The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-02-15
The Judicial Judgment.

sit now turns out that Justice Davis most
emphatically and unhesitatingly announces
that the decision OF the majority OF the Flee
toral Commission in the Florida case was
right and Just. and that he would have been
with the majority had he been member OF
the Commission. As the Democratic ship
sinks the intelligent passengers climb out
Corresponding with this judgment from
Associate Judge Davis, and Democratic Sem
ator elect from Illinois, we find in the New
York Times, of the 10Th 4 statement to the
effect that all the Judges OF the Supreme
Court OF New York, now sitting in Albany
seven in number. five OF whom are Demo-
Gratis, elected by the people of that State rs such
hold that neither Congress nor the Com
mission can have any legal or constitutional
right to go behind the electoral vote OF q
State properly authenticated and forwarded
to the President OF the Senate. In express
ing their individual opinions, the same Judges
all sanction the decision Of the majority OF
the Commission in the Florida case. and take
substantially the same grounds maintained
by the Republican counsel who argued the
was prominently brought forward for the
Democratic Presidential nomination in 1876,
speaking of the power OF Congress. or of
the Commission created by it. to go behind
the properly authenticated electoral vote of
State, he WAS positive and emphatic in his
opinion that it has no such power.
In abiding TO the case Of Louisiana, he
took this position: The Constitution gives
to every State exclusive control over the
manner Of electing or appointing Prcsiden
tial Electors. IfLocisiana has seen fit to
create Returning Board invested with at
thority to declare who is elected to Office in
that State, and such Returning Board has
acted in pursuance Of law, there is no pow
err in Congress Or any other body outside OF
Louisiana to 60 behind its action. ut makes
no difference whether in your opinion or
mine" said he, 'Etlie board has done right or
wrong, Congress cannot so behind it with
out annulling right expressly guaranteed
to the State by the Constitution. and practi-
cally putting an end to all elections" In il
Illustrating this to his Democratic listeners,
the Chief Justice said: ''Suppose that in the
Presidential election of 1865 Gov. Seymour
had got enough electoral votes, in addition to
those OF his own State, to make him Presi
dent. The Republican party OF this State
charged the grossest frauds against the Dem
ocrats in that election; they even claimed,
and still claim, that the frauds Were Of SUI
tieient magnitude to turn the scale in favor Of
the Democrats in this State. Their party
controlled both houses OF Congress. and
with New York for Seymour he would be
elected; without Gen. Grant would be. Now
suppose under those circumstances the Re-
publicans had prevailed upon Congress to go
behind the Electoral vote, as certified and
transmitted from this State, and to investi-
gate the alleged frauds in the election here.
Suppose that in this Investigation they be-
came convinced that Grant actually carried
| the State by a majority OF legal votes, and,
acting on this conviction, had given the Elec-
| toral vote to Grant instead OF Seymour,
what would the Democratic party have
done? Why it would have been an end Of
Presidential elections in the State of New
York.
The Chief Justice expressed great surprise
| that the Democrats, for the sake OF gaining a
temporary advantage, should be willing to
| renounce the old time Democratic doctrine
of the rights OF the States as guaranteed by
| the Constitution. 1--WE had hetter," said he,
ststick to the Constitution and the laws. If,
| in so doing, we 90 down as a nation, there
may lie some possibility of resurrection; but
if we 60 down, violating all, Constitution and
laws. there can never be 4 resurrection
| The discussion turning upon the Oregon
case, Judge Church gave his views sllbstan-
TALLY as follows: He said that as he under
stood the case, the Governor OF Oregon had
given certificates to two Republican Electors
and one Democratic Elector. With reference
| to the Democratic Elector, Cronin, he had
no right, according to the decisions OF the
| courts OF this State to certificate at all, be-
cause OF his having received the next highest
number Of votes. But waving that, and
granting the Governor right TO give him a
|
the functions and duties OF the Governor of
| Oregon ended 1t now remains for the Com
mission to inquire what those three persons
| having the certificates actually did. 1t APP
pears that the two Republicans met to cast
their Electoral votes, and, Cronin being abb
sent, they proceeded to fill i: vacancy. Gro
mir, on the other hand, met by himself, and,
the Republicans being absent, he proceeded
to fill two vacancies. Now" said the
| Chief Justice, ''thcre cannot be any qles-
ton as to which of these two electoral Col
leges will have Its votes recognized, Or which
ought to be recognized. Had Cronl re-
manned with his two Republican colleagues.
and insisted upon caeting his vote for Til
den, the case might have been more compli-
Gated; but he didn't remain and there is
where he slipped
| 1t may be stated in tnis connection that
ex-Gov. Seymour has expressed the opinion
! that the Democrats in Congress ''made a
great mistake" in urging the Electoral Com
mission. His reasons for this opinion are
not, like Judge Church's, based on consti-
tutional grounds, but are rather those OF a
politician. He says that the Democratic Par:
| ty, by consuming to the Commission and
advocating it, have closed their mouths in
case the decision goes against them, and
will have no g grievance with which To go
the country four years hence.
-
Were the questions decided by the Elec-
| toral Commission in the Florida case, sub
mittcd to the educated and intelligent por-
ton of the democratic party Of Virginia, in
dependent of party advantage. and isolated
from political dickering. there would not be
one who would not declare that the conclu-
sion announced was eminently proper and
just. 1t simply asserts that State is State
that there are State rights which are in
dependent Of national jurisdiction, or super
vision; that when the highest political au
thority of Commonwealth formally an
nounces under the laws prescribed by the
Legislative department of the State, that
certain electors lave been chosen to vote for
| President and Vice President of the United
States, there is no power vested in Congress
ar M, t,ihupo1 o,oataI ny Courrn.c RI