The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1876-12-20

latter rule applies only to private pa
pers, and would hardly save the Lou
isiana conspirstors, if indicted for forg-
cry in the fabrication offalse election re-
turns. 1t has never been held that an of
fetal certificate, intended for a fraudu-
lent purpose, and known to be false, is
not forgery. An auditor the treasury
certiies to balance in favor of a person
whom he knows to be not acreditor,
but a debtor to the Government, with
intent to defraud the public; n justice
certi6es that deposition was sworn to
before him by a person whom he
never saw; the clerk Of court certi6es
to false naturalization papers. These
ought to be, and would be, held for
forgeries. A commissioner, supervisor
or inspector of election, whose duty is
to count the ballot at particular pol
ling-place, fabricates a certificate, signs
and returns it in total violation of
what he knows to be the truth; how
would he fare in a court if indicted for
forgery But suppose the returns to
be honestly made to the central au-
thority Ofthe state, where the governor,
secretary, or special board of canvass
ing officers are required to aggregate
the returns, can they make certifi-
cate willfully fslsifying the whole result
of the election without being guilty of
forgery While concede that this
technical question is not in the present
state of the law, clear enough to justify
any dogmatism about it, the conclusion
is not unreasonable or presumptuous
that the canvassIng officers who did
this thing, the governor who participa-
ted in it and all other persons who en-
couraged or aided them are within the
condemnation which the law pro-
nounces upon forgers. 1 ought, how
ever, to add that l have not looked at
the criminal code of Louisiana. have
taken it for granted that it contains
nothing inconsistent with the general
principal established in England by
the statute of Elizabeth and adhered
to in the other states ofthis Union.
But this is not important now and
will never become so unless the guilty
parties are prosecuted. The question
at present is whether vote known to
be false and fraudulent shall be receiv-
ed as a true one. What weight or
value shall be given as evidence to pa
per, concocted with predetermined
intent to cheati If the evidence,
which is laid before Congress, that
Louisiana voted for Hayes shall be
shown to have its conception, its birth,
and its nurture in mere iniquity, what
honest man can safely give itentertain-
ment? A fraudulent paper proves
nothing; it is a mere nullity, as corrupt
in morals and as void in law as any for
gerry can possibly be.
The conclusiveness of the certificate
made in legal form by the proper State
authorities is admitted; but that always.
presupposes the honesty Of the act. A
judgement OF the Supreme Court is
conducive. too; but any justice of the
peace who knows it to have been cor
ruptly obtained may properly cast il
aids. The most solemn act Of the ex-
ecutive--s pardon, patent commits
sion-loses all validity if it be tainted
with fraud. Under proof of any dis
honest practice any private deed and
every public record becomes as worth
less as blank, no matter with what
solemnity it may have been executed or
how carefully attested. All writings
are obliterated, and great seals of State
crumble into dust the moment they
are brought into contact with covi-
nous fact. This applies to election re-
turns as well as to every thing else.
The principal which fences us
against knavery in matters of minor
Importance will not fail US when an at
tempt is made to cheat us by whole
sale out of the right to be governed by
a president of our own choice. 1t has
been applied to election certificates in
CAGES precisely analogous to this.
Once upon time the majority in the
House of Representatives depended
upon the election of members in New
Jersey. The Democrats were chosen,
but the Wing governor of the State,
tempted by the opportunity which he
thought he had of making a bold stroke
for his party, dishonesty certified the
election of the minority candidates and
commissioned them under the broad
seal. The commission, if it had any
force at all, was conclusive evidence of