The New York herald., 1877-07-07
The Indictment OF the Returning
Board.

The IndictmeMt OF the Returning
| BOARD.
1t would not surprise us if the indictment
and trial of the members of the Louisiana
| Returning Board should redeem the Elec-
toral Commission in the minds of thought
ful citizens Of both parties from the odium
under which it has lain with q large part OF
the people.
The Grand Jury of New Orleans has found
true bills against Wells, Anderson, Kenner
and Casanave-the last two colored men
charging them with having falsifed and
iraudulently manipulated the election re-
turns of number of parishes, and
on these charges they are to be tried.
There seems to be good deal Of
excitement about this incident in New
Orleans, and even here we notice
some democratic papers think it q matter OF
very great importance. If proof is at hand
them, on a fair trial, it will certainly be an
important matter to them and if the evil
dence put in against them shall show that
Governor Nichols and the democratic Legis-
lature were elected that will finally
extinguish Packard, Kellogg and their
grievances, and put them beyond any
further appeals to Northern sentiment. 1t
is not improbable that the constant
assertions Of Packard and his allies
that he was elected, and the deter
mination Of Kellogg to push his claims
to seat in the United States Senate,
have moved the democratic leaders in Lou
isiana to q judicial Investigation, from
which they feel certain that they have moth
ing to fear and United States Senator to
gain. For, Of course, if it rs shown on the
trial of the members OF the Returning Board
that the honestly elected Legislature had
democratic majority, Mr.. Kelloggs preten-
sions to seat in the Senate will be no further
heard from, or, if they are, will find no sup
port among the sane members of the Senate.
To our apprehension this Indictment Of
the Returning Board is important in an en-
tirely different aspect. Sensible men Of
both parties will at once reflect that the
refusal of the Electoral Commission
to hear evidence, which brought upon
them SO much odium at the time
and is still made matter Of reproach,
was, after all, most fortunate, in that it
saved the country from IN interminable
investigation Of the Presidential title and
from calamitous uncertainty which would
probably have lasted during the greater
part of the Presidential term. The COM
mission refused to hear evidence, and
declared the electoral votes of certain
States, among them Louisiana to have been
cast, on the face of the returns, for Hayes
and Wheeler. It had, by universal consent,
the power thus to decide and it's decision,
confirmed by the two houses of Congress in
so remains. Nothing that may hereafter be
dragged out under judicial process or
otherwise, can touch or invalidate the re-
suit and thus the country has Chief Ex-
ecutive, knows certainly who he is, and
that he lawfully possesses all the rights,
powers and responsibilities of the Office,
and there an end.
But suppose the commission had chosen
to act differently suppose it had decided
to open the case Of Louisiana, for instance
had heard such evidence as could then be
obtained and as could be brought forward
in time? 1t might in that case have decided
for Tilden or for Hayes, but in either case
its decision would not have had the quality
of fnality. The case Of Louisiana or any
other case might have been reopened on
the appearance of new evidence it would
at any rate have been liable to such reopen
ing, not merely in Louisiana but in Flori-
da, in South Carolina probably in Ala
bama, Mississippi and other States door
would have been left ajar through which
the politicians, with their eager ingenuity,
could have kept the country in uncertainty
and turmoil for years.
1t was Of the EXTREMIST importance to
every legitimate interest in the country to
commission did. It was necessary to the
peace and welfare of the people that on the
4th of March they should know definitely
who was President Of the United States.
The Electoral Commission made this settle
ment and gave this definite determination
That they refused to open the disputed cases
before them and hear evidence seemed to a
large part of the country, and not merely to
democrats but to many honest and patriotic
republicans at the time, very hard, if not
wrong But we repeat that the indict-
ment of the Louisiana Returning Board
may, and probably will, change the general
opinion on this subject, and lead thought
full and patriotic men of both parties to the
conclusion that this action Of the Electoral
Commission was necessary and justifable
as being the only practical means of deter
mining and concluding the question who
was President and saving the country from
the calamity of q succession liable to con-
tinual dispute.
The proceedings in New Orleans against
the members of the Returning Board can in