New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-20
SCOTT LORD ON THE POTTER RESOLUTION.

|
! WHY HE WOULD HAVE OPPOSED IT, IT HE WERE
NOW IN CoNGREss-THE FOUNDATION OF AN
ASSAULT on PRESIDENT HAYEs's TITLE-A CUES
TION TO BE TESTED IN THE COURTS, If ANY
| wHERE-sURPRIsE AT THE COURSE OF SOUTH
ERN CONGREsSMEN.
! EX-Congrcssman Scott Lord, who in the
last Congress was among the Democrats who voted to
sustain the Electoral Commission and warmly advocated
tho measure gave to a TRIBUNE reporter on Saturday
his views IN regard to the Potter resolution. lie said
that II he he'd been in the present Congress he would
have voted against the resolution. lie was asked his
reasons
ct il evident he replied, from the ruling OF the
Speaker as TO the question being privileged and from
other crcumst notably the action Of one OF the
states the resolution Intended as the foundation
OF an assault upon the title OF Mr.. Hayes TO the PTesl-
deucy II Mr.. Hayes is notlegay President. the ques-
ton should be settled by the courts, where Judicial
cmness would not awaken the passions OF the people.
1t is not question for the political in which feel
ings kindred to fduatcism may lie aroused IL is re-
opening the old question in the form of party politics.
Democrats more than Republicans claimed the merit Of
taking the question out Of politics by the Electoral Bill
"Dld the bill effect that oljecti"
"Not wholly; but IL IL did not settle the question
finally, it left it in position so that only courts could
interfere"
at is claimed that legislation is needed before the
courts act"
.such legislation cannot affect the past" said Mr..
Lord II Mr. Hayes legally declared President no
subsequent law change tie result. II he Is not
legally President he only be removed If at all, by
the courts"
"Do you think the have the power TO do this,
assuming that Mr. Hayes is not rightfuly PRESIDENT"
81 do not think that Congress IS made by tie Con-
.tuon the supreme tribunal TO declare who is elected
President From decision there ia appeal, and
there can be no review by any coordinate branch Of the
Government"
'Do you think Congress bad the power 10 look behind
the duly authenticated returns Of the States2"
1.-THE Electoral Commission" Mr. Lord replied, "held
that Congress had power think the Judgment
OF the will sustain this decision There is such
perfection in national tribunal its exemp-
ton from the frauds. errors and passions which it is
alleged have affected such tribunals TO make Congress
Returning Board, with the enlarged powers which States
have conferred their Returning Boards would be
very dangerous and party might perpetuate the Adj
mnsrat OF its choice indefinitely. One.goOd result
certainly followed the decsont revealed clearly TO
every house land that there still sovereign
States and that the great rebellion did not obliterate
our Institutions"
a. How do you account for the fact that only two
Southern men opposed the Potter resolution u
"I cannot account for II. know that most OF them
regarded the decision OF Congress declaring Mr.. Hayes
President final In accordance with the letter he had
written before his inauguration he lifted from off the
South the nightmare ofmary domination and is really
a nonpartisan President. Had Mr.. Tilden been Prcs
dent, the question Of military domination would
have remained partisan one. fear 1t
Is again drifting in that direction. l think
the chyary OF the South would have been shown more
conspcuously in defeating the resolution II there is
evidence regard such question: the truth
SccTuiucd and punishment awarded lar better IN
legal than political tribunals Not hut that there are
many questions involving fraud into which Congress
may inquire; but questions relating To the states ana
past political events, and in regard to which political
itu,g noNC
stances hardly find satisfactory solution through
Congressional committee. And yet had the resolution
been 80 guarded the OF Of the states and
the ruling OF the Spcakcrthat the question was prvi-
lrgclGnd the surrounding crcumstanccS-had 1t been
so guarded these could not be held the niatOry
steps ussang Presidential title, do not see THAI
any great mischief would ensuo ana possibly benefit
might result"