The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1876-12-28
The Case as it Stands.


;ult were acting under the sanction of their |
paths of Office, and are presumed to have |
been controlled by the laws enacted for their I
government. We have the assurance from
and honorable parties that such !
was the fact, and that all the proceedings
were strictly in accordance with the legal re-
quirements of the local statutes. Certainly
this is strong position, and will have to be
met by equally forceful authority to raise
question even Of the validity Of their action.
Street politicians and newspaper writers,
partizan in their identity and purposes,
without any official or legal responsibility,
and necessarily,not familiar with the facts and
the law, proclaim that the result thus reach
ed is not truthiul-that it is tainted with
fraud, and that instead OF Gov. Hayes being
the legally elected President, Mr.. Tiden is.
Which ought to be believed? With which
is the weigh. OF authority? Which of the
conclusions commends itselfto the Judgment
and conscience of fair minded men? Is par
tizan street clamor to be taken as correct as
against the official action Of sworn officers OF
the law?. This is not reasonable, and no IA
tioual man will so conclude.
The investigations which are being con-
Quoted in the three disputed States. by the
committees of the Senate and House, devel-
Cd the most conclusive evidence that the
award of the Returning Boards was just and
LEGAL. So conclusive has been the evidence
in Louisiana before the Senate committee
that intimidation, violence and fraud were
elements in the Democratic method of Sc
curing a solid South, that no doubt exists
with those who desire to have an honest
count and arrive at just conclusion, that
the Republicans dre entitled to the vote OF
that State, and that the mandatory statutes
governing the Returning Board, left no dis
erection with that body to do otherwise than
1t did, in casting the vote for Hayes and
Wheeler. Hon. C.. Irving Dtty, of Balti-
more, who was present at New Orleans, at
the suggestion of the President, and careful
ly examined the laws relating to the functions
and duties Of the Returning Board, and
closely investigated the evidence which was
adduced before them, says, in a very clear
and orciblecommunication in the Baltimore
american of the 25th, 81 think the Board
acted with desire to DO justice, that il did
Justice, and that the evidence and the law
sustain its action. Should pending inveSti-
cations, however, justify a contrary conclu-
sion, hope and believe that the decision of
the Board will be reversed by the refusal, if
no other method avails. of Mr.. Hayes to ac-
cept the Presidency"
Mr.. Dtty's conclusion is that CT every
honest man in the Republican party-of ev-
cry one who maintains, with President
Grant, that either party can afford to be dis
appointed in the result, but the country can
not afford to have President whose election
is tainted with fraud.
The evidence, however, so far produced
before the Senate Committee, gives the
country ''confirnation strong as proof OF
holy WRIT that the Board did precisely
what Mr. Dirty believes they -adjudicated
the case before them upon just and legal
rules. There can be no question raised as to
the entire fairness OF the conclusions to
which the Board arrived, when the facts and
the testimony are weighed apart from part-
Fan influence.
In South Carolina there is no question that
the electoral votes were fairly and legally
cast for Hayes and wheeler; not even The
opposite party doubt this.
In Florida, the Board of Canvassers, COM
posed of honorable men, acting under oili-
cial oaths, have declared that Hayes and
Wheeler carried the State, and have given
the certificates of election to the Republican
electors, which certificates are now in pos
session of the proper custodian, the Pres-
dent of the Senate. Since this result was
declared the Supreme Court of that State
have issued mandamus requiring the Board
to recount the vote, and to declare the re-
suit from the face of the returns. without
reference to frauds which are known to have
been committed, end which the Board could
not do otherwise than recognize. In other
words, tile Court have assumed the duties
substantially of the Returning Board, direct
ing what votes shall be counted, without an
examination whether they were legal or not.
The Board were governed by the law under
which they were acting. They were sworn
officers. They not only followed precedent,
but the directions of the law. The point
raised by the Court was that they had only
ministerial power and no authority to act jul
dicially. In other words, that sworn officers
of the law, constituting body entrusted
with high and important responsibilities,
should attach their signatures to certificate
that the evidence before them determined
sSould be fraudulent-tllat if they We're judi
.cialiy convinced thai an honest count of the
vote would give the State to the Republicans,
they should have signed paper to the effect
that the Democrats had carried it,. Whatev-
er may have been the motive of the Court,
in assuming to perform, in effect, the duties
OF the Returning Board, the conclusion
strikes the unjudicial mind as extra judicial,
and arrived at from other influences than
those which are presumed to direct all judi
clal bodies-iustice and right.
Mr.. Tilden, if he is honest, would scorn
to accept an election, under such crcum-
stances. Neither he nor the country could
afford to rest under such faint of fraud, as
would certainly attach to the vote of Florida,
iii it were possible to cast it for the Demo-
.crats, under the circumstances.
But this action of the Florida high Court
scan in no way affect the vote as cast for
president The final act of casting the four
vetes OF that State for Hayes and Wheeler
has been con summated by legal methods,
and the certificates, properly signed and
vouctsed, of the authority Of the electors to so
cast IL, is with the President OF the Senate,
whose sole duty it is to open and count it.
And that ends it.
From this resume, it will be seen that
HAYES has been clearly and legally and con-
stitutionally elected President. 1t would
be arguing a vast degree OF criminal cow
ardice and venaiity in the people of this
country il they were to deliberately abandon
this result. justified as it is by the law and