The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-12
THE FLORID4 snap JUDGMENT.
WARRINGTON. Feb. 11.-After the declsiol

WASHINGTON, Feb. 1l-Aiter the decision
in the Florida case, by which bare majority Of
one in the Electoral Commission excluded all
testimony affecting the merits OF the contro-
versy. it is not surprising that the vote Of that
State should be given to Hayes. against the votes
of the people actually. fairly peaceaby and
legally cast for Tildcn. as ascertained by judi
cial inquiry.
How the commission reached tho conclusion
that nothing but the certificates and accompany
ing papers which were sent to the President Of
the Senate. should be considered in trying this
case rs in n court OF equity. has yet to be cX-
planned. The proceedings given to the public
are confined to the mere motions and votes. and
throw no light whatever upon this most i'm
portant point
The Electoral act never could have passed, or
have been accepted by the House Of Repre-
scntatives, but for the perfect understanding
that the testimony taken by the committees Of
Congress was to be weighed at its full value.
The words of the law leave no doubt on this
subject with candid minds. II makes II the duty
of the commission to consider" all the GER
tincatcs votes and papers objected TO. and all
papers accompanying. together with the objec-
tons" Tho commission is also empowered
to take Into view such petitions. dispositions.
and other papers. II any. as shall by tho Con-
pertinent to such consideration"
The commission is the instrument OF the two
Houses. exercising a special authority to act in
their stead. Before this tribunal was created
they sent committees to the disputed States TO
investigate all the facts connected with the Presi
Dental election, In order to enlighten their final
judgment when the votes came to be counted
The testimony taken by the House committee
was submitted to the commission. with the OBJ
lection filed to counting the Hayes electors in
Florida: but 1t was shut out on the technical
ground that 1t did not accompany the certin-
Gates, anl thus did not come through the Presi-
dent Of the Senatel
So. too the record Of the judgment In the quo
warranto proceeding againstthe Hayes electors.
declaring they were not appointed was barred
from admission on the same plea. 1t cannot be
denied that they are competent and pertinent"
as the act requires but according to the decision
OF eight members OF this commission. these pa
pcrs should have been submitted by the Presi-
dent Of tho Senate with the different certificates.
to be considered at all.
This fne-spun theory and wire-drawn tech-
nicality. by which the four votes Of Florida have
been captured and transferred with "a tainted
title 10 Hayes. will not satisfy the country. 1t
stands in the nature Of II snap judgment. and
follows precisely in the paths OF Wells and his
confcderates. who sought to extenuate their ras-
cality by claiming to have observed the strict
letter OF the law. while they aagrantly violated
its provisions.
The commission have In no sense examined
into the merits OF the Florida case. or deter
mined which Of the two candidates had the
honest majority Of votes. They absolutely re-
fused 10 investigate that question in any form,
and have simply determined to recognize the
certificate OF a Governor. who himself was
counted in by the fraud which returned the
Hayes electors. and then was elected by the de-
cree Of a court which this commission has de-
clincd to recognizel
Something better than artful contryancee
nnl refined sharp practice was expected from a
tribunal composed. with two exceptions. IF the
best elements OF the Senate and House Of Rep
resentatives. and Of Ave Judges of the Supreme
Court. The confidence of the country has been
abused by an exhibition Of partisan bins, which
deprves the first finding Of all moral influence
An adverse verdict in Florida. after any fair in
quiry into the rights II the contending parties
would have been respected even by those who ar,
assured OF Mr.. Tid"ns majority in the State.
4 judgment for Mr.. Hayes rendered upon
| contemplate bubble carries no force whatever
/ invites distrust OF the motives which actuatct
| the majority. and almost Justfles the worst sus
picion Of those who originally opposed this plar
rs being unfair 10 Mr. Tiden. who had major
ty in the Electoral Colleges and majority OF thu
popular vote to stake against the pretensions o
of three Returning Boards. j. L. II.