New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-19
ItIIE nEDISIDN

THE DECISION.
Tho legal questions at issue have now been
dec;ded NV the Tribunal to which both parties
agreed TO submit them. Absolutely the only
oxcuse for the creation OF that Tribunal was
fine fact that directly conflicting views of the
law were held by able and distinguished men
of the onnosing parties. When the bill was
rondinc il was urged by TIE TRIBUNE and
some other journals that t would he Wholly
imposslblc for such a tribunal to investigate
the disputed questions of fact, ana no intclil-
gent man is surprised that the Tribunal mas
refused to attempt such a task. But 1t was
said "'The right TO investigate is stoutly
claimed, and as stoutly disputed. 1t Is ne
" cessary for the peace of the country that
" decision OH that point should be obtained
" from some impartial tribunal" The Demo-
Gratis. with singular unanimity, insisted that
no other tribunal could be devised, the dcci-
sion of which would be as highly rcspectcu
for its judicial authority, as that OF the COM
mission contemplated, composed OF a maDorl'y
of the Judges of the Supreme Court WIN
eminent juriSts of the Senate ana OF Ihe
Uouse. Accordingly the bill passed. Inc
Tribunal was formed, and We have ITS decl-
sion. and at every material point 1t sustlilS
the view which, we urged, should have gov
erncd the President of the Senate In counting
the votes The only thing gained Is that,
instead of a decision upon disputed points OF
law by the acting Vice-President. we have
one by a majority of a Commission composed
of eminent juiists.
In brief. the Commission decides that, In
counting the electoral votes, neither house OF
Congress. nor the two houses together nor the
Vice- President can ask other evidence OF the
appointment of electors by State than that
given by a certificate of the Governor Dased
upon the finding of legally authorized State
canvasscrs; that Mr.. Kellogg was the Cover
nor of Louisiana and Mr. Steans OF florida,
and the Returning Boards i'll those States were
duly authorized to canvass the votes; that the
failure of four members in Louisiana to APP
point fifth does not invaldatc The action OF
the four; that IT is immater'ial whether an
elector was qualified at the time OF the cleo
ton. provided he became qualified before en-
tering upon his duties as elector; and that
State laws cannot add to the disqualifcations
prescribed by the Constitution OF the United
States. In brief, these positions cover the
whole case f.; and now we ask, Was there a
single intelligent Democrat in the United
States who denied these positions SIX months
ago?
| If is well known that the whole Democratic
party. at several successive Presidential cleo
tons. has denied the right of Congress to look
behind the certificate of State, even though
that State had been III rebellion That Stearns
was the rightful Governor of Florida has never
| I E,iln ba In w
| full Governor of Louisiana has been admitted
| by both parties since the adoption OF the
| Wheeler Compromise. That both Returning
Boards were duly qualified and authorized,
| the Democrats admitted by submitting their
| claims to those boards, with the aid OF the
most eminent counsel. Finally, the very posi-
| ton with regard to the ineligibility OF cleo
| tors which the Republicans have maintained
! and which the Commission now takes, the
Democrats themselves adopted and acted upon
! in several States, and has been acted upon 10y
| both parties, again and again, for many years
In short, the legal claims act up by the Dem
Ocrats in this contest have been at every point
and III every particular disOwncd and denied
! by Democrats hitherto, and rejected us basis
| of action. 1t il nothing more than the naked
| truth to say that four months ago the entire
Democratic parry would have accepted as in
disputable the identical positions which the
! Commission has now taken. In view of these
facts. it is not a decent thing for Democrats
to dcnounce the Tribunal for its course.
| Neither is it credtablc to the Democratic mem
bcrs of the Commission that not one of them
was found Independent enough to vote for the
very same legal principles which four months
ago he would have accepted without hesitation