The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-09-13


and for what purpose was it instituted? The
Hayes electors had been declare duly APP
pointed by the only State authority having that
( power. The day arrived on which, by tbs law
of Congress, they must cast the electoral vote
| of the State, or it would be lost, and the cleo
| ton of Iilden made certain. They had as
sembled for the purpose of performing that
duty, when they were served with a writ of quo
WarrantO, which, in substance, commanded them
to show cause, at future day. before single
Judge, by what warrant or title thew claim the
rightto act as electors This proceeding was insti-
tuted by persons claiming Office as Tilden electors
who averred in substance, that the Hayes cleo
! tors were In possession of the office, claiming
the right to perform it's duties 1t was litiga-
ton which might be continued, by appeal and
otherwise, for years, and was quite sure to last
for several months-long after TIE 4th Of
March. What were the Hayes electors to do !?
Were they to refrain from casting their votes
until the proceedings should end? We're they
to delay this even for day? If they did, they
could not cast the electoral vote of the State at
all, for by the constitution the day Of giving
such votes shall be the same throughout the
United States Was the State to lose its cleo
toral vote because disappointed and mischiev-
GUS politicians saw fit to obtain from the Judges
of their choice writ the purpose OF which was
to defeat the expressed will Of the nation by a
tinued at their pleasure?
"The Hayes electors cast and certified their
vote, as duty demanded, and with that ended
all their functions. The litigation proceeded.
and, true to the work expected of him, the
Judge, few days before the vote of Florida
was counted decided that the Hayes electors
were not duly appointed.
And, finally, we suggested that it would be
extremely dangerous to permit any interference
whAtAVnr bxrE or to4o I,
office or functions of Presidential electors upon
the pretext that they were not duly appointed
"a pretext easily manufactured, and one which,
III the hands of partisan judge might result
III great and permanent mischief We COM
mend these views to Judge Black in the hope
that, IN his calmer moments, a little reflection
may lead him to change of mind concerning
the effect OF quo warranto proceedings, and to
a milder mode of expression toward those who
differ with him on that subject"
Mr.. Stoughton then recurs to an attack upon
Judge Black as a member of Buchanan's Cabi-
net makes defense of Southern Republicans,
and speaks as follows of those Northern Re
publicans who went to Louisiana to inspect the
operations of the State Returning Board:
Judge Black has certainly omitted nothing
of SANDER, nothing of reprobation, nothing of
denunciation, of all those who in any manner
aided in securing the elevation of Mr.. Hayes
to the Presidency, which the most violent and
reckless of his party can desire. He has even
assailed those who, at the request of the Presi-
dent, went to New Orleans. to witness the count
OF the electoral vote by the Returning Board,
after it was known that, at the request of Mr..
Iilden, several distinguished Democrats were
to attend there for that purpose. Of the Re-
publicans who went there Judge Black with
unblushing effrontery declares They might
have caused true count of the vote if they
had wished it; one word of reprobation from
them would have paralyzed the rascality of the
Returning Board. And he adds, they en-
couraged, aided and Allotted by every means in
their power the preparation of the great
fraud and after it was done held it up as o
righteous act Perhaps, after the many ex-
posures already made of the misrepresenta-
tons which jostle and crowd each other from
the beginning to the end of Judge Blacks
article, presumption arises against him such
as the common law invOkes against one who
sWears falsely with knowledge If so, this I'M
founded charge deliberately made against men
who undertook, without compensation, at great
personal sacrifice to perform what they and
others of both parties deemed public service
is already answered They met, in presence of
the Returning Board and at its request emf
nent Democrats who were present upon like
Invitation, and attended daily before it, moth
ing whatever being done by its members ex-
cept in presence of the representatives of both
political parties and of their photographic re-
porters, from the time the board organized
until its labors closed and it's members had re-
tired to deliberate upon the testimony before
them. To have interfered with their duties,
to have protfered them advice for the purpose
of influencing the result of their delibera-
tlons and especially to have reprobated them,
as suggested by Judge Black, would have been
a gross outrage upon them personally, an in
suit to their Office, and most disrespectful to
the State, whose supreme organs they were.
There is no reason to suppose they failed to
exercise wise and just discretion"