The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-12

The Judiciary Committee of the House of
Representatives. to whom the Maryland
memorial and the Kimmell bill were re-
ferred, decided yesterday, by o vote Of eight
to one, to make o report adverse to the me-
mortal and the bill. Both memorial and
bill would have slumbered in the committee
without any action had it not been for the
cry raised in the republican press that the
purpose of the Potter investigation is to put
Mr.. Hayes out Of Office. The report which
has been decided on is for the purpose Of
disavowing any such revolutionary inten-
ton. It is wise and polite deci-
sion on the part of the democratic
majority Of the Judiciary Committee. This
authoritative disclaimer will enable the
democratic party to reap the full advantage
of the revelations, whatever they may prove
to be, respecting the Louisiana and Florida
frauds. The country is entitled to know
the bottom facts; and, so far as they disclose
republican rascality, they are legitimate
party capital for the democrats. But if
the object were to put Mr.. Hayes ont of
Office the whole country would rally to his
support, and the damaging facts disclosed
would be sighted and despised by citi-
zens who regard the public tran
guilty as the paramount interest. But
when fears of revolution are set at
rest the country will weigh with candor the
proofs of fraud, perjury and forgery in the
Presidential election. II is for the obvious
interest of the republican party to have it
supposed that the purpose of the investign-
ton is to put Mr.. Tilden in the White
House. 1t is equally for the interest of the
democratic party to refute and explode SO
injurious q charge. If the report OF the
Judiciary Committee is accepted by tho
House the republicans will not have a rng
or shred to cover them from the result of the
Potter resolution should it be damaging.
Whatever the result Of tho investigation
may be, it is wise and prudent for the demo-
cratic party to extinguish the cry Of revolu-
ton raised by their opponents, which will
DO done effectually ii the House adopts the
report of the Judiciary Committee.
The position Of the Judiciary Committee
is understood to be that the Forty-fourth
Congress had exclusive jurisdiction in the
counting of the electoral votes that the de-
cision OF that Congress was conclusive and
final; that no subsequent Congress has au-
thority to review its action or reverse its
judgment that its determination is as
binding and irreversible as that of every
other tribunal Of last resort from which the
constitution aud laws provide no method of
appeal or mode Of redress This is
sound law. If the Judiciary Committee
sanction and promulgate it and the
House confirms it, it is 80 accordant with
public policy rs well as with law that
the country will accept it as correct expo
sition Of true principles. 1t is already GER
tain that the Judiciary Committee will SO
report, and altogether probable that tho
House will adopt its conclusions. If this
expectation is realized the democratic party
is warranted in making the most, for cleo
pioneering purposes. Of whatever damaging
facts may be divulged by the Potter inves-
tigation. President Hayes cannot DO put
out Of Office without revolution but in
side of such revolution tho proofs OF fraud
are legitimate electionecring capital for the
democratic party.