho
people. Tha several departments VI tue Govern
suont-ths Legislative, tho Executive, tho Judicial
.are the agsats Of the people iu their respective
spheres. When tho Legislature enasts low not
authorized BY tho Constitution, 1t 10 tho part and
tho duty Of the Judiciary to declare IT. ro'd When
she Axeeuufe' IN any ~ y. sppo'''.sae., ot..
,top .ns M ,bs ,sws II IL ass the pa,t and tha uty
Of tbs judiciary to pronouncs such act or appoint.
ment null and void. Where one Ia charged With
u4urping IN on'ce N she commonwealth. there
mors W ss.u1v ~ wv s'"'' ~ 'AaA'S "'' '''
IN tho W;sconsn casa II vas ouesttor oa
~ VIM ,vas an}it1ea tn .he off,ca of Erecut;vc,
on5 ,ha 0ourt affirmed IT, Inrisdictio, ~
fo,,ov,.
contc.. .bstveen two citizens Of tho state,
who wcro candidates for tho o1ice a. to who llad
received tbs higher nun,bcr Of sotos: for whossef
u may % wno aas seee1seo ,ae nlsnsss humoes 81
nosc,rar' fu.s % "a ~ the Consultation % declares. ~ -
Now In what foruu. d thia 10 be settled, where
anl by whon Is Il u bo determined a. to who ~.
eolsed tho hlshoss nun'nes Of sotas,-oy sao Legs
sa'a.s. ~ ."g ~ nosa.nm.nt, S@T1 rha nuns. m
dan nrafu rccu,s, what mower Of tho Government
can give apecIno md adequate rcmcdys What
power Of Tho Government i to t'tt!s the eontto.
resay' iih'nk !no eone'a.'on" M ttosn.oao 'nat ~ II
s,sa ~ ~ ~. cor1t ~ III. STAT, Il csuns. =. ,sts
tled at al, and IL rearcss eannot como from that
source. IL can only como in violent manner ey
ssyoluton' a. f..