The New York herald., 1879-03-05
Concluding Reports of the Potter In
vestigating Committee.
GENERAL BUTLER'S POINTS.
HAYES Counted Ii, Tldsn Defraudsi. the Elec-
toral Commission Praudicial-
ANOTHER MAJORITY STATEMENT.
Democratic Views of the Cipher
Dispatches.

WASHINGTON March 4, 1879
The views of General Benjamin F. Butler upon tho
Potter investigation. as embodied in his individual
report submitted to the House last night. cover
nearly two hundred pages OF legal cap. In commence
ing Mr.. Butler begs leave to put upon record the
suits at which he has arrived upon of the
most important matters submitted to the
investigation of the committee, and the matters
of fact and process of reasoning which have
led him to the following results That he might not
be biased in his opinions by the views entertained
upon the topics treated by his associates on the
committee he says:-I have purposely abstained
from any discussion of them until they put
upon paper. 1t has not seemed to me necessary to
spread out here any considerable extracts from tho
evidence any extended quotations from documents.
because when closely examined, far as think the
facts of value, the evidence stands substan-
TALLY undisputed and uncontradicted, although in
many of the details of the evidence there is most
painful perplexing contradiction of facts to
by some witnesses, each of whom seemed
hesirous Of contradictng the other, and generally
ended by contralictng himself. Perhaps this to
been expected i'll the investigation into alleged
frauds and wrongs produced either by partisan feel
ing bribery and corruption in the several forms.
Fortunately for the examination have to make, all
this contradictory testimony be laid aside and is
required for the elucidation of the main facts
upon which my mind rests in reaching my conclu-
sions.
VOTE LOUISIANA
do not intend to examine the disputed elections
their results in the States of South Carolina or
Florida, or the bearing upon them which the tele-
graphic communications known the "cpher tele-
grams" might have. The vote between Mr.
Tilden and Mr.. Hayes was so close that
the loss of any State to either or
hO hay he md fbc 1ocso
to be learned from the election OF 1876 well be
taught TO the intelligent student of political history
by the examination of one State as of ALL have
chosen to examine only the political and party action
of both parties, their leaders and their ,nanipulaors
of election i'll the State os Io,sian where 1t would
seem every form of wrong misconduct and outrage
possible 20 be done in an election Is alleged to
have been committed on the side the other.
Inc report then continues in it's review of the ques
tions treated by General Butler and concludes
lows:-"From the evidence produced before the
committee" he says, my mind has been brought to
several conclusions-nanlely,
Firsi-That in 1876 there full and free
election by the whole body OF the electors of the
State OF Louisiana and that the electoral that
State ought not therefore to have been counted in
favor of either candidate for the Presidency.
S,cn,d-rhat ii any legal election held in
Louisiana then the majority OF the actually
east i'll the state for the Tden electors and for
Governor Nichols.
Third-That i'll the vote of the State is counted
ut all the votes of the budozed parishes" they
called within the fair and just exercise of
the lurf iiction OF the Returning Boatd, to be
1ected in the proper exercise of their Judgment with
the exception OF some few polling precincts not
terial to tho result.
Fourth-That in the parts of the State other than
said bulldozel parishes. where a full campaign
made by both political parties the majority OF votes
cast for Packard for Governor and portion OF
the Tilden eectors, leaving two or more Hayes elec
tors unecctei.
0or which alone there seems any authority in the
Boardl given fun expression to the will of the people
in such parts of the State not effected by
ercion and violence in favor of Packard and against
two or more OF the Hayes electors, which would have
given the Presidency 10 Ti.den, and would have
the ease II the whole vote OF the State had been
jectcd by both houses.
EVIL TENDENCY OF THE FLEcronAL COMMISSION
Str'R-fhe declaration by both hcuscs of Congress
that under the circumstances the OF Louisiana
should not be counted for either candidate would
have been the best possible result to the country.
because IL would have tuught lessen to over
jealous parsans that elections cannot be carried,
either by force and intimidation at the polls,
or by fraud. in the so ns 70
avail tho successful candidate; and il so
carried by either the votes would be rejected
by the final counting tribunal. on the contrary
under the rulings of the Electoral Commission, IL
they accepted the governing law. every en-
couragement is given to reckless, strenuous par
tans to carry their state either by or by fraud
.Ss,,enls-rhat the Electoral Commission az consti.
tuted has afforded no practical solution of the con-
stitutiona difficulties attending the count Of cleo
toral votes i'll dsputcd States. and that exigency
again arising like that of 1876 will surely lead
luton.
A,gathThat the appointment of such Electoral
Commission TO have anything to do with counting
the votes returned for President and Vice President
Ct the United States whauyor s in fur an abd!ca-
two hoacs. is wholly beyond and outside the con
sttnsion, and Us determination ought to have no
legal force effect
N'nh-fhat tho appointing Of the judges of the
supreme Court upon such political formation has
done great harm 10 the cause Of justice by impair
ing no reverence ihat the people have always justly
had for the integrity of the decision of that OF
causes between party aud party and in undermining
the popular estimate Of the stern inipartiaty of the
court that in all questions IL will do equal and
Justice under the law to- every cijzcn and in view
Its al success the experiment ought to bo tried
again.
Tenth-The result has shown that it is against pub
lie policy and tends to bring elements OF corruption
into political methods Of action, to send Official
partisans OF large political influence one side or
The other. both, into States for tho purpose OF
controlling or advising either IN regard To- how it's
electors shall vote 10 advisc to the manner in
which the votes OF States shall be returned and
counted.
sra. HAYES COUNTED is.
hlerenn-That tho counting IN Of Mr. Hayes was
obtained by series Of gross and unjustiablo irre-
ularties and frauds, which cannot he too strongly
coniemned and rcprobated.
rrcltlh-Ihat If any :itlo 10 the Govcrnorshp of
Louisiana resulted from the late election in that
state 10 any ID was TO Governor Packard, who
was legally elected, duly qualified and inauguratei.
aid had right 10 the support of the general gov
ornnent against domestic violence aud insurrcction,
by which The statc and himself equally de-
lTiyei of tho just political rights.
Jh''feHit-rhn, the act OF Mr.. Hayes. President
OF tue United states. in appointing and sending the
purpose aud under the instruction to act under
which 10 Vac sent, ACT wholly unauthorized
by the Constitution and not within the power or
scope ~ the EArcntve. and especially rcprchcnsibIe,
as lts ufppe and motive TO carry out corrupt
political ar.anB me,t, agreement and compact
his part. mids ~ his friends with his knowledge
aud acquicscencc anu consent. the fruits OF which
lac Is stu cnjOyiag without right aud against law.
FOurtceaW--lnat there ncitiicr is ought to bc
any indeioasibo title any executive ofhce which
cannot be reached. rr-cxainined aud decided by
proper proceedings, authorized by Congress to Le
taken and heard ultimately before the supreme Ju-
dical Court
Htroisf OF THE MAJORITY OK fHg clpaERs.
The report OF the majority OF the Potter Committee
upon thn cipher desiaiehrs was not handed nto tho
Clerk of the House unt two o'clock this mornng.
II conihenrcs with rccapitulatOu the resolution