The New York herald., 1877-01-15
The Returning Committees OF Inves-
tigation.

tI8ot10us
The six committees-three appointed by
the Senate and three by the Housewife
have completed their examination of wit.
nesses before the middle of this week, and
will Immediately return to Washington.
There can be no reasonable question of the
propriety, and even necessity. of these in
vestigations. They were unavoidable ex-
cept on the theory that the certificates of the
Electoral Colleges are final and that there is
no authority to 60 behind them and inquire
into their validity-a theory which would
encourage fraud by breaking down all dis
ment it is admitted that false and fraudu-
lent votes ought not to be counted the
necessity is apparent for ascertaining the
facts in every case where there is presump-
tive evidence of illegality.
An unbroken line of precedents shows
that Congress has always claimed and
always exercised the right to examine the
electoral votes and pass upon their genuine
ness. In cases where the votes are not dis
puted the duty is simple. 1t is merely to
see that the certificates are regular in form
and duly authenticated by the proper State
officers. But when it is alleged with a color
of evidence that they are illegal or tainted
with fraud the facts must be investigated in
| advance Of the counting in order that Con-
gress may act with intelligence and do
justice.
! The investigations having been set on foot
| by the democrats of the House, the repub-
licans of the Senate had to appoint COM
mittees of their own, or else leave Congress
to act on er parte evidence. Doubling the
expense is trivial matter compared with
the importance Of full development Of the
facts. There will, doubtless, be divergence
and contradiction in the reports, but this is
q smaller evil than one-sided investiga-
tion. A comparison and sitting of the evil
dence will give as fair O chance of reach
ing true results as a jury ordinarily pos
sesses for q just verdict in trials between q
plaintiff and defendant where each side
calls it's own witnesses and their conflicting
testimony enables the jury in most cases to
do substantial justice between the parties.
Conflict Of evidence is better than conceal
ment Of any part of the facts.
The work OF the committees has taken
States in advance of the formal reports
The House committee, with democratic
majority, will make unanimous report
that the Hayes electors were legally chosen
in South Carolina, and the Senate COM
mittee will, of course, indorse this conclu-
sion. With respect to Florida there will be
no such unanimity; but the facts thus far
developed seem favorable to the demo-
cratic claim. The surrender Of Governor
Stearns to his democratic competitor will
incline many people to think that the dem
ocratic party really carried the State. With
Governor Stearns personal interest in the
question, and his opportunities to know the
facts, it seems improbable that he would
have given up the contest unless convinced
that his opponent was fairly elected. If the
votes for Presidential electors in Florida
had been recanvassed in obedience to the
judicial mandate, as we'll as the votes for
State officers, there can be little doubt that
the electors would have been given to Til
den. But they are not likely to be conceded
to him by the republicans in Congress un-
less they should despair of getting Louisi-
ana counted for Hayes. If the republicans
are compelled to give up one of these two
States it is of no practical consequence
whether they do or do not hold on to the
other. The votes of either will give Tilden
a clear majority and elect him. Florida
will be held in abeyance until Louisiana is
decided, and if the republicans should be
forced to relinquish their claim to Louisiana
they will make no fight on Florida. But if
they can convince all the members of their
party that Louisiana ought to be counted
for Hayes it may be regarded as certain that
they will not give up the other State.
Louisiana is, therefore, the grand strategic
point-the key of the situation.
We shall have no basis for predicting the
final judgment Of the Senate respecting the
result in Louisiana until the committees
primd Jfdcie case against the republicans, and
it remains to be seen how successful they
will be in parrying it. The strong points
on the democratic side are the undisputed
fact that the Tilden electors had q majority
of eight thousand on the face of the returns,
and the undisputed fact that the Returning
Board which threw out votes enough to re-
duce him to a minority of three thousand
five hundred consisted wholly of rcpubli-
cans and made their final decisions in secret.
These circumstances, taken in connection
with the scandalous conduct of the same
Board in former elections, create strong pre-
sumption against its honesty. On the other
hand, the points chiefly relied on by the re-
publicans are that the laws of Louisiana
make the result declared by the Returning
Board final (; that the Supreme Court of the