The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-19
GENERAL WASHINGTON DESPATCH ls.

JUDICIARY COMMITTEE
General Butler. individual member or the
Judiciary Committee, to-day submitted 10 the House
OF Representatives, hts reasons for dissenting from
the resolution and report the msJorty in regard to
the inviolabiy OF tho Presidents titlc. Hc says
Tho resolution Of tho majority is simply an sx-
preston Of opinion that tho Two houses OF the Forty
Tor president. and Vice President and de-
clnred tho result OF tho election, there
reverse that declaration. Certain am that an opn-
ion on this question was mos asked By the stale OF
Tho bin Both sought only a remedy through ,hs
courts. could agree % that opinion. and YET the
suswerea-tnat tno decIarston. Il made, can never
i be reversed, either by Congress or courts
He agrees With the Committee that Congress no
power the constitution TO confer upon
premo Court OF tho United States the original jurs.
dicton sought for II in tho Blair KimmeI bill hut no
says:-
Tho question at issue whehor the actual President
Of The United States has just and legal tiio Tho
Office he holds. cont estalion upon that question: "
mako cease" which may well enough be defined
TO 5e controversy between coniendng parties under
passed BY winch this contention could DO brought be-
lore tho Supreme Cour. In behalf Of tho people Of tho
any other known msans tnou DO one would doubt
that "casc would DO made sarisnx under the con-
would DO within tho judicial power OF the United
States, when us vested Ia one Supreme Court and 10
10 time ordain and estabiish."
Now, unless rs said that this contention does not
involve construction Of the constitution and Of
The United staies Il 70 Clearly within tho jurisdiction
OF the Supreme Court which specifically vested with
this judicial power oy the constitution This supreme
ana universal grant OF Judicial power anu Jurisdiction
by the constitution 10 tho Supreme Court, she
jory OF tho COMMITTEES md II convenient 10 ignore
and omit from their report und content themselves
by saying that they arc Of the optnion that the ex
pressions eases" aud 'oonroversies wero not In
tended by tho trnmcrs Of she constitution TO
IN original proceeding By state in Inc Supreme
Court Of tho United States 10 GUST any incumbent
IRON political of1ce @ III
General Butler fully that opinion, but he
is unable how II could DO supposed that Jurs-
diction claimed TO under special grant OF
jurisdiction OF scase controversy" between State
and czons OF another State. Tho question the bar
is such qsosticn--tt Is u question between the
United States and tho people thereof and the person
filing Office 10 which, IL Is claimed, he has law
and equity no title.
After further argument General Butler says;-
But the constitution does not impart to other OF
the three branches OF the government any such ndc-
pcnaencs OF the Others as the argument OF tho
mlttee assumes Congress cannot try case, but tho
proper powers Of the judiciary for part
,ncxecutabc Without suitable provisions OF law the
tsry Of state or Of the Treasury, but such officers
exist only IN virtue Of acts OF Congress, ana the
mating Inc iuncoDs Of The Presacn In bass,Or
which Congress has complete power by two-thirds
vote ~ despite OF the President As 10 tho relation
OF the Judiciary 70 tho Preaden Is notorious that
the legality OF the Official oil the President and OF
those of tho heads OF departments which are law
his acts continuaIly comes under the supervision OF
the Judiciary, not tho supreme Court only bu4 ipte
courts, which not seldom have had occustonsgo
pronounce acts OF tho President OF hts secretaries
irary The constitution the principles OF
common Justice. And as 10 the person Of the Presl-
above the law OF tho land God forbid that Presi-
dent Of tho United States should over commit CON-
mon crime, but II he were TO do SO, IL he
to law thercior? II he usurps possession tho prop
erty Of another, may he not DO sued IN Tho
Of the COMMITTEES, ho may commit tho creates.
possible aos ~ NEUTRALITY-SUSPICIOUS. Of his actwrh-
.ut 20 it- Judiciary any other power,
most earnestly protes, against all such cxaggera.
tons OF the onicc OF tho President No man in tho
aud dspore the actual Condition Of Inc Presidency.
70 mAibtutc which unchaenged, lwiee good men
are driven 20 such desperate resorts OF argument.
"dcclarat,on, upon the action Of the body known
nm Electoral! Commission. AS 70 this commission l
have made long, patient and raniul search for any
constitutional authority or precedent for tho
terence Of such body In the counting Of tho cleo
iorai votes do not regret TO ray that hAVo 4ot
been ablc 10 lind suc. authority The tue. thatfv Has
been exercised would stand for something In lis iavor
were 1t not that all who had to 90 with ITS creation
say they acted under duress Ia what they
did toward making IL; that they acted under
and appreheusions which not conducive to clear
perceptions of constitutional duty which give
gendercd thereby 1t is rsmarka6ic. however, upon
tho question Of the power OF the courts that
section Of the act creating the Electoral COMMISSION
''rhat nothing In this oct shall be held to impair
any right now existing under tho constitution and
laws 70 question by proceeding In the judc,a
OF tho United States the right title OF the person
who shall be declared elected, VINO shall claim
be President or Vice President oil the United Suites,
any sucn right exists
do otto this provision authority ha wing any
power Of Congress enable tho courts TO acjrdcatc
the title Of tho fresiden, because II mo- and
mental IN passing IT, that this provision
was added TO tho net TO mako u acceptable
hope and S'ps expeet.,,on TO- whome eu might
be injured BY tho action OF tho commission or me
dressed by the courts a sort OF dcprecation as !,
wore against the exercise OF force and violence TO
prevent inc operation Of tnis Electoral Commission
aggrievcd thereby. Besides tho decision tho Eicc-
tora Commission so constituted, by fears and 'ase
hopes, was not made by such a vast prcpondcrating
ana ovcrw helming uDanimity as would too much
commend itself to he consideration Of just men,
He then nosices the argument advanced by tho
committee that all departments OF tho government
and also tho people OF the United States acqu
csccd In the and In the induction OF President
Hayes into Office. He calls attention TO the rcsou-
ton adopted BY tho mrjori,y Of the House on
the 4th Of March, 1877, declaring that Tiidcn and
Hendricks had been elected, aud In regard
10 tho acquicsccncc Of tho people, no says !,
was induced by the fears OF revolution aud
lence which ovorbore the judgment OF Congress In
creating unconstitutional body, especially
"hopcs held out to them by the sixth section OF
tho bill, that tho whole matter, II wrong wcrc done,
would be tried In a peaceful and proper manner be-
ioro some competent court In tho judicial dctermina-
ton OF which everybody wouLt quietly aud peacefully
aequicscc." lilo concludes as folows:-
cannot but think II remarkable that IN tho fnco Of
the sixth section of The act establishing the Electoral
Commission, tho committee should have come TO the
conclusion tnnt tue proceedings OF thus committee or
Congress subsequent thereto constitute an mmovable
haay when tho law itself declares the contrary AID
CON " lint mr. v Inc Aoua
OF representatives. Instead OF constituting nnnIity
those proceedings were, their lace aud express
terms, merely temporary cxpcdieucy or device TO
avoid tho contingency oil u lapscd election Tor
which tho constitution had msdo no provi-
sion. Congress, Ny the express worcs Of the
law declared that Its object and effect were prov-
sionaI only. Tho President entered upon bis once
with the express notice that his tenure question
abio In character Of doubtful validity abso-
uto BY the interpretation OF the extra cons ituiiona
commission, but 10 BIO examined ana upon
II HWY a NV Ionr nr I..ix-