The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-06-23

are 10 select the President OF the United
States. If the legislature Of State Sc or
dain these electors may be chosen by lot, as
well as by ballot In South Carolina they
were chosen by the legislature itself, and not
by a popular election. This is peculiarly a
case in which the States are 50 party" and
| which the people haveno other interestin than
may be permitted to them by the States in
| which they live. This is, then, clearly case
In which estate shall be party" and,
therefore, one in which "the Supreme Court
shall have original jurisdiction"
Beyond this we agree with all Gen. Butler
has said. We agree with him that the tenure
as well as the acts of the President are sub
iects Of judicial inquiry; that 'no man In the
United States. be he high or low, is above the
law" and with him we "deplore the actual
condition of the Presidency, to maintain
which unehalenged, wise and good men are
driven to such desperate resorts of argument
With him we agree that the Electoral Com
mission was extra-constitutional, and that g
judicial revision of it's declaration" was pro-
vided for In the act of Congress creating it.
We agree with him when he says
Instead of constituting finality those
proceedings were on their face and in express
terms merely temporary expedient or device
to avoid the contingency OF lapSed election,
for which the constitution had made no pro-
vision. Congress, by the express words of
the law, declared that It's object and effect
were provisional only. The President entered
upon his office with the express notice that
his tenure was questionable in character, of
doubtful validity, not made absolute by the
interposition Of the xtra-constitutional COM
mission, but to be examined and adiudicated
upon by the courts. How is IL possible to
overlook or misunderstood such state OF
facts, by which 1t appears that subsection to
future trial by the courts Is the express and
explicit condition of cOncedlng the Inaugural
tion of President Hayes.
And we thoroughly agree with him when he
says again:
the exercise of the power, and therefore as an
that the power does not exist
peaceably to settle contrOyerted election of
President through the medium Of the courts,
that such proceeding would be revolutionary
and "Mexieanization" of the government,
that may be. Let us state the
question, and see what is, and what Is not
1t is claimed by majority
ri the committee that If, by force or fraud,
by forgery and perjury, by corruption
and bribery, O man may buy or de-
fraud o Congress into counting forged cleo
toral certificates of fraudulent votes, and
be allowed to usurp thereby the office OF Pres
ldent Of the United States, there i5 then no
remedy against his exercise of the high duties
Of that office. and welding all its great power
FOR four years within the power of our con-
stitution. | will not admit that our fathers |
have made any such constitution or form of
government for the welfare of the people. |
cannot admit that there is no remedy for SO |
great wrong known to o republican form |
u government guarded by constitutional |
checks and balances and legal and ju- |
1icial remedies. Ii SO, then our republican |
Orm OF government is failure, and |
will go out In night and darkness 10 t
he extinction of popular rights, and be sue
'eeded by q government In which the army
ihall put up at auction for the highest bidder
he right to exercise supreme executive power,
IS was done In the Roman empire. Then, In
Iced is no remedy left us but revolution. in
tead OF the peageable one, through the action
II the judicial courts, acting under the consti-
ution In o legitimate manner, to which all.
rom the highest to the lowest, have bowed
md always will bow, and to the DEGREES OF
which all will quietly submit. SO far as I'M
erstand the term Mexicaniza, military
surpati0n Is the Mexican mode of dptermiri-
ng who is rightfuEly President. The one I
refer is the American mode of determining
hat question for laws and sub
mission to judicial tribunals,