The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-06-27

the action of the Commission or the two
Houses that they could have their wrongs
redressed by the Courts-a sort OF depre'
cation, as it were against the exerGlsee OF
force and violence topreyent operation
ofthis Electoral Commission act oy any
partv who should have felt himself ag
prieyed thereby Besides, the decision
of the Electoral Commission, 30 constitu
ted by fears and false hopes, was not made
by such a vast, preponderating, and over
wbelming unanimity as would too much
commend itself to the consideration o.
just men,"
He then notices the argument advanc
ed by the Committee that all depart
ments of the Government and also the
people of the United States have acquies
ced in the count and in the induction o.
President Hayes into Office. He calls at
tention to the resolution adopted by the
majority ofthe House on the 4th of March
1877, declaring that Tilden and Hendricks
had been elected, and in regard to the
acouiescenCe of the people, he says "ll
was induced by the same fears of revolu
ton and violence which overbore the
Judgment of Congress in creating an un'
constitutional body, especially as hopes
were held out to them by the sixth sec
ton of THE bill that the whole matter, Il
wrong were done, would be tried in a
peaceful and proper manner before some
competent court, in the judicial determi'
nation of which everybody would quiet
ly and peacefully aCquiesCe."
He concludes as follows: 81 cannot but
think it remarkable that in the face oi
the sixth section of this act establishing
the Electoral Commission the committee
should have come to the conclusion that
the proceedings of this committee, or oil
Congress subsequent thereto, constitute
an immovable fnality, when the law IT.
self declares the contrary, and the CON
trary was emphatically asserted by the
House of Representatives. Instead OF
constituting a fnality those proceedings
were on their face and in express terms
merely temporary expedient or device
to avoid the contingency of lapsed cleo
ton for which the Constitution had made
no provision. Congress, by the express
words of the law, declared that its 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 va
lidity, not made absolute by the interpo-
sition of the extra. Constitutional Com
mission, but to be examined and adjudi'
Gated upon by the courts.
"How is it possible to overlook or mis-.
understand such state of facts, by
which it appears that suhjeCtion to fu.
ture trial by the courts is the express
and explicit condition of ConCeding the
Inauguration of President Hayes p
Furthermore, the committee assume
that the whole question here is of the ju.
risdiction of the Supreme Court. Ihave
followed them in the discussion of these
premises, but the question is really
much larger one. They were perhaps
led into this limited view of the subject
by having before them a bill which pro.
posed reference to the Supreme Court
But the true starting point of inquiry is
provided by the sixth section of the
Electoral Commission act of January,
1877, which speaks of proceeding in the
judicial courts of the United States, with.
out restricting possible inquiry to the
Supreme Court of the United States; and
can it be doubtful that the Justices of the
Supreme Court of the District of Colum-
bia would have jurisdiction to hear and
try an information in the nature of
quo warranto, filed by the Attorney Gen
eral at the relation Of any citizen con-
testing the title of any otfiCeholder in
this District? May not such power be
conferred on any Circuit Court Of the
United States?
l have heard it stated as an objection
against the exercise of the power, and
therefore as an argument that the power |
loes not exist, peaceably to settle con-
reverted election of President through |
he medium of the courts, that such
would be revolutionary and
/ 'Mexicanizltion' of the Government,
whatever thai may be. Let us state the
question, and see what's, and what is not
evolutionary. 1t is claimed by major
ty of the committee that if, by force or
'raud, by forgery and perjury, by Corrup-
ion and bribery, man may buy or de-
raud a Congress into counting forged
electoral certificates of fraudulent votes,
md be allowed to usurp thereby the Of
ice of President of the United States,
here is then no remedy against his ex
srcise of the high duties of thai Office,
md yielding all its great power for four
years within the power of our Constitu
ion. will not admit that our fathers
nave made any such Constitution or
orm of government for the welfare of
he people. cannot admit that there is
10 remedy for so great wrong known
% a republican form of government
guarded by contitutional checks and bal
inCes and legal and judicial remedies.-
# so, then our republican form of gov
,rnment is failure, and will go out in
hight, and darkness to the extinction of
popular rights, and be succeeded by
government in which the army shall put
Up at auction for the highest bidder the
light to exercise supreme executive pow
n, as was done in the Roman empire
Then, indeed, is no remedy left us but
evolution, instead of the peaceable one,
through the action of the judicial courts,
lCting under the Constitution in legit.
mate manner, to which all, from the
highest to the lowest, have bowed and
llways will bow, and to the DEGREES of
which all will quietly submit. So far as
understand the term Mexicanize, mill
ary usurpation is the Mexican mode of
who is rightfully President.
The one prefer is the American mode
If determining that question-reverence
or laws and submission to judicial trib
lnals.
81 do not discuss the question whether
my other remedy exists by the action of
he two Houses of Congress on the sub
ect of the recognition of the Presiden-
ial acts of an officer who has intruded
himself wrongfully into the Government,
because that question was not before the
and it is not before this
House. l am glad, too, that it passes
rom my hands to be dealt with, when
aver it arises, by abler and stronger men
- i -