New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-15
HARTRIDGE's REPORT.
CLEAN DECLARATION THAT CONGRESS CANNo
AssAIL PRESIDENT HAYEs's TITLE.
fcrNEnLI PREes nIspLTCH.I

AssAIL PRESIDENT HAYEss TlTLR
IGENERAL PRESS DIsPATcH.l
WASHINGTON, June 1.-THE report which Mr..
Hartridge submitted to the House Of Representa-
tives to-day in behalf of the majority of the Judi
ciary Committee, declaring that the Presidents
title is unassailabe, is as follows
The Committee on tho Judiciary, to whom was re-
ferred House bill No and the resolutions Of the Leg
saure OF the State Of Maryland directing judicial pro-
ceedings TO give effect TO the electoral vote OF that state
In the last election OF President and VcePresdent Of
the United States report back said bin and resolutions
with recommendation that the bill do not pass Your
committee are Of the opinion that Congress has 10
powerJ under the Constitution 20 confer upon the
Supreme Court Of the United States the original
Jurisdiction sought for by this bill. The only clause Of
the Constitution which could be pausiby invoked TO
able Congress to provide the legal machinery for the
litigation proposed is that which gives the Supreme
Court original Jurisdiction in cases" or controyer-
sizes between State and the citizens Of another State
The committee arc Of opinion that this expression
eases and controversies not intended by the
trainers Of the Constitution 10 embrace original pro-
ceedng by o State in the Supreme Court Of
the United States to GUST any incumbent from
a political Office filled by the declaration
and decision Of the two Houses Of Congress,
clothed with the constitutional power count the cleo
tora votes and decided as final tribunal upon the cleo
ton Of President and Vlce-Presideut.
The XLIVth Congress selected q Commission 10
count tho votes for President and Vice-Presi-
dent, reserving TO itself the right to ratify or
reject such count In the way prescribed In
the act creating such Commission. By the joint action
OF the two Houses It ratified the count made by the Com
mission and thus made II the expression Of its own judg
ment All the departments OF the Federal Government
all the state Governments in their relations TO Federal
authority foreign nations the people OF the United
States all the material interests and industries OF the
country have acquesced In and acted in accordance
n. q he
opinion Of this committee the present Congress has no
mower 10 undo the work of its predecessor in counting
the electoral vote confer upon any judicial tri-
buna the rghtO pass upon and perhaps set aside the
action Of that predecessor in reference to purely pol
itIcal question: decision Of which Is confded by the
Constitution in Congress.
But apart from these fundamental objections to the
bill under consideration there features ana pro-
visions I'm u which are entirely impracticable Your
committee find tno warrant Of authority to summon
the Chief Justices Of the Supreme Courts OF the several
States 10 sit at Washington as jury to try any case
however grave and welghty may be Its nature. The
right TO summon must carry with II the power to en-
force obedience the mandate, and the committee can
see no means by which the judicial officers OF State can
be compelled to the functions OF jurors In the
Supreme Court Of the United States.
There are other objections to the practical working Of
the bill under consideration to which do not think 1t
necessary 20 refer.
~ may De true tat inc ptate Vi AaIyahu nAs peen III
the late election for President and Vice President de-
pryed OF her Just and full right IN declaring who were
Legally chosen by reason OF frauds perperaed by Re-
turning Boards In some OF the States II may also be
true that these fraudulent acts eOuntenanced or en-
cOuraged, or participated IN by some who now enjoy
| high offices the fruit OF snch frauds.
due 10 the present generation OF the people OF this
country and their posei1ty, and the principles on
which our Government Is founded, that oil evidence
tending % establish the fact OF such fraudulent prac-
tees should be calmly carefully and vigorously exam
iBed. But your committee are or opinion that lne
consequence OF such examination, II 1t dscoses guilt
upon the part Of any In high official position should
not be an effort 10 set aside the judgment Of former
Congress as TO the election Of President ana Vice
President but should be co1ned 20 the punishment by
legal and constitutional OF the offenders, and 10
the preservation and perpeuaton OF the evidences Of
their guilt, go that the American people inay lie pro-
Three Republican members Of the committee,