The daily gazette., 1878-06-20
THIRD EDITION.
m. #. Butler ON Hayes Title.

rHE cHBvALIER OF THE HOUSE SAYS NO
OFFICE IN THE GIFT OF THE PEOPLE
Is so HIGH BUT WHAT ITS TITLE CAN
BE INVESTIGATED.
BE. Butler, as an indi vidual member
of the House j Judiciary Committee, yes
terday submitted to the House his rea-
sons for dissenting from the resolution
and report of the majority In regard TO
the invalidity of the Presidents title. He
argues at great length that the supreme
.(ourt has power to take cognizance OF
.aIIeped frauds. He criicises the propo-
sition to refer the matter to the Supreme
Court. but says the true starting point
ing is in the sixth section of the Elector-
al Commission act of January 1877,
whish speaks of proceedings IN the Judi-
,cial courts of the United states, without
retricting posi- BILE inquiry 10 the supreme
Court. 1fthe District of Columbia would
have jurisdiction to hear and tryau in
formation in the nature of quo tDdrrdito
filed by the Attorney General at the re-
latiop of any citizen, contesting the title
of any office holder in this district, may
not such power be conferred on any
Circuit Court of the United States as to
the person of the President?
Gen. Butler saws, whence comes this
novel doctrine that he is above the law?
God forbid that a President of. the
United States should ever commit COM
mon crime, but if he were TO do so, is he
not amenable to the law therefore? Ii
ne usurps possession or the property OF
another, may he not be sued in the
courts9 And yet according to the theory
of the committee he may commit the
greatest possible act of tllegality, nsur-
patton of his Office without amenaDle-
ness to the Judiciary or any other pow
'er. 1 do most earnestly protest against
all such exaggerauons of the office OF the
President. No man in the United States,
be he high or low, is above the law, and
j deplsre the actual condition OF the
Presidency, to maintain which unchal
&enged, wise and good men are driven tc
such desperate resorts of argument. :,
He sums up the situation about as fol
ows 1t is claimed by a majority OF the
committee that if by force or fraud, b,
forgery and perjury, by corrupted ant
bribery, a majority buy or defraud
Congress into counting forged electora
certificates of fraudulent votes and be al
lowed to usurp thereby the othce
President of the United States, there
then no remedy against his exercise o
the high duties of that office, and WELD
ing all its great power for four year
within the power of our constitution
/ will not admit that our fathers hav
made any such constitution or frame c
government for the welfare of the peo
Pile l cannot admit that there is no RENE
dy for so great wrong known to II
publican form of government guarded 3
constitutional checks and balances an
legal nd judicial remedies.
1fso, then our Republican form of go,
ernment is a failure and will go out
night and darkness to the eXtncuon
popular rights and be succeeded by
government in which the army shall p
up at auction for the highest bidder, u
right to exercise the supreme executi
power as was done in the Roman FL
pire, then indeed is no remedy left
but revolution instead of the peaceat
one through the action of the Judic
Courts.