, 1876-12-14
TtIE COLOR Of LAW.

10 Md ENdsoT " jA4 1t1ptN.
BHLLRviLLE, ILL.,, Dec. 12.-1 have not scon
In any newspaper any statement Of the law
which seems to me, Republican rs ! certainly
am, to govern tue case OF Cronln. Of Oregon,
and determine tbs validity Of tho vote cast by
him for Mr.. Tildcn. No two lawyers would dti-
fer upon It II called upon to apply It ns Judges,
and to mo It appears as tho chief obstacle 10
Mr. uaycs' election. II Ia a clearly-catabllsllcd
ofIlce, which Ia most cases consists OF commits
sion or certificate Of election, may do tho duties
and exercise tho franchises Ut the Office as
though he were dc jure the officer. and that all
his acts done Under such color arc valid and e.
iectual official acts for. the purposes for which
arc accomplished, cannot ue questioned ia any
proceeding. It needs no citation Of authorities
to cstabltsb the Atove rule, and T. Presidential
Elcctur Is ~ much subject to II and IA much en-.
II Will be, seen at oncc that as q matter Of
strict law, Cronln WHO held color Of Office was
entitled TO veto, aud Watts, his opponent, was
not, and that Cron1n,s vote WIS legal, valid,
and cttectnal vote, although T. was east In de-
tianco OF the wishes OF majority Of thc people
Of Oregon, and to consunlmata one Of the most
ccycd In this country.
! am ready 70 grant end affirm that he Vas
of Gov. Grover That tic ineiigibilIty q Watts,
WHO received the higher number Of votes, elect
ud Cronin, who received tho lesser number, Was
utterly unf0undcl tn law, and that when Grover
proceeded to decide upon Watts' dlsqualiflca:;
lions he usllrpcl tho province Of Court, and
this 20 clumsily tbat he vlosatel every principle
OF fairness t,y conlemn!ng Watts without q
hearing; hut oil this does not evadc the single
fae: that Cronin had color Of law, and hfs acts
to nttaek Ills title but IN n direct proceeding.
There was no Time for direct proceeding, mid
probably no machinery provided, NIL Of which
was ku6wn to tho rascals who planned the out
Tho Governor may he impcachcd and pun
ishcl, anl nll manner OF popular vengeance
wrcakc1 on Ills guilty head, but the vute OF
Cr0lin for 1iiden was cast under color Of office,
aud It's validity Is sustained BY tho color Of law,
which In this case Is tho law itself.
The WRONG that las been done by this Oregon
business is q political wrong, ard these ore
neither fow nor lncunsp(cu0us In every popular
government whcre partisan spirit runs hfgh.
Tie refusal OF tho House Of Representatives to
when he appeared with Lis certificate Of eler
tton md no one contested Ills eeat, WIS polttl
cal wrong, ns was tho inc1cusable refusal to nd
NIT the Colorado member. First, au appeal t
the ballot-box, and patient waiting until I'll.
slow.muyine but powerful public opinion of tlls
people con.leiuns the party. which did thu
WRONG; and, second, tho sword. The latter hat
AGfCI utt1 EEauEttA W NlLH buCCG.st WILL tllt
former III one sllape or another had lconspcuouslJ
fatlcd, md ought never to ue rcsortea TO unit
the wrong To bc rtghted have become iutolernblc
| The former ia healthy and efreetual remedy
for cases not chronic, and / believe may be ap
piled to the one we are considering. aln aware
Ut the Impatient rcmonstranccs that would ht
male by ixcll-meaning people against permit
ting gross Injustice u bu done lu tho TUNE oi
Law, but these will laye to reflect that lnau,
evil things nre done IN TINT same way every day
TINT human ingenuity has nut invented gen
! eral rule that does not work many llardsllps
| that Inv, no matter how perfect, frequently
does Injustice simply Iccauso It 70 u rllic, ant
above all tllat tue must rigid obedience aal re
| srccs must bo given to tile Color Of Law, lit
matter hoy wrongly T may ssem 70 act, unles'
itself. Let tic political kuavcs not bo lsup
pointed In one thing, to-wit: their. caiculatio.
that the regard for law IL 90 stronEln this eoun
try that It will suffer measure of wrong to b.
done In It's name before It will overthrow ths
law itself. Uphold ail who had color OF law,
| nnd dcyiso nieans Ia the future to 90 punish
those WHO stole 1t as to deter In tho future all
| who would in like manner offend.