New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-12

not bel;cve that any sucb communication has been
sent Gov. Tilden, they say. is not giving ADVICE
of this kind to his party friends and supporters I'D
Washington and if he did send such cOmmunica-
ton it would be disregarded. The Democratic
party they assert has committed its case TO the
Electoral Commission. They believe that the de
cisOn thus far made by the Commission is not sus-
tanned by the Constitution, the laws, JUSTICE OF co
mon sense. But no matter what its character may
be, the Democratic party is bound to apide Dy i''
They will present the Louisiana case with az
much confidence and argue it rs carefuiiy DIS
though no adverse decision had already been
made and thet will depend upon the honesty and
capacity of the members of that Commission Tor
fair and legal ADJUDICATION of the questions cub
mitted They do not believe that the principles al
ready land down will be sustained by popnlar
Opinion OF by the Commission itself in the Louisiana
The Democratic view of the recent decision OF the
Commission may be summed up in a few words
That Tribunal the leaders say, has refused 10 re-.
ceve any evidence whatever impeaching the anthor-
ity of Gov. Stearns's certificate That certificate
contains in itself no evidence that 1t is based on the
report of any returning board or that any return
ing board had anything whatever to do with can
wasting the vote That part OF the decision in whch
reference is made to the report OF returning board
put in they say in order to save the case OF Ore
gon which is the only one in which any reference
whatever is made to boards of State canvsssers 10
use the words of leading Democrat In conversation
to-day 1.-THE logic of this decison is that while no
man can be deprived of his property or personal
rights under the laws of this country so long as nc
can trace his property or show that his personal
rights have been invaded, the rights OF the States
are not to be protected in any such way; if man
ofaa afoha nd throuUl
hundred different persons and find it at last and
identify it, can recover my property but II the
vote of a State Is stolen, matter how convincing
the proof that may be adduced that proof is not TO
be looked at and that vote not to be restored I'M
der any circumstances, provided the Governor has
certified to the fraudulent certificate"
The Republicans are of course pleased with the &C
ton of the Commission, and think that they have
already won the battle for Gov. Hayes. William
NJ. Evarts and other leading Republican counsel are
reported Tonight to have said that the Florida case
in point of law was much stronger against the he
publicans than the Louisiana case possibly can De,
and that under the opinion given by the eight mcin-
bers of the tribunal which they hold to be cor
rect in law and based upon the facts, it
would be impossible to go behind the returns
of Louisiana even to inquire as to the
eligibility of an elcctOr. The exact position of
that no question can be raised to the eligibility of
electors unless in the certificate of the electoral vote
itself There is something which to base the pre-
sumptive evidence that the eligibility should he
matter finquryn other words, the Electoral College
is the judge of the qualifications of its own members,
and its decisions must be considered final unless
raises the question for the authority which counts
the vote to decide There is nothing OF the kind IN
the Louisiana case. The lawyers say that the
returns from that State are more complete In form
and more exactly in accordance with the Language
of the State statute than the returns OF almost any
other State and that upon the law principle already
decided, the Tribunal will be bound to order the
louisiana votes counted for Hayes and Wheeler: he
saving clause in the COMMISSIONS decision OF the
Florida case i'll regard to the Governors certificate
being based on the action of the Returning Board,
will undoubtedly prevent the counting OF Cronns
vote in Oregon.