The sun., 1878-09-29
HAYEs's FRAUDULENT TITLE.
The Electoral Comrission Could Not and Did
Not Make u Good.

To THE EDITOR OF THE Sun Sir: / find
my friend. Beverley Tucker, reported ns say
ing that the formation OF the Potter Com
mittee was. In his opinion and that OF mnny
other Nirginians. nm injudicious measure. as II
party measure In this opinion | think Mr..
Tucker will find many more Virginans nom
concurrng than concurring. and In his reasons
for 1t he will find none concurring except a few
penny papers and their masters and tags. Mr..
Tucker Is also quoted as saying that II the
Potter Committee was intended rs an initiatory
proceeding for the disodgment OF Hayes. it
will be futile 1t would bc difficult to under
stand this assertion, so various are the aspects
OF an initlatory proceeding. IL Mr. Tucker had
not furnished us with the view upon which he
relies. and given us his reasons for his concu-
sions
The first reason IL that the Electoral Commis-
sion made bad title good. Then Mr.. Hayes
was not elected. for II he was his title was good
against the world-necessarily good. 1t could
bc bad only because Hayes was not elected. Mr.
Tucker therefore comedies that Mr.. Hayes was
not elected by the people; and. IL the Commits
sion-I had almost said the Internal machine
made his title good 1t elected him. His title
could not be made good by amendment. 1t
could not be peced or patched. 1t must DO
made, entire. and that only by election, Did
We're they ever authorized to elect any oneP To
elect means to choose. We're they ever author.
lied to choose Pr"sdcnt2 II so. who author
ized them? The Constitution declares that II
the people fail TO elect. the peoples represen-
tatives. in their proper House. must elect; but
they have no authority TO transfer their power
to another body not known 10 the Constt tutiQn,
which this Commission was. How then, did
the Commission make Hayes's title good? ?
What hole in IL did they sew up or patch. sew
ing or patching would answer II the House
had not the power to elect; neither Ind the SEN
Then IL they had not the power to elect. they
had had not ne power to appoint agents to , 10 DO
OF all laws and OF common sense that man
cannot grant what he does not possess.
right to transfer to othersa power which they
did not possess. and therefore could not traDs-
Ter. No wonder that Mr. Tucker should say
that cloud hung oyer the title. He might have
said cloud Ms black as midnight Corrupt and
scared by Grants cannon as were the iabrica-
claim the he, power % when Mr. THcEer @ and A. H.
Stephens claim for 1t, nnd which the Commission
did not claim for itself, ready rs II showed
itself to be II speak Of the majority To claim
any power or commit any wrong which .ts
employers required. or which the exgencies OF
says that there was no alternntiveb but submiss ion
to avoid anarchy. Whyl Because Grant stood
ready with his nyrmidons to commence the
work OF destruction. or because Hayes. when
President would back Grant and his myrm-
dons. and by his orders justify the assault upon
Congress. and the murder OF the peoples rep
But Mr.. Tucker says TO remove Mr.. Hayes
would os an act Of bad faith. Again | ass.
! Whyf Was good faith any more involved in
the pretended election Of Hayes than IN the
active, honest elections OF Washington. yefIer;
son. Madison, Monroe. and the Adamses And
yet any one OF them might have been removed.
! II convicted OF high crimes and misdemeanors.
AAndrcW johnson was consttutionaliy IN the
moved and might have been ut the insiigAtion
/ Of Grant tas Johnson himself told me. styling
him the greatest liar and rascal OF his purity;
yet Grant is now the third term leader Of the
Hayes Good Faitn tor. Bad Faith party.
mission to t6e @ E % Mr T9eHer s doss
| not tell us. Mr. stephens says that Hayes's title
Is better than that OF Washington was. hccause.
the I nited States Now. Mr.. Stephens is loose,
| wandering polite who might lie called q
not to know that the supreme Court never did.
! or could take jurisdiction Of the case, because
! he knows that the jurisdiction OF the supreme
| Court Is defined 10y the Constitution. and that
] Court has SO decided. and cannot be enlarged
! by Congress. and the election OF President is
! not among the enumerated powers Hc also
COURT has decided that consent cannot give lu-
risdiction and, finally. he knows that men who
never were Judges OF the Supreme Court were
members OF the Commission.
MIR. Tucker. WHO Is not political tramp. ut
ters no such nonsense, but he bases his argu-
| ment upon the TACT OF Congressional sanction.
| / have shown TINT Congress had no authority u
consent. lor they were Dnt the agents oi the peo-
/ pie. who gave them no such authority. But sup
/ pose they did consent. and thereby betrayed
/ their trust; the suomi ission WAS void. and AN
! appeal lies from II on behalf OF the cestuI que
! trust 10 the grand inquest Of the nation. II the
/ submission was good then the Commission WAS
| u board OF arbtratOrs only and every lawyer
| knows that. although the judgment OF a boarl
/ OF arbtrators cannot be nssnlird when II Is hon
! estly erroneous. the Judgment may ho i'm
peached and set aside Tor corruption. or IN is-
/ TAKE OF fact. or mistake i'll excluding facts.
/ Now this Judgment was in my opinion. cor
rupt. MIR. Tucker thinks II was Il mistake. In
! either cnse II is roviewable and reversible. The
| great merit OF the Potter Committee is that II
brings out and so embodies the facts that there
! can be no mistake about them. and the people
can know what they are. II upon them they
/ shall find Mr.. Hayes principal felon. and the
House shall confirm their report. Hayes cannot
! hold on. And. il he does. why not in peach him
ANOTHER NIRGISIAS.