The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-09-13
'The Electoral Conspiracy
Bubble Exploded"
The Action Of Congressin the Organiza'
ton Of the Commission.
Review of the Gases of Louisiana and
Florida.


nloded" in the September number Of thu
Worth american ReUie1g, begins with an ar
alignment of Judge Blacks political career
After quoting the sentences in which lies The
list Of Judge Blacks accusation, Mr.. Slough
On says:
"Consider now the position of the country
reference to this question. The Senate was
republican by considerable majority the
louise Democratic by a large majority. The
resident of the Senate was an earnest Repub-
lean, entertaining the opinion that he had the
over to count and declare the vote, as was
one in the case of Gen. Washington and OF
everal succeeding Presidents. A large ma
ority of the Democrats believed that, if per-
lifted to perform that duty, he would decide
Lessrs. Hayes and Wheeler elected. They re-
)lved to prevent this. Eminent Republican
LENDERS of the Senate and House of Repre-
ntatiyes, who concurred in the opinion that
le power to count the electoral vote
as vested in the two houses, were
iIling to aid in deyising some scheme by
HIGH a President and Vice President could be
cleared elected for it was not hoped much
IS expected that both houses would concur
counting or rejecting the vote Of either of
g contested States-the rejection of even one
id Hendricks, while to count all as returned
)uld as certainly elect their opponents. It
AS q critical period in the history of the
.r11,t,, Cd
er, in favor of the Republicans. A majority
the electors regularly returned in pursuance
the laws of the several States were Repub-
IAN. The vast majority Of that party firmly
}lieved it to be the duty of the President Of
le Senate to count and declare the electoral
)tes as returned. They, therefore, naturally
opposed any other method as unconstitutional,
nd as involving q possible, if not probable,
Trender of the advantages gained in a can
ass Of almost unprecedented severity. The
go parties were thus at deadlock. Neither
ould yield to the other, and many good
ltizens many leading statesmen and pol
icians of both parties, foresaH, as they
bought in the crisis impending, great danger
D the peace and security of the nation,
provision were not speedily made for count
lg the contested electoral vote. To attain
his, some of the ablest intellects on both sides
Il the Senate and House were employed, and at
9ngth the scheme which finally ripened into
he Electoral bill was devised. 1t encountered
he decided opposition of some of the most EN-
nent Republican members of the two houses.
The chosen confidential friends, the appointed
len3hmen, of the Democratic candidates for
President and Vice President were earnestly
Engaged in framing and amending the bill
until it attained the form in which, by Dem
0cratic vote almost unanimous, it finally passed
but one Democratic Senator opposing it, while
in the House it received III it's favor 191 votes
to Sc against it. It is, indeed, undeniable that
the Electoral Commission was in large degree
the creation and offspring of the Democratic
party, its leading members uniting for that pur-
pose with patriotic Republicans willing to sur
render political advantage to secure the peace
and tranquility of the country, seriously inn
periled, as theg believed, by threats of Demo-
cratic leaders. who asserted that if the Repub-
lican candidates should be declared elected by
the President of the Senate, the House of Rep
Eesentatives would proceed to elect and forcibly
install Iilden as President. x
"And here we ask, What is the Electoral
Conspiracy which Mr.. Black faunts at the
head of his article? Did it consist in the con-
ception and organization of the Electoral Com
mission? If it did, who were the conspirators :?
If he shall venture to say it consisted of some
thing else, will he tell us of what? He intend
ed, We regret to say, to convey to his readers
the false impression that the formation of the
commission was the result of Republican con-
gpiraCy to fraudulently elect President and
Vice President of the United States-carefully
the fact that it was not only the re-
suit Of a compromise, but of one urged upon
Republicans as the only means of ayerting dam
gers to the country threatened by their polit-
ical opponents. These, and not Republicans,
were the conspirators, if conspiracy there was.
The lamentations, complaints and denuncia-
lions OF Judge Black are not, under the circum-
stances, to be commended. Men, after being
Worsted III fair encounter, especially if they
have had the choice of weapons, rarely whine OF
call names.
"The power of the State to appoint electors
being vested exclusively in the Legislatures, and
not in the people of the several States, and the
only constitutional power of Congress over the
subject being to fix the day of their appoint
ment and of giving their votes, it follows that,
no matter by what mode or subject to what
conditions the State Legislature shall direct
their appointment its determination is abso-
lutely final. Thus, if the Legislature of Massa.
chusetts shOuld-as has been done, we believe
in South Carolina-choose electors by the votes
of its own members, or authorize the Justices
of its Supreme Court to elect them, or should
direct that q body consisting of three or more
Canvassing officers should examine the votes
cast for electors and certify which were Lawful
and who were elected, such certificate or tina
of the Supreme Court, or of the proper certifying
officer of the Legislature, in the cases supposed
would be decisive evidence of the appointment
of electors in the manner directed by the Legis
lature, and would be final and conclusive upol
Congress or any other tribunal empowered t.
count and declare the electoral vote. No
would the effect of this be changed if by tn
law Of State the canvassing officers wer
authorized, in counting the votes, to reject sucl
as in their Judgment had been fraudulent
cast, or those cast in town or district where
by reason of fraud, violence, intimidation, 0
murder, fair election had not been held. TIL
power of Legislature to confer such author
ity cannot be doubted, and the choice Of elect
Ors, uninfuenced by fraud, violence, intimida
ton, or murder, seems an appropriate and jus
method OF securing their appointment. v x
''Take, by way Of illustration, the case Q
Louisiana It's Legislature had directed tha
five persons should be the returning officer
for all elections in the State, majority G
whom shall constitute quorum and have tina
power They were to meet in New Orleans
receive from the Commissioners Of Electio
the statements by them made of the votes Cas-
at the various polls throughout the State, Cal
vass and compile the same in dupicate-on
copy of which they were to file with the Secrt
tary OF State, and of the other to make publ