Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1878-06-26


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He then notices the argument adyanc-
cd by the committee that all the depart
ments ofthe government, and also the
people ofthe United States, have ac-
auiesced in the count and in the induc-
ton Of President Hayes into office. he
calls attention to the resolution adopted |
by the majority Of the House on the
4th Of March, 1877, declaring that Til
den and Hendricks had been elected, |
and in regard to the acquiescence OF
the people he says it was induced by the
same fears OF revolution and violence
which oyerbore the judgment Of Con-
eress in creating an unconstitutional
body" especially as hopes were held
out to them by the sixth section OF the
bill that the whole matter, if wrong
were done, would be tried in a peace
ful and proper manner before some
competent court. in the judicial deter
minaton Of which everybody would
quietly and peacefully acquiesce."
He concludes as follows. Il cannot
but think it remarkable that, in the face
of The sixth section of the act establish
ing the electoral commission, the Gem.
mittee should have come to the conclu-
sion that the proceedings Of this COM
mission or OF Congress subsequent
thereto, constitute an imnovable fiRali
ty. when the law itself declares the con-
trary, and the contrary was emphatical-
" assured by the House of Representa-
tives. Instead of constituting fnaity,
those proceedings were ON their face
and in express terms merely temp Or
AIRY eXpedicncy or divice to avoid the
contingency Of lapsed election, for
which the constitution had made no
provision. Congress. by the express
words of the law, declared that its OBJ
icc. and effect were provisional only.
The President entered upon his
Office with the express notice that his
tenure WAS questionable in character,
Of doubtful validity, not made absolute
By the interposIion of the extra-consti-
tutional commission. but to be eXamin-
ed and adudicated upon by the courts.
How is il possible to overlook or mis-
understand such Il state Of facts by |
which it appears that subsection TO tu-
ture trial by the courts is the express |
and explicit condition Of conceding the !
inauguration Of President Hayes?
Furthermore. the committc as
sumo that the whole question here is Of
the jurisdiction Of the Supreme Court.
| have followed them in the discussion
Of these premises, hut 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 proposed reference to the
Supreme Court, But the true starting
point OF inquiry is provided by the sixth
section %. the electoral commission act
of january, 1877. which speaks of pre-
ccclin. in the judicial courts Of the
United States, without restricting pos
-ible inquiry TO the Supreme Court Of
lhc United states. aud can it be doubt
cl that the Justices Of the Supreme
Cour. of thc District Of Columbia would
have jurisdiction tc hear AID try an
information in the nature ola quo war;
un.o lied by the attorney general at
Che relation Of any citizen contesting the
llls ol any o.iicehollcr in this District.
May not such power be conferred on
any Circuit Court Of the United States
Il have heard it stated as an objec
lion AGAINST the exercise Of the power
and therefore as an argument that the
She power does not exist pcaceably to
settle a contrOyerted election Of Presi-
dent through Che Medium of the courts
that such proceeding would be reyo-
luuonary and a INSTRUMENTATION Of the
Observation-Disclosures that may be.
Lctus state the question and see what
is and what is not revolutionary. 1t is
claimed by majority OF the committee
that IL by force or fraud, by the forgery
and perjury, by corruption aud bribery
q man mas buy or deirad q Congress IN
TO counting forged electoral certificates
of fraudulent votes and be allowed to
u,mp thereby the Office of President Of
the United States. there is then no rem
cdy against his exercise Of the high du-
lies OF tnat Office and welding all Its
great power for four years, within the
DOW en- Of our constitution.
II will not admit that our fathers
have made any such constitution or
frame of government for the welfare
of the people. | cannot admit that there
is no remedy for so great a wrong known
10 a republican from Of government,
guarded by constitutional checks and
balances and legal and judicial remedies.
Il so, then our republican form of gov
crumcnt is a failure, and will 90 out IN
night and darkness, to the extinction Of
popular rights. and be succeeded by
government in which the army shall put
up at auction COR the highest bidder the
r..ht to exercise supreme executive pow
en- as was done in the Roman empire.
Then. indeed. no remedy left us but
revolution. instead of the pcaceable one
through the action Of the judicial courts,
acting under the constitution in a legiti.
mate manner. to which all from the
highest to the lowest always Will bow,
and 10 the DEGREES OF which all will qul-
city submit.
$50 far as | understand The term Mex
military usurpation is the Mex
lean mode Of determining who is rightiully
president. The one / prefer is the
American mode of determining that
qucstion-reycrcnce for law and submits
sion to judicial tribunals. l do not dis
cuss The question whether any other
remedy exists by the action OF the two
houses Of Congress on the subject ofthe
recognition ofpresidential acts Of an
officer who has intruded himself wrong
fully into the government, because that
question was not before the committee,
and il is not before this House. am
clad, too, it passes from my hands, to
be dealt with, whenever 1t arises, by
ADLER and strong men who may occupy,
The seats which they occupy to
deal with that question fever it may
arise. Respectfully submit
ted. BENZ. f. BUTLER"
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OF tlrs. Tilton from