The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-12-14

| antpdatrd with the consent Of both par.
tie. to effect injuriously the rights Of
othors--thcse are held ODE forgefics by
all the text writer's on criminal LAW from
Coke to Wharton. The Judicial de.
csons, however in England and
| America are not uniform on this
point and J admit the better opinion
to be that all indictment for forgery
cannot be sustained without proof Of an
actual false making Of the paper IN
whole or in part, stimulation or coun-
tcrleiting which gives it thcappcarance
Of being made by somebody who did not
make it, But tins latter rulo applies
only to private papers, and would hard
| " sa'o the Louisiana conspirators, if
indicted for forgery, in the fabrication
Of false election returns. II has never
been held that an official certificate, in.
tended for u fraudulent purpose and
known to be fuse Is not forgery. An
auditor OF the treasury cerliIics TO IL
! balance in favor Of a person whom he
! knows 10 be not creditor, but
debtor TO the government, with intent
to dclraud the public. q justice ccHilies
| dat 10 deposition was sworn 10 before
him by u person whom hc never snw.
the clerk Of court ccrtilirs TO false
nat radiation papers These ought To-
be, and would be held for iorgcrIcs A
commissioner supervisor or inspector
Of election, whose duty it is to count
the ballots at a particular polliugplaro
iabricatea 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 sup.
pose the returns to toe honestly made to
the central authority OF the state
where the governor, secretary, orspecial
board Of canyassing oIlionls are required
to aggregate the returns, can they
make return williulIy ial8iIyiug the
whole result of the election without
heiug guilty Of forgery While ! CON
cedo that this technical question IS not,
in the present state Of the law, clear
enough to justify any domatism about
! it, the conclusion is not unreasonable
or prrsumptuous that the cauyas-ug
oiliCera who did this thing the gov
rn0r who participated in 1t, and all
other persons who encouraged or AIDED
them are within the condemnation
which the law prouounccs upon Corgers.
ought, however, 10 ad | that have
not looked ut The criminal code OF Lou.
isiana, ! hayo lakon It for granted
that it contains nothing inconsistent
with tho general principle established
in fnglandby the statute OF Elizabeth,
and adhered to IN the other states of
tins Union.
But this Is not important nJW, and
viii never become so unlcss the guilty |
parties are prosecuted Iha question !
ut present Is whether vote known to
he false and fraudulent shall be received !
10 a true one, What weight or value
shall he gwen ~ evidence to papers |
oohooGled with . predetermined intent |
to eheat1 II the evidence, which rs laid |
belor' Congress, That Louisiana voted for
Hayes shall be shown to have its concop
ton, IT'S birth, aud It's nurture IN mere |
ni4uity what honest man can safely
give 1t entertainments A fraudulent
paper proves nothing, 1t IS Nero ml-
l'ty as corrupt IN morals and asyold in
law as any forgery can possibly be.
Thc conclnsivonoss OF the certificate
made ~ legal form 10y the proper state
authorities 10 admitted but that always
presuppo7cs the honesty Of the act, A
judgment OF the Supreme Court is con
elusive too, hnt any justice of thgI
peace who knows 1t 20 have been cor.
luptly obtained may. Pfopcrly cast it
asll2,-..frtr' most solemn act Of the OK
coutyo--a pardon, u patent or COM
mlssion--loscs al Validityif it hetanted
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 ii may have been executed, !
Or how carefully attestcd All writings
are oblitcratcd, and great seals of States
,rumhlc into dust the moment they are
brought into contact with coyinous r
act This applies to election returns \
rs well rs to everything else.
The principle which fences US against
tuayery in matters of minor import
lnGe will not fail us whom an attempt is
made to cheat us 10y wholesale out of
The right to be governed by President /
VI our own choice 1t has been applied r.
10 election certificates in cases precisely y
analogous TO this Onao upou a tin,e
.he majority in the House Of Repreeen
atycs depended upon the election of
in New jersey The Demo
rats were chosen, but the Whic Goy !
'rnor of the State, tempted by the on. |
,ortunity which lie thought he had of N
making bold stroke Tor his party. dis. il
loneatly certified the election of the y
minority candidates and commissioned
hem under the broad seal The com. S.,
aission il ii had any force al all, was !.
evidence of their right to sit :
$ members until they were unsented
pon regular petition and contest y
sut it was fraudulent, and therefore |
old altogether it was not allowed to +
revail for moment. In Pennsylyo. .
lia similar trick was tried in favor of