National Republican., 1876-12-08
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JUDGE BLACKS PETTlFOGGIRG.

Hon. Jere S. Black has published let
ter on the Louisiana question, which, II
he were younger, there might be some
hope that he would live to regret that he
had ever written. His great mistake is in
the assumption of false premises. Had he
been sure Of his foundation his super
structure might have inspired confidence.
His first error is the denomination of the
Returning Board as bogus body. He
should have known that it was not only
legal, but of Democratic invention. The
latter fact alone should have estopped his
criticism out of the great respect he has
for and the unbUunded confidence he seems
TO place in his party in Louisiana. His
second error is In basing his argument
upon the statements of interested Louisi-
ana Democrats and chose of other relia
bic gentlemen. Upon these assumptions
as Foundation he proceeds to make
stump speech OF a Hypothetical character
which, hinging upon the existence Of a set
OF Joint rules of the two Houses Of Con-
gross, devolves the election of President
upon the present House of Representatives.
In arriving at this conclusion Judge
Black wades through over three
columns of the Union, and befogs
hemind of the reader with a learned dis
scrtation on criminal jurisprudence and
other equally irrelevant matter. He en-
Iarges upon the will of The people without
once condemning the base attempt Of his
Democratic friends in the Southern Sites
to disfranchise the Republican voters by
violence, intimidation, fraud, murder and
assassination. We are left to infer that
these criminal acts, If performed by Dem
ocrats il order to secure returns favorable
to their party, are correct and justifables
and that from them there is no appeal. We
think that the last Secretary of State of
the late Mr. Buchanans administration has
done himself great injustice in his ram
bling and diffusive letter. His great repu-
fation as lawyer is placed in jeopardy by
his assumption that the two Houses of
Congress were designed by the Constits-
lion to act, in their separate aud distinctive
characters, as two Returning Boards, in
such manner as to defeat the expressed
will of the people. He admits that
the power is not expressed, but insists that
1t is conferred by implication. And he
does this in the face of the assertion, fatty
inserted in the same instrument, that "The
"powers not delegated to the United
Estates nor prohibited to it by the States
"are reserved to the States respectively or
" to the people" But the power which
he assumes to have been by implication
delegated to the two Houses, acting sepa-
rately, with liability to disagree, was del
egsted to the President Of the Senate, as is
clearly shown by the manner in which the
convention which framed the Constitution
directed, by resolution, that duty TO be per-
formed on the occasion OF the first Presi-
dental election under it. In convention
at Philadelphia, September II, 1877, two
resolutions were passed to give effect to the
first election under it, and the following Is
a literal extract from that portion of the
second resolution which relates to the
meeting of the two Houses and the count
ing Of the votes: THAT the electors should
meet on the day fixed for the election
OF the President, and should trans
sICl NOJSog NSAlll-Nt
sealed and directed, as the Consti-
tuition requires, TO the Secretary Of the
" United States in Congress assembled;
that the Senators and Representatives
should convene at tie lime ard place
assigned; that tie Senator's sl0aH Gp-
"poiBt President cf tke Senate for The
sole purpose Of receiting, opening and
" counting the cOtes for President, and
that after he shall be chosen the Con
gress, together with the President,
" should, without delay, proceed to exc
" cute this Constitution.
"By unanimous order of the Conven-
" ton.
(sigLed) "GEoEeE WASHINGTON.
President.
"WILLIAM JACKSON, Secretary"
This recommendation was strictly ad-
hered to and carried out. Mr.. Llngdon,
of New Hampshire, was appointed Presi-
dent for the purpose indicated. The House
proceeded to the Hall of the Senate to wit
Dess the counting of the vote. General
Washington received a certificate of his
election, signed by "John Langdon," in
which he says: "The underwritten.
appointed President of the Sen
late for the sole purpose Of
receiving, opening and counting the
votes of the electors, did, in the presence
''of the said Senate and House of Repre-
sentatives, open all the certificates and
count all the votes of the electors for
President and Cor Vice President, &c.
Now, if this record does not strip the
clause Of the Constitution from all am
biguity. even in tho md of Judge Jere-
miah S. Black, there is nothing in the
heavens above or in the earth beneath that
can be relied upon for any such purpose.
1t is amazing that he should have ne
elected 10 examine this record, which is
accessible to every one, and still more
amazing that having examined it, as one
would naturally suppose that he must have
done in the course of his vast researches,
he should have been willing to lend him
self to the ignoble task oSattempting to OBJ
fuscste and confuse the minds and judg-
ments Of younger and honester men in re-
lation to the matter.