Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-03-02

Prof. SeeiJe's Speech.
The speech Of Prof Saelye, OF Amherst, in
the House, On the Louisiana case, has at
tracted a good deal Of attention. He said ;
Mr.. Speaker 1t Is perhaps generally true
that in discussions 50 earnest, not TO say 20
excited as this, neither party may be alto
gether right or altogether wrong. In the
bi.terest disputes each side may have some
wha. t. Justify it, both sides perhaps being
correct in what they affirm, and only mis-
taken in what they deny. suppose We
should never have any contention among
true-hea.tei men if each had a clear under
standrs OF the ground occupied by the other.
Ia this casc u the Louisiana election, it is
to me quite clear that the charges which
each party brings against the other are in
the main true. No facts were ever proved
more conclusiyely than the frauds and cor
ruption charged upon the one party. and the
intimidation and cruelty charged upon the
other. Which party went the farther
and did the worse in tits wrong-doing,
i. would lie hard to say. The corruption
on the one side seems as heinous as the cruel
ty on the other size = horrible, and the ex-
tent of each does not seem limited. except as
the necessities Of the case did not permit.
or the requirements of the case did not call
for more. find it, therefore, impossible to
determine which of the two sets Of electors
sending their certificates from Louisiana
voices the actual will Of the people OF that
State in the late election, ard it is equally
beyond my power to admit the propriety of
accepting either. | cannot ezaggerate the
reluctance with which differ from the wise
and candid men-wiser and more candid
men it would be hard to find-who have pro-
nounced the Judgment of the Electoral Com
mission upon which we ere now to vote. |
acknowledge, | think | 80 reciate, the
strength OF their position. We cannot be
too Jealous of the constitutional right of q
State to choose is Presidential Electors sin
such manner as the Legislature thereof may
direct" We cannot be too careful Of
Congressional interference with the duly &C
credited result Of such choice. whether we
like or dislike it. The right Of State to
choose its electors in its own way, and to
ascertain and certify thereto in such forms
as 1t may prescribe, is beyond our lawful
control. | admit all this as technical
statement of clear principle Of our consti-
tution-a principle, moreover, in its general
application, as wise as it Is clear. But
there are cases where the sunmum Jus
becomes the suHzaa inJtria, cases where the
law strictly interpreted and strenonsly en-
forced works a result which contradict5 all
law, and, in such cases, equity lays the
letter OF the law aside. and lifts its voice in
Judgment as the sovereign spirit OF the law,
the spirit of righteousness and truth, de-
termincs Precisely such case seems to
come before US in the pending issue.
Granted, and this seems beyond dispute,
that the Electoral Commission have strictly
and accurately applied the Constitution and
the laws to the question laid before them,
yet what if the very principle on which the
Constitution and the laws must ultimately
rest become thereby subyerted Granted
that the decision reached is fairly within
the bond, yet what if the pound Of flesh can
not he taken without its drop OF blood Z
W Lat if this jealous care of the rights and
prerogatiyes Of State shall so foster faction,
and blunt the sense Of justice, and increase
the prevalence oil fraud, that the very
foundation Of rights shall disappear? No
nation, said Niebuhr, ever died except by
suicide, and the suicidal poison is engender-
ed, not 80 much in the arbitrary statutes OF
a government. a. in the immoral practices VI
people, which the government does not
punish. and cannot restrain. IL IL because
fear tl.ct the strict and accurate interpret
alton nt tie Constitution applied to the
electoral ,utc Of Louisiana would imferil
that vote IN TIE future. and increase the
very taugeIs which the Constitution intend
ed to avoid, that | an unable to CONCUR
With such an application.
This ~ the talk Of a fair minded, unprac
teal man Professor Seelye giants n be-
yond dispute, that the Constitution aad the
law require the vote Of Louisiana to be
counted Tor Hayes ard Wheeler but lie
thinks the case may be ute wurraniing II
disregard vi the law OF eoul-e he cannJt
find fault with the course OF those Who do mol
find in the case ally Gccasicn TO depart iron
the strong and safe ground Of the Constitu-
ton and the law As the Worcester Spy
well puts it When there is all equili-
brium Of conflicting equities or inequh!es
the u.ual course is to let the law prevail.
To set aside proceedings which are legally
and technically regular, it is no; enough to
show that it is doubtful whetisr they ale
also eq-itable i. is right to require proof.
sufficient and satisfying, that they are an
equitable. Tie Democrats claim That they
have such proof, but Mr.. Seelye, who has
studied it carefully, does not admit that
lie says Your proof leaves my mind in
doubt, therefore | will give you all you
could claim if the evidence were 0rer-
The Springfield Un,On illSs-
trates like opinion Of the inconsequential
character OF Prot. Seelyes logic as follows
Mr. Seelyes course in this case is like
that Of the minister who found his son
licking street Arab to make him give
up his stolen sled, and gave his offspring
severe whipping because he had been caught
lighting, while he presented the sled tn the
other fellow who had tried to steal il, as
for the thrashing his son had
given him But that it is best to discour
age fighting by encouraging stealing, few
outside the ranks Of the clergy would be
willing to admit