The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-06-19
THE GREAT FRAUD OF 1876,
ory BrTLER'S DISSENT FROM TIE ~
DfcIfRY COMMITTEES views.

,ho. Successful Fraud Cannot he Assaiied.
WASHINGTON. Juno 1s-Gcn. Butler, ne nm
,,diyidnnl member u the judiciary Committee,
- dov admitted to tho House of Ropresenta-
s,cs his reasons for dissenting from the rcso-
,,ion and report Of the majority in regard TO
a., inyolability II the Presidents title. lie
ave. Tho resolution Il the majority Is simply
,ocypre-siou of opinion that. the two Ious =
n the F0rty-fourth Congress having counted
lo vote cast for President and President
md declared the result Of the election. there Is
Duow,r in II subsequent Congress to reverse
aat declaration. Certain am that an opinion
m this question was not asked by the State 81
ury'and, either ly the resolution 81 the State
~ bv the bill Both sought only remedy
CROUCH tho courta. I could agree TO that
oinion-and yet the question submitted to the
tmmii'co would not be answercd-that the
l.claration.' If made. can never be reversed.
Hhrrby Congress or the courts.
IIe agrees with the committee that Congress
ba- no power under the Constitution to confer
anon 'hc supreme Court Of the United States
n, original iurisdiDiion sought for II in the
rloir. Kfrmcl lill but" he says. tho qucs-
eo,otI.-uci is whether the actual President u
r,rut.l States has just and legal title to the
crrhci holds. A contcstation upon that ques-
ran L t wcr' possible to he had before the
,.,itt- would make a case which may well
enough be defined to be a controversy between
,ont,t. linz parties under the forms OF law be-
nr, a court II proper law was passed 10y
which this aDufrnfion could ha brought heiore
N, Surram, Court in behalf of the people of tho
Tnlsl ~flt,- through the Attorney General. or
fy.ry other known means. then no one would
hulttLatu cu-o would br made arising un.
der Che Cons tiutIon and laws ~ the United
States dn' -u'h a cus,. Wouid nt Wthlh ~, Ju-
dr.a. power NJ the United Stat"- which il
,yo.tai 800 one supreme Court and in such iuie-
r1r UDlli- u- tic congress may from tne 10
,me .rdaiu and cstab. .h' Now. unless II is
satl tIai t.u- contention docs not involve a COM
.l0n u. the Constitution and law Of the
Tinted States. j Is clrlrly within the Jurisdic-
tDn ~ t1r Suprrmf Court, which is specifically
vested w,l this judicial power 10y the Constitu-
dien. power and jurisdiction by the (onstitu-
uontotle supreme Court the majority ~ the
comm ..s iiul j, convenient u ignore and omit
nom cir report. and content themselves by
saving ,Y.t they are of the opinion that the eN-
Iras-ilu- .-" - AND controversies We're hot IN
irlal boz int frnmr "a Of ~" Constitution To- cnl-
brace au original proceeding 10y u State in the
SlprnIic Pour. % the United States 70 Gust any
ln0uuliri 10. u % Toli'ical office.
Con Butler fully concurs in that opinion. but
hc be- unable io sce how il could be- supposed
that jurisdiction WAS claimed 10 arise under
apecul grant OF jurisdiction Of case or con-
r,rrsy hrtMern state and citizens Of AN
o'h.r State. The question at bar is no such
question. IL is d question between the United
Sit,e AMI luc people thereof and the person
filing 40 0ni 10 which It Is claimed he has in
Avani niultr un title.
Arer further argument Gen. Butler says:
"bN Urt .n-fIt alton docs not impari TO either
a ihr three ranches % the Government any
su'h iniri nlrnce Of the others as the argu-
men. 90 t.t committee assumes. Congress
farn. ir} Dusc bnt the proper powers of the
judo airy Hr' for tho most part ineNerutahle
IS INl, suitable provisions Il law on the part
no tOuEr So. 80 Congress cannot appoint
Secretary a. state or ot the Treasury. lut such
OIL f- east only ly virtue 81 acts OF Congress.
anl OBJ, statute hook IS fun OF provisions ut law
ft Bf
dent, ia passing which Congress has complete
row hy % tWo-ihlris vote. in despite Of the
Pes dent A. io the relation Qf tho judiciary to
the n -rnnt It is notorious that the legality OF
the o1i ia nets OF tho President and Of those ~
tAa h'lt- oi departments which ar. il law his
afs. rOhlnualY comes under tine sup.r-
Wson oi the judiciary not the SUI
Em' court only but Inferior courts,
1r0alunH, acts Of the Pre- 4iden' or 81 hi. SEQ
!saf"- oonirary to the Constitution or = tie
grnripl.s 20 conimon justice. Ana as 10 the
novel doctrine that he l. above the law Of the
land, God forbid that President 81 the
United States should ever commit common
-n", nut II ne We're t. d9 So, Is ho not am"nh-
te'o law therefor; II bee u-urps Ia-s's-'nn
cue prop.riy OF Rn3iher may he n.l 10, SUI
% he courts And yet, according 10 ne
i4e.ry OF the committee. he may commit tie
creates poss Bile act OF Illegally. usuroaton 81
bis Office neutrality-suspicious. toth" judiciary
orany ether power. | do most earnestly pro-
D., i.,alu-t all such eNaggcrauons ui Oh, on 'e
d President No man in the United States
btlru ri or low, is above the law ; and de-
t.r. tir actual condition Of the Presidency. =
MAINTAIN which. unchallenged. wise and good
m,uare driven to such desperate resorts OF
.@The committee further rest he
aulay Of tho declaration upon tue
J. .t'ra' Commission. IS 70 this commission,
lAayr made long patient. and painful search
a} goa-taton9 f s a9b,a9Eri or l hfeSc cn,
uguf ihr electoral votes. DO not regret to -ay
na' DaN- not been able 10 IND su'h authority;
The fH' what u has been exercised would stand
or something IN IL favor. were 1t net thW az
wiz tal lo 10 with It's creation say they acted
ul.er duress IN what they did toward making
u, inai they acted under Tear oil violence OF
revolution. az civil war-tears and apprchen-
s.a. wai'p are not conducive b. clear percep-
tons Il constitutional duty, or which give any
weight o. thr prOprlcty Of Legislative action en-
gnfrrrd thereby. II is remarkable" however
won INNS question of the power Of me conri-
mat the sixth section 81 the act creating The
| Electoral Commission provided ~ follows:
"Thatuor inr 90 TINS act shall be held to impair any
MT, now eAi,tin- under the Constitution anu law I.
smd sa 49, or 'iils of , ,as Lon ~hS ,,H,
We. : 'dc.t y. t-e United states any sueh rsh
,"Ilolot cite this provision as authority hay
Inc any considerable weight upon this ques.
ton Us 10 the power Of Congress 70 enable the
courts O. alIudicate the title of the President
| because ]; seems 20 me, and, a. have been IN
| formed - those who were instrumental IN
pass TX I, that this provision was added 10 IN,
| at lo make 10 acceptable TO It's opponents tina
| IS 10 Nulu OUT a lOle ana expectation 10 NllolH
t0ey-r H. ght b. injured by the action OF tbs
| Coum.-s "a or the Two Houses that they cOul.
have their wrongs Tedressed by the courts
tor " depreciation. rs II were, against tho eXer
cls' on force and violence 10 prevent the opera
lion Of this Electoral Commits sion act by any
party who should have fell himself aggrieYe,
| merely. BESIDES, the decision Of the Electora
| t0mmss on, 80 constituted by fears and ials'
hopes, WAS not made by such vast. prepon
urralng and overwhelming unanilnlty az
Nou.d too much commend Itself 10 the consld
GRAFTON OF Just men"
II then notices the argument advanced b.
] We committee that all departments ui thn Gov
eminent and also the people OF the United
htii'H hay" a'qulrsced in the count ana in Tn
Induction Of PRESIDENT Hayes into Office ILL
cans aye ntou ~ the resolution adopted by u.
majority m the House on the 4th OF March, 1917
dscarihg that Iildrn aud Hendricks had beci
eeclel ana IA regard 20 the acquiescence o
he prot.", he says; II WAS induced by IN
tahe iears Il revolution and violence whicl
V"flore me Judgment OF Congress IN creating
MI ulronstutonal body. especially rs hope
w.. He.l out o. them by the sixth section o
We Dan mat the whole matter, u wrong wer
uoA, would be tried in aIpeaceful and prOpe
Mshh't before some competent court IN u
uArlM discrimination Of which cvcrybod
"IMu quietly and peacefully acquiesee."
N con. iults as follows; l cannot but thln
y NWurkulo thft in the fnce Of the sixth sec
Won ni N" act establishing the Electoral Com
m9s.'h ID" committee should have come 70 IN
,,oncmsion that tie prooe, dings OF this commit
',"l "l 'uhsr - subsequent thereto const
wv "h l.uuDFdhle iuHllty, when the law ltso
Tran fF4 HNH 4 al