The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-30
Our New York Letter.
The Electoral Commission.-The Deeis-
ion 10 be Expected.-The Two Cases
The Illinois Senaforship.

i Dut p6Upi6 nave UtCUul5 so accustomed
to look upon the Supreme Court as a stately
mausoleum where every case that is sent lies
entombed for ages, that five weeks seem little
| enough to allow the Judges to put on their
| gowns and adjust their spectacles.
| 1t may be, however, that the dongs Of this
new conclaye will prove as exceptional in point
of rapidity as its existence is in point of prece-
dent. IL depends mainly on the scope of the
| Inquiry whether they can get through by the
4th of March. If they undertake to summon
| and iuterrOgate witnesses from Louisiana thew
will have years work in hand as courts work.
| But it they contine themselves to prononpeino
| upon the legality of the returns as they stand,
they ought to finish every thing up in a fort
| night.
The scheme is certainly an ingenious one.
There is some talk about its being uncoustitu-
| tionsl, bat that old saw has ceased to command
attention. Iu the ancient days of Democracy
and slavery every thing that was good was
held to conflict with the Constitution This
objection was interposed 10 frustrate all efforts
to promote objects of justice aud humanity.
But under the new dispensation the Constitu-
ton is not put exclusively to the bad use of
hindering the progress of civilization
There are some very good reasons why this
measure should receive popular appreciation.
One of them is that so many Republican Sena-
tors are committed against the doctrine that
| the Vice President is the sole judge of the re-
turns, that it would be extremely awkward for
them to take the opposite tack They would
| inevitably rest under the imputation of chang
| ing their opinions to accomplish q partisan end
| and that is pot a pleasant attitude for men to
be placed in who are acting under the solemni-
ties of their Oaths of office.
Another is the reason so tersely stated by the
President in his despatch to Gen. Sherman last
November, to the effect that neither party can
afford to take the Presidency with the least
doubt as to the validity of the title. Whether
| rightly or wrongly there are great many peo-
pie who entertain distrust of the fairness of the
| course of the Louisiana Returning Board. 1
am not one of them. 1 believe without the
| slightest reservation that Louisiana could not
have been wrested from the Republicans if all
her citizens had been permitted to exercise
| their rights. I believe that Hayes has been
duly elected, and that the Electoral Commits
sion will so determine, if it arrives at any con-
clusion at all. The thing am most appre-
hensive of is delay. If the newly constituted
tribunal gets by the 4th of March without at
tanning result, the Office of President will
become vacant, and we shall have to have an
other election. That is consequence fraught
with grave peril to the welfare of the country.
The business interests would suffer exceedingly
and they ale in . bad enough shape already.
They cannot very we'll bear any further strain.
alaotion ha
repetition in an aggravated form of the outrage
and violence which characterized the last one,
| in the Gulf States.
But supposing the Commission to agree upon
q verdict, do not see how it can be any other
than that Hayes must havs the seat. The
naked question to be submitted to them is, did
the Louisiana Returning Board exceed the
authority reposed in them by the statute Great
ing them and defining their powers2 II they
| did net, why then the Republican electors of
Louisiana are just as much entitled to have
| their votes counted for Hayes as those of Ala
bama are to go into the Tilden scale--a good
| deal more so in fact. for Alabama was demo-
oratized without any respect to the forms of law
| or the sacredness of life.
| 1t is not likely they will pay much attention
| to any other state except Louisiana. South
Carolina is out of the controversy. Florida is
feebly claimed, bat with so little ground that
it would be waste of time to hunt for Tilden
| votes in that quarter The pivotal question is
| nearly narrowed down to this, "were the acts
of the Returning Board lawful?' 1t is not
| whether they acted right, out bad they the
| right so to act. The affirmative of this propo-
| stion elects Hayes, aud it is difficult to con-
ceive of any different result.
| / am well aware that the new plan meets
| with greater favor among Democrats than
| among Republicans. This circumstance does
at first blush appear somewhat suspicious.
But when one comes to consider that the Dem
ocrats had no chance whatever of securing the
| Presidency without some contrivance of this
kind their qualification at the creation of the
| Commission is easily accounted for. 1t must
| be remembered that the Democrats have never
| expected that Tildeu would be the President
| but merely a President elected by the House of
| Representatives. Now that is kind of dignity
| that is embarrassing to have and troublesome
.. to hold on to. However they have clustered
| and threatened at such a rate that it is as
| iAglorious to back down as it is dangerous to
| persist. The congressional bill helps them out
| nicely. They are saved from making them
| selves ridiculous, and are rather disposed TO
take credit for being so forbearing as to acqui-
esce in a compromise. As a matter of course
they will pretend to the very last moment that
they are perfectly sure Tilden will be declared
elected. That is their little game. The Re-
pubicans on the other hand are rather prone
to weakness of knee. They do not manifest as
much confidence in the justice of their course
IS they ought to. They apparently forget that
every doubt they feel about the confirm att n Of
| the election of their candidate implies distrust
of his right to the Office. Aud certainly if that
right is in any degree questionable it would be
better to relinquish it. The Republican party
has grand record and noble faUe. II is the
most excellent political organization that has
ever been known among men. 1t is identified
with the most illustrious epoch in the history
of the Republic and has borne conspicuous
place in promoting the great reforms that have
purified and sanctifed the nation. 1t would
be lamentable in the extreme to have any
shadow of dishonor cast upon it; to have il
hold the scepter by any but a legal and
equitable tenure. The most crushing defea,
would be infinitely preferable to the retention
OF power by the slightest resort to discreditable
devices.
The Democrats are in no such position 1t
wouldn't disturb them in the least to labor un.
der suspicion Of fraud. They have no record
that they care to preserve, no traditions Of
which they have the remotest cause to b,
proud. Republicans are continually asking
'does anybody suppose that if the Democrats
had as sure thing as we have, they would
consent to an arbitration which might place il
in jeopardy" Why! OF course not. They
wouldn't think of it for moment 1t is tbeil
practice to "get what they can and keep wha
they get" But it is a very poor argument in
| support of policy that the Democrats favor
it. To initiate their example would be the
worst mistake possible. Conceding that there
was nothing in the way of the Vice President
counting the votes and declaring Hayes elected
OF his subsequent Inauguration and occupation
of the Presidential chair, and of Democratic
acquiescence whether sulen or cheerful in the
| result am inclined to think it is better to iu-