The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-13
the Tribunal.
The Florida, the Louisiana ana the
Oregon Cases.


| IN. ]. Herald.
An obvious inference from this conse.
| quence OF the decision Is that the SUI
premely important fact in any presiden.
| tial count is the regularly certified re.
turn OF the electoral vote Of State. In
It's broadcast applicat Ion this allows the
| fullest force to the view of the constitu.
| ton OF the States: one Of which the
| Legislature Of the States and no other
power has control u function which Ii
an attribute of the States as sovereign
| ties. and into the examination Of which
| therefore. Congress cannot go, except
| to be sure OF what the State has
done. For general and for specific
reasons the supporters OF Mr.. Tilden
| cannot object to this; but its applica.
tons 60 beyond the case OF any particu-
| lar candidate. II. for instance, the &C.
ton Of the recognized State authorities
| must be accepted from Louisiana in
| face Of the shameful revelations re-
Gently made; IL the vote that was huck-
stored about the country in search Of u
purchaser must be counted for Mr..
Hayes with the best possible reasons
before the country for believing that
Mr.. Hayes did not carry that State, 1t
will be recognized rs an unfortunate
condition OF the law which results in q
defiance Of the will of the people as ex-
pressed ut tho polls. Although such
a judgment seems u direct proffer
Of a premium to future frauds, it must
at least arouse the people to :he neces-
sity Of surrounding the function OF the
State authorities with such effective
guarantees that scoundrels in office will
not have 1t in their power thus to tam
per with the very life Of the nation.
GA ;,1 he l..
people OF those States that have not
the power to install the authorities
they have chosen-where the false
counting Of returning boards Is sup
ported by Uni ed States judges appoint
ed for the purpose or United States
troops in the State House.
Although the full effect and operation
Of the order Of the Tribunal Is not yet
apparent, and must be derived from the
action 1t Is yet to take on the documents
before it, the fact that it limits its in
quiry to the record made by State au
thorities. or alleged State authorities,
is insignificant, at least, OF such re-
cognition as we describe OF the supreme
Importance in the case Of the acts OF
these authorize; and II it pursues
ing the case its further inquiry
will merely be, not for what might
be equally called the justice OF the
case, but into the formalities Of the sew
cal certificates. It will simply deter
mine which Is legally the act of the
authorized State officers. But this re-
cognition Of the inviolabiIity OF the
State record will evidently cut both
ways. 1t will give great prominence to
that piece Of sharp practice In Oregon
for which no section Of the people has
hitherto had any respect. Ii known de-
fiance OF the popular will is of no conse-
quence and the Governors certificate is
Of all consequence, and II the only point
that gives to Congress an original right
to inquiry is the doubt OF an electors
eligibility under the constitution, the
course Of the Governor Of Oregon can
not be reviewed by the commission.
For, as there Is no disputed Authority
in Oregon-and it is, under the State
law, the Governors duty to certify
the Republican elector who, it is al
legged, is disqualified, cannot even get
his case before the commission for
want of the Governors certificate, and
the appointed elector cannot, because
he possesses that certificate, be ignored.
1t does not seem possible under this
ruling for the excluded man to show
that he Is not disqualified.