The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-03-10
JERE BLACK ON THE COMMISSION.

I
! In the South Carolina case before the Elec
toral Commission, the Hon. jeremiah Black
was put forward 70 argue the case for the
Democrats The point made against count
ing the state for Hayes was, that there was
no legal election, because there had been no
registration of votes, as the laws of the state
required, and also that there was 70 free cleo
ton, Grant having, in violation of law, posted
squad of military at nearly every poll. Mr.
Black, however, said it was useless to argue
the case as 1t had been prejudged, but he de,
livered to the Commission a philippe which
will at least help to immortallze its Infamous
remembrance. We quote a few closing para
graphs:
In the Louisiana case the people appointed
electors in favor of l'ilden, recorded their
act, finished it, and left their work in such a
state that nobody could misunderstood it,
But other persons, who had no power to APP
| point, falsifed the record OF the actual ap
! pointment, partly by PLAIN forgery and partly
! by fraud which was as corrupt IN morals and
as void in law as any forgery could be. You
thought it right and legal and Just TO say that
you would not look at the record which the
people had made; the forgery, the fraud, and
! the corruption were too sacred 10 be interfer
ed with; the truth must not be allowed to
come in conflict with the imposure, lest the
conclusion might be damaging.
! This precedent must be followed. II is new
! law, TO be sure, but we must give II due wei.
come; and the new lords that It brings into
power must be regarded as our very noble
and approved good masters" Having deCld-
ed that electors were duly appointed in Louis
lana who were known not to be appointed,
we cannot expect you TO take notice OF any
tact similar or kindred to it in South Caro-
I lima.
! Then, again, the question of"duly appoint
ed" was decided III the case Of Levisee, an
elector who was al officer Of the United States
Government at the time he was appointed,
and continued to be atterward The Federal
j Constitution says that no man shall be APP
pointed who is in that relation to the Federal
Government. But you held, according to law
mind you, that he was lawful elector and
I his vote good vote. In other words, thing
is perfectly constitutional although it is
known to be in the very teeth Of u consltu.
! tional nterdict.
i Now you see why We are hopeless. The
present state of the law is sadly against US.
The friends of honest elections and honest
government are in deep despair. We once
thought that the verifying power Of the two
houses of congress ought to be brought always
into requisition for the purpose of seeing
whether the thing that is brought here Is "A
! forgery and fraud on the oae hand, or wheth-
er II Is q genuine and true certificate on the
other.
4 But while we cannot ask you to go back
behind this certificate, will You just please to
60 TO it-Only to it-not step behind. Ify you
do you will find that it is no certificate at all
such as is required by law. The electors
must vote by ballot. and they are required To
! be on oath before they vote. That certificate
does not show that either of those require
mens was met; and where q party Is eXer.
cising special authority like this they must
keep strictly within 1t, and you are not to
presume anything except what appears on
4 the face Of their act 10 be done.
! Ii anybody will cast back his mind little
into the history of presidential electors or
I luuk at the debates of less than year ago, he
will remember that Mr.. jefferson was charged
when he was Nice-Presldent of the United
States with having elected himself by means
| of, not a fraudulent but merely informal
vote sent up from Georgia. The informally
was not in the certificate inside OF the envel-
ope, but IN the outside veritication. Mr.. Mat
thew l.. DAVIS, in 1887, got up that story. 1t
was not true, but it was believed for while,
and it cast great odlum on Mr. Jetferson's
memory. 1t was not an Iniormality that was
nearly as important as this nothing like it,
! But one of the Senators now on this bench
referred TO it in debate onl J short time ago
aud denounced Mr.. Jefferson as having elect
| ed himself by fraud because he did not call
! the attention of the Senate and House of Rep.
reSentatiyes to that fact.
| IL NJ. Jeilerson's memory ought to be sent
\ down 10 poSterlty covered win lniamy be-
cause he IN his own case allowed vote 10 be
counted which was slightly informal on the
outside of the envelope, | should DC glad to
know what ought To he done To those who
would count this vote which has neither form
nor substance, which leaves cut all the essen
tial particulars that they are required 10 GER
fifty?
This great nation still struggles for justice;
million majority of white people send up
their cry, and majority of more than quar-
| ter of million of all cOlors demand il. But
we cannot com plain; | want you TO under.
stand tha, we do rot complain. Usually III
| is said that the fowler setteth not forth his |
net in sight Of the bird, but this fowler set !
the net in sight of the birds that went into ii. |
I IL is largely our own fault that we were
caught.
| We are promised-and hope the promise |
will be kept-that we shall have good GOV. |
eminent. fraudulent though it be; that the
rights of the States shall he respected ard 10.
dividual liberty be protected. We are prom
| iSed the same reformation which the Turkish
Government is now proposing TO Its people. !