The daily gazette., 1877-02-12
THE DANGER OF THE SUPREME
COURT

1t is undeniable that the events of the
past week have jeoparded the public con-
fidence in the Supreme Court, which is a
more serious calamity tlan the putting at
risk of the claims of any possible Presi-
dental candidate. A republican lawyer
writes to us that "a partisan decision by
| such tribunal would be the greatest
crime against free government known to
history" These are strong words, but
| they are not too strong. No one can
| think them so who will consider the
J facts in the case calmly and fully. What
| in the first place is the oath taken by all
the members of this Electoral Commits
sion? 1t runs thus
! "I,-,do solemnly swear Tor affirm az
| the case may be) that 1 will i1npartially
examine and consider all questions sub
mitted to the commission of which i am.
member, and a true judgment give
thereon, agreeably TO the Constitution
and the laws, so help me God" What,
In the next place, is II
THE QUESTION TO BE JUDGED?
The act constituting the commission
prescribed as its duty to examine, con-
slider, and judge "what persons were duly
appointed electors in such State" This
was the object of its creation. What.
now, were its
POWER TO INVESTIGATE
The act says the commission shall pos
sess the same powers, it any, now pos
sessed for that purpose by the two houses
was passed with full knowledge that
each house had appointed committees
which bad taken sworn testimony as to
what persons were duly appointed elec-
ors, had reported the same, and had
put the evidence into the possession of
the houses that, on former occa, lions,
both houses had been accustomed to
m q euoh iuUacfi nofinno nd had
tually been governed by the results of
such Investigations in counting and in
refusing to count votes offered as gen
| uine; that in 1873, both houses concurred
in rejecting the votes of Louisiana, on
the ground thus ascertained that there
had been no valid election; that in many
| instances, in short, this power had been
exercised by the powers of the commits
sion to be the same for the purpose of in
quiry which are possessed by the two
houses, it did so, and could only have
done so in contemplation of these facts
and of the practice of the two houses.
In the next place, what must be viewed
as
PROPER EVIDENCE? ?
The act says the commission may tax
| into view such petitions, depositions and
other papers, if any, as shall by the Con-
stitution and now existing law be compe-
tent and pertinent in such considera-
tion'' These being the conditions under
which 1t went to work.
WHAT HAS THE COMMISSION ACTUALLY
DO DONE
The commission so far has done liter
ally nothing but pretend that it cannot
or show that it will not decide to "exam-
inc, consider and judge" what persons.
if any, have been duly elected, but sim
ply inquire to what persons certificates
Of Governor or of a Returning Board
have been given. Surely there was no
earthly need of commission, and still
less of dragging five Judges from the Su-
preme Court bench to decide that The
commission has also excluded all evil
dence whatever beyond these certificates
including the Judgment of the highest
court of State determining the powers
and duties of the State canvassers the
Judgment and record in a quo aUarranto
determining by court Of competant jur-
isdiction that certain electors were not
and that certain electors were, duly ap-
pointed; tae solemn acts of a State LeFis-
lature and Of all the depart ments, exec
utive, legislative and judicial, which
make up State, all proving what the
commission has not denied and cannot
deny, that the Tilden electors were duly
appointed by the State Of Florida.