The New York herald., 1878-02-26
Rumors that a Writ Of Custer
Had Been Prepared.
WHAT DOES 1T MEAN 2
Ex-Governor Hendricks Knows
Nothing About It.
DEMOCRATS DENoUNCE IT..
Of Politicians in
New York.

Statements Of Politicians in
New York.
[BY TELEGRAPH TO THE HERALp.1
ISpIANAPoLIs. Feb. 25, 1878.
There is said to be q very secret movement foot
to contest the title OF Mr.. Hayes the Presidency.
This movement s said to be encouraged by very innu.
entail parties in Washington and Now York, as well
by certain people in tho West The idea Is to pro.
pare a writ Of custer
This scheme msots with faver than Its
will be too i'll to himself OF the chances Of pos
session that might result under such writ and that
therefore. Mr. Hendricks would obtain the prize
should add that Is also asserted that this
In behalf OF Hendricks part OF the general scheme
for imitation.
WHAT EX-GOVERNOR HENDRICKS SAYS.
Governor Hendricks Is at Lebanon, Ind, on law
business and the following despatch was sent 10 him
BY tho HERALD correspondent
.'The new YORK HERALD has In Information that you
party TO q writ OF ouster to deprive Hayes OF the
Presidency, and It Is said promins ana influential
parties In Washington and New York participate IN
the scheme. VIII you be kind enough TO forward me
any and all Information you may havc concerning IT,
and what your opinion is OF tho PROBABILITY OF any
such movement being ON loot"
His reply short and 10 the point being simply
LEBANON, Ind, Feb. 25, 1873
To HERALD CORRESPONDENT, Indianapolis:-
have knowledge, whatever, OF any writ OF
custer other proceeding raise the question
right OF Nj. Hayes the Office OF President OF tho
United States. THOMAS A. HENDRICKS
II will be seen. however, that he fails to state
whether he would be party to any such scheme. but
it is not thought by his friends that he would his
uterances have all been In favor Of recognizing the
title would not be disputed for the four years OF his
term OF ONCE.
Colonel B. c. Shaw, chairman OF the Democratic
State Central Committee said that no did not believe
that any prominent democrats would be fools enough
to attempt to carry out such . scheme Hs was Ger.
tain Mr.. Hendricks had NO connection with IT, a. hs
had placed himself recognising tho Prssi.
Dental question as finally settled.
VIEWS OF LEADING DEMOCRATS AND REpuB-
LlcANs IN THIS oITr ON THE HuMoREp MOVE
MENT-A GENERAL OPINION OF BOTH SIDES
OPPOSED TO ANY SUCH scHENE. '
On tho receipt of the dispatches from Indianapolis
published above HERALD reporters instructed to
obtain tho views OF leading democrats and repub.
licaps concerning tho rumored scheme. The follow.
ing the vicws of tho gentlemen who were met
viii hv IN ran
JUSTICE DAVIS.
Judge Noah Davis OF the Supre mo Court said there
10 such process a writ of custer; but there IS
judgment OF CUSTER obtainabe In the against
any party VINO has been proved to DO illegal In.
trudor in an ONCE. This judgment only follow
trial which has been commenced by quo warranto
proceedings The judgment OF custer 80 rendered
applies 10 persons In office. and does affect
such persons only after trial There exists no power
under the constitution OF tho United States which
enables the Presidents title to ofoe be submitted
10 tho judgment Of jury. Tho decision by the two
houses OF Congress in joint convention assembled
when they counted ana declared Tho electoral vote s
in accordance with system OF government, abso.
luteiy nna and conclusive, not only upon all courts
but upon all parties. The idea Is simply monstrous
that title OF the Chief Executive OF tho nation to
oilce should bo submitted for decision to . pott
jury. Besides state court could have jursd ction
in tho matter not United States District Court
but the would have bc brought once before
tho United States Circuit Court and Supreme Court
1t would involve q great deal OF time, and a year
At least would slapse before conclusion could DO
reached. elm my OPINION" said he, mo such
proceedings can be had against the President Of
the United States under system of government.
1t would bo virtually revolution. can we'll under
stand that n sagacious lawyer like Mr.. Tidcn would
not nd nj 10 Hen
dricks, ir he leads such a movement would actu
ally commit political suicide. Suppose even these
Western men should succeed, thcy would only mako
Mr. Wheeler President, aud before they could get
through with case against him this country would
Just ABOUT be ready TO enter upon President tal
campaign mass Of witnesses would have
to no examined, innuDerabe arguments pro
aud con would have to be- heard, and
during the entire continuance oil tho case
matters would virtually bo upset every where.
say again tho idea Is simply monslrouS II thero
any such thing foot IN the West believe that
done rgblen the President into slgnng the Silver
bill. These Western people crazy that subject
and IL than likely that they will so TO great
lengths carry their point The safety OF tho repub-
lie. however, is also principle in law, which on such
an issue will have 10 be considered.
JUDGE BaADY's OPINION.
Judge John H. Brady, Of the Supreme Court. re-
Rarded the movement, II true, as very grava Tho
very indication OF quo warranto proceedings against
the President Of the United States, which involves
tho question by when warrant he holds the hi gh
Office OF Chief Executive Of the nation. at once
brought to the foreground matters Of deep, serious
and grave consideration. IL might bo thai
those instituting tho proceedings upon which
judgment OF custer is sought TO be obtained
were IN possession OF facts not known general
pubic, or had secretly gathered information which
even the Two houses Of Congress ana the Electora
Commission created by II had nevor heard Of before
tue proceedings instituted might have very ssriou
consequences SO grave, indeed, as TO test tho very
capacity Of the American people Tor self cover me