The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1877-07-06
Ei0Ht to SeceH.
JUDGE j. 5. BLACK REVIEWS THE ACTION
OF THE ELECTORAL COMMISSION.

The North 4merican Reuteto for July
contains the promised article by Judge Jer-
emiah 5. Black OH the character and acts
Of the Electoral Commission. The article
is entitled The Electoral Conspiracy, and
the title is the keynote to the entire tone
and scope Of the production. To say that
i. is ably and eluquently written is to say
what does not need announcement
Among the prominent points IN the earlier
portions of the article, are the description
of the Carpet Bagger," his descent upon
Louisiana, and tie condition of things he
brought about. The Returning Board is
then analysed, its scope and methods de-
scribed, and President Grant is arraigned
as the head of a conspiracy to prevent the
viii of the people being carried out. Judge
Black then says:
But how was the object of the conspiracy to
be mplished? The house of representatives
was democratic, and without its consent, eX-
pressed or implied in some form or another,
the senate could not give effect to II false count.
The first intention was the claim that the presi-
dent of the senate had power to determine ab-
solutely and arbitrarily what electoral votes
should be counted and what not. This was the
up, and in Al speech of surprising ability, utter
ly demolished and reduced it to invisible atoms.
1t became settled, therefore, that. the Two
houses must count the votes, and this clearly
implied the power to determine what were
votes. Ii could not be denied that the voice OF
the house ?f representatives was at least as po-
tential aS that of the senators; and IL was not
glaring as this to be thrust down the throat
of the country against the stomach OF its
sense But if the two bodies would declare in
consistent results OF the count aud prociaim
the election OF different Presidents, a state OF
things might come which would subject our
institutions to a strain severe enough To en-
danger them greatly. 1t was iTf these difficult
circumstances that a mixed commission of f
teen was appointed. consisting OF five senator's
five representatives, and tve judges Of the SUI
preme court. The mode of appointing them
made it certain that fourteen would be equally
judge would be named by the consent of his
brethren on both sides, he might be expected
to stand between them like uaysman. with a
hand as heavy on one head BS on the other.
The democrats consented to this in the belief
that no seven republicans could be taken from
the court or from congress who would swear
20 decide the truth and then uphold "a known
fraud; if mistdk in that opinion of their ad-
verSaries' honesty, they felt sure, at all events
that The umpire would be q fair minded man.
They were bitterly disappointed; the cOmmlS-
sion went eight to seven for the great fraud
and ali its branches; for fraud in the detail and
in the aggregate; Tor every item of fraud that
was necessary TO make the N total big enough
eight to seven all the time.
1--WE must look at the state OF the case as it
went beiorc the commission. Tiiden and Hen
dricks had lSi electoral votes clear auu free of
whole number. They also had IN Louisiana
eight, aud in Florida four, appointed by Tie
people, but faIseiy certified 10 Hayes and
Wheeler by the governor, but against whom Il
popular majority had been cast tor an Ineligible
candidate. To elect Hayes it was necessary
that each and every one OF these thirteen votes
should be taken from TiIdcn and given to
Hayes. As this required many distinct rulings
based upon contradictory grounds, the path of
the commission was not only steep but crooked
The great and important duty cast upon the
commission by a special law and by Il special
oath oi each Inem6er was to decide, in thu. case
or contested votes from u state, 'whet her any
and what votes from such state are the votes
provided for by the constitution Of the United
States. and how many and what persons were
duly appointed eIect0rs i'm such stuft.' It is
not DENIED That the sole power OF appointing
electors for the states of Louisiana aHa Florida
is in the people. 1t was then aud still Is an ad-
mi f.s,t
power OF appointment in the prescribed and
proper way they did duly make an appoint
ment of electors, and their act uuIy re-
corded, and so made q perpetual memory. This
thing was not done in corner il was seen
ana known OF all men. That each Of TWO
states named had duly.appOinted 1Ildcn eec-
tors al d regular election held for thar purpose
on the 1th of November, i'll pursuance OF law,
was Part of their history as much as the fact
That they were states of the Union. Ali the
members OF the commission knew it well
hassee or New Orleans. 1t necded no proof;
but if specihc evidence had been required, there
was the record, from which the truth gltred
upoI them as clear rs the sun. They shutitheir
eyes upon the record and refused TO see how
many and what persons were duly appointed
electors by the people, but listened eagerly 10
the evidence (aiiunde though it was) which
showed how many and what persons had been
designated by the returning officers. 1t was
ultimately held eight to seven that the APP
pointees OF the returning BOARD were duly up-
pointed, and the appointees OF the people were
unduly appointed. Did the eight suppose that
the legal power to make such an sppojntment
wus vested by law IN the returning board? Did
they think it was not vested in the people?
No, that is impossible. But they may have
conscientiousiy believed that the interest of
their faction would bC well served by HAYES
election. They may have been prompted nv !,
yirtuouS admir- ion of carpet. bag Poverument,
ana were sincerely anxious to save il from
Tilden's reform"
The action of the Commission in the case
ofthe disputed States is then dealt with in
detail, and the article concludes as follows:
After all, there was but one question before
a Il.up ntt4
right to eject their own chief magistrate? !?
They had the right Their ancestors struggled
Tor II long, fought for 1T often. and won ii fair
ly, Being embedded in their constitution, il
cannot be destroyed except Toy Ia force strong
the government itself. Legislative enact
meats or jud cia decisions are powerless either
TO strengthen or impair it. The legerdemain
OF law-craft, the catches of special pleading
the snapparadoes of practice do not help Us TO
decide matter like this. a great nation must
n9t nor pe lnpaied upon pms point. Precedents
which might bind Il court of quarter Sc sSiOus
determining the settlement of II pauper cannot
tie up the hands of the supreme legislature de-
Tending fundamental right of the people.
when Green vile, in 1866, cited the authority
OF GlNers cases 10 show thht Americans might
be taxed without representation, Mr. Pitt
answered - come not here armed at all
points, with the statute book doubled down IN
dog 5 ears, TO defend the cause of liberty. |
can acknowledge no venerdrion for any proce-
cure law, or ordinance, that Is repugnuut to
reason aud the first principles of our constitu-
tion. J. rejoice that America has resisted So
spoke the Ieilant friend OF our race in the pres
ence OF hostile parliament ten years before
the declaration on independence. And now
after this long interval of time. we behold our
greatest rigbt-the right on which all other
rlgh:s sdcpend-succesSfulIy assailed in our own
congress with the same small weunons thaI
GreenNIlle used. II brute force had crushed il
out we might have borne the calamity with
tOrtItude; but to it circumVrnted by
knaVery aud bettiiogged to dea tn. is too much
TO be endured with any show oipatierce.
"lf the majority of that commission could
but have rea lizcd their responsibility to God
aud mum. it they could only have understood
that In Tree country liberty aud law are in
separabIe, they would have been enrolled
among our greatest benefactors. for they
would have added strength and grandeur to
our institutions. But they could not come up
10 tue height OF the great subject. Party pas
sion So benumbed their faculties that funda-
mental right seemed nothing to them when il
came IN conflict with some argument support
ed by artifcial reasoning, and drawn from the
Supposed anaiogies OF technical procedure
Ihe constitution was. in their Judgment out
weighed by void statute and the action of a
corrupt returning board.
Let those things be remembered by our
children 5 children aud if the friends OF free
government shall ever again have such Il con-
test. lei them take care how they cave the de-