New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-19
BUrLERS MINORITH REPORE
AN EFFORT TO SHOW THAT THE PRESIDENTS TITLE
CAN BE CHALLENGED YET.

AN EFFORT TO SHOW THAT THE PRESIDENTS TITLE
CAN BE CHALLENGED YET.
WASHINGTON June 18-General Butler, as an In
dIvidnal member Of the Judiciary Committee, To-
day submitted to the House of Representatives his
reasons for dissenting from the resolution and re-
port of the majority in regard to the Inyoabilty OF
the Presidents title. He agrees with the commit
tee that Congress has no power under the Constitu
ton to conferupOn the Supreme Court of the United
States the original jurisdiction sought for in the
Blair Kimmel bill, but he says:
liza proper law was passed by which this contention
could be brought before the Supreme Court IN behalf OF
The people OF the United States through the Attorney
General or by any otneP Eo O1 hS sde n asne
under the Constitution and laws OF the Unled states
dbe United states which dis vested in one Supreme
Court and In such inferior courts as me congress ay
from time to time OrdaIn and establish" Now; uhSs5
it is said that this contention does hoJ dhE I
construction OF the CONSTITUTION ana I it
OF Tue supreme COurt, winch - rt snnreIoe
this judicial power by the constitution lus suproulo
and universal grant OF judicial power and jurisdiction
by the Constitution 70 the supreme COURT te naYOrG
OF the committee find convenient TO Ignore anu oht
As TO the relation Of the judiciary to tne President
Is notorious that the legality OF the Oicia acts OF me
President, aud of those Of the heads OF departme4{s
which are law his acts, continually come under the
supervision Of the Judiciary not the Supreme Court only
pronounce OF the President or or his Secretaries con
rary the Constitution or to the principles OI common
80
comes this move doctrine that he is above the law OF the
land God forbid that President OF the United states
do So he amenabe TO law lereori II ne usurps
possession OF the property OF another may ne NOT De
sued i'm the courts And yet according 70 the theory OF
the committee, he may commit the greatest possible ac
OF Neutrality-suspicious. OF MS seat without @
ness 10 the judiciary any other power. DO most
earnestly protest against all such exaggeratons OF the
office Of the President
General Butler then notices the argument IN re-
gard TO the Electoral Commission, and he attacks
the legality of such commission.
lie also calls attention to the resolution adopted
by the majority of the House on the 4th of March,
1877, declaring that Tilden and Hendricks had
been elected and in regard to the acquescence OF
the people, he said 1t induced by the same fears
Of revolution and violence which oyerborc the judg
ment Of Congress in creating an unconstitutional
body especallya as hopes held out by the sixth
section of the bill that the whole matter would be
tried in peaceful and proper manner before some
competent court, in the judicial determination OF
which everybody would quietly and peacefully ac-
quesce He concludes as follows:
cannot but think 10 remarkable that in the face OF
the sixth section Of the Act establishing the Electoral
Commission the committee should have come to the con-
cu.On that the proceedings Of this committee or Con
grqss subseguent thereto constitute an immOYable
nalty when the law itself declares the contrary and
ReprcseutatyeE Instead OF constituting inaty those
proceedings on their face and IN express terms
merely temporary expedency device 70 avoid thecon-
tmgecy Of lagsed election for which the Constitution
mad made no provision Congress- by the express words
of the law declared that IT'S object ana effect were pro
yisICnal only The President entered upon his office
with the express notice that his tenure was questionable
u character Of doubtful validity not made absolute ny
the interpOstiOn OF the extra constitutional Co1ns-
si0u but be examined aud adudieated upon by the
courts How 10 possible 10 overlook or misunderstood
such stated OF facts by which IL appears that subsection
10 future trial by the courts s the express and explicit
condition Of cOncedng the Inauguration oil ffeslueht
IL Is claimed by majority of the committee that If by
force fraud by forgery and perjury, by corruption
and bribery, man may buy or defuud Congress lhtO
counting forged electoral certificates OF fraudulent votes
ana be allowed TO usurp thereby the Office OF President
of tlc United statCs there Is then rcmedy against his
excisc OF the high duties OF that Oce and welding
an IT, great power FOR four years within the power or
oar Constitution. Twin not admit that OurIathera nave
made any such constitution frame OF government Tor
the welfare OF the people, cannot admit that there Is
no remedy for so great wrong known 10 republican
form OF government, guarded by consututlQnal
checks nd balances and legal and judicial remedies,
n So then republican form Of government Is fail-
ure and will 20 In night and darkness 70 the eTtnc-
ton OF popular rights. and be succeeded BY govern
mont I'm which the army shall put up az auction, Tor the
highest bidder tue right TO exercise supreme executive
uOWcr as was done in the Roman Empire. Ihen indeed
Is no remedy left us but revolution instead OF the peace
De one through the action OF the Judicial courts acting
uudcr Tie Constitution In legitimate manner, to which
mi from the highest the lowest, have bowed and al
ways will DOw and to the DEGREES Of which all VIII
quietly submit so far as understand the term MeXl-
tanZc" military usurpatOn IS the Mexican mode OF de-
tcrmning who rghtfully President The one prefer
Is the American mode of determining thai question
reverence for laws and submission to judicial tribunals