Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-06-19
The Presidential Fraud.

rcCoVeu lctlcr lTOHl opllu ~. '1''', WV WI WV
editors Of the New Orleans Times, IN which
he states that he saw the Sherman letter at
the time it was in tho hands Of Weber, the
dec ,ascd
The resolution passed by the House request
ing the Senate to permit Senator Matthews
to testify before the Potter Committee has
been referred to the Senate Committee On
and Elections.
Mr.. Butler has presented to the HGus: his
views on the Maryland resolution and the Kim
nell bill. He finds himself unable to concur
with the majority either in their conclusions or
the reasoning by which the conclusions are
reached. lie tormuates the matter 10 this
wise:
IA controversy has arisen as to whether the
incumbent of the Presidency has q valid title
to the Office.
That involves the consideration Of questions
of law arising under the Constitution and laws
Of tho United States.
THE Supreme Court has original jurisdc
ton of all cases arising under the Constitution
and laws of the United States.
Therefore the Supreme Court has jurlsdc
tion OF this controversy if tho requisite enact
mcnt can be made to give legal form to this
controversy, SO as to make it a case before
the court 1t is in the power Of Congress
whenever the Supreme Court has original
jurisdiction Of any question under the CODstllu
ton and laws, to enact forms OF Wrlts and OF
proceedings by which such question can be
brought before the court
Whether any officer of the Government be-
HAYES we'll in his office is question 10 be de-
termined by those having the power Of removal;
but 10 all cases the question OF the right to
be in the Office has always been examinabIc by
the courts
the President should even commit com
mon orimc is he not amenablc 10 the law
therefore2 And yet, according to the theory
of the committee, he may commit the greatest
possible act of Neutrality-suspicious. of his of.
fce-without amenableness to the judiciary or
any other power.
As to the Electoral Commission, he todS 20
constitutional authority for it. The fact that
the power has been exercised would stand for
something 10 its favor were it not that all who
had to do With its creation say they acted under
durcss in what they did toward makiug it,
that they acted under fear ofvloleuce, of rcvo
luton, of civil war; fears aud apprehcnsioDs
which are not conducive 10 clear perceptions OF
constitutional duty, or which give any weight
TO the propriety of Legislative action eUgeDdered
thereby. Besides the decision of the Electoral
Commission, so constituted, by fears and
false hopes. was not made by such vast, pre-.
pondcratipg, and overwhelming unanlmity as
would too much commendltseIf to the consIdc
ration OF just men.
The same fears Of violence and revolution
which ovclborc the judgment OF Congress 10
creating 90 unconstitutional body undoubtedly
made The people glad to acquiescc 10 any soiu'
ton of difficulty which prevented the occur
renee tf revolution and violence, especially as
they had hopes held out to them by the sixth
section Of the electoral bill that the whole
matter, if wrong we're done, would be tried 10
a peaceful and proper manner before some
competent court, 10 the judicial determination
of which everybody would quietly and peace
fully acQuesce.
General Butler dwells upon the sixth section
cf the electoral bill, and maintains that, instead
Of constituting fuality, those proceedings were
on their face and 10 express terms merely
temporary txpediency or device to avoid the
contingency of lapsed election, for which the
Constitution had madeno provision Congress by
the express words of the law, declared that its
object and effect were provisional only. The
President entered upon his offico with the ex
press notice that his tenure was questionable
10 character, ofdoubtiul validity, not made alb
soutc by the interpositou of the extra const.
tutional commission, but to be examined aud
adjudcsted upon by the court.
file concludes as follows II do not discuss
the question whether any other remedy exists
by the action of the Two Houses Of Congress
90 the sui isct Of the recognition Ct Presidential
acts of an officer who has inruded himself
Wrongfully into the Government, because that
question was not before the committee, and 1t
is not before this House. | am glad, too, it
passes from my hands, to be dealt with when.
ever it arises, by ADLER aud stronger men, who
may occupy the seats which We occupy, to deal
with the question, if ever it may unhappily
arise"
Mr.. Montgomery Blair 10 letter to the cdi.
tor Of the Washington Post SAYS
The ground upon which the House Of Rep.
resentatives resolved on Friday last that Meth.
er Congress nor the courts had power to unseat
HAYES, was that tho two Houses of the Forty
fourth Congress had counted the votes cast for
the President and Vice President, and had de.
clared that Hayes and Wheeler had been elect.
ed. Now, everybody knows that the very re
verse Of this statement is true, and that tho
House not only refused to accord the votes Of
Louisiana and Florida to Hayes and Wheeler,
which was necessary to their election, but count.
ed them for Tden and Hendricks, and solemn
" declared that Tiden and Hendricks were
elected. 1t is true that tho House had agreed
to the electoral bill, which provided that unless
both House disscnted the votes should be
counted as the electoral commission decided,
and that Hayes and Wheeler were counted in
by the commission. notwithstanding the dissent
Of the House of Representatives, and its solemn
declaration that their opponents had been
elected But the resolution is not based on the
proceedings under the electoral bill at all; for
it not only imports that an actual count had
been made by tho two Houses in tho usual
manner, without the intervention Of any com
mission, but asserts the result of the count to
be final, contrary to the terms of that bill.
which expressly declares that nothing therein
contained shall prevent the title of the per
son elected under it from being questioned in
the judicial courts of the United States Thus,
whilst the frauds, alleged by heState of Mary land
to have been prepetrated, ~ which her electoral
vote was nullifed, are not controverted by the
report Of the committee, or by the resolution