The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-15
ANSWERING MR.. STOUGHT0N.
JUDGE JERRY BLACKS REPLY TO
sTOUGHTON's ARTICLE ON THE
ELECTORAL COMMISSION.
The True standing Of the Louisiana Re
turning BOard-What the supreme
Court of Louisiana has held
Concerning 1t.
IN. Y. World.J

StOughtOnS 8 Defense ~ OF the Great FRAUD,
and the first paragraph is an excellent index
ing:
II 7 do not reglyto your article in the last
number Of the North American Reuiem you will
remain under the delusion that your argument
is irresistible, will try to correct that mistake
Great Fraud Koq decidedly are not the person
to make it. Doing this mainly for your own
ediflcation, address you directly. [ separate
your personal invective from your discussion
OF the case though they are So mixed as to make
objections to my view Of the subject as II they
had been expressed in becoming and decent
language
Judge Black continues. think that their oppo-
nent ought to submit in silence to the decision
of the Electoral Commission. "We haze sub
mitted.' he says, and disavows any view of
getting that decision reversed or modified.
However inquitous you may know it to be
curity. ami we the people will on our part per
form the vows which we have vowed before the
Lord however much it may be Ito our own
confess taetly that tbs wrong is right and the
evil good-that is out Of the question.
Judge Black says he will give some reasons
for discussing the subject plainly, "and take
the chances of making you comprehend
them" In the first place, it concerns the
regulations of the great men of the day, al
though syou and T. are too obscure to be
noticed by history. There was a fraud on
one side or the other. II Kellogg and the
ana and the Democratic politicians fab
ricated false return for Tilden, which to
the last they tried to pass as true
one, they were combination OF most re-
demptionless rogues, and have since added
calumny to their crimes. If, on the other
hand, the Tilden electors were chosen, and
the Republican leaders falsified the records
and cheated the people Of the State and of the
Union out of their legally elected President
"then it is only anticipating history to say
that all who aided, abetted and encouraged
that offense ought to be 'classed among the
worst malefactors of the age" Is it not
worth while to fully examine such question
while the facts are yet fresh in the memory
adds, .'you defeated the legally expressed
will of the people and the States by means
of false tokens and divers covnous prac-
tices and you undoubtedly will
repeat the fraud unless you are in some way
deferred" That intolerable outrage is to be
best prevented by free criticism and exposure
of what has been done. The Electoral Com
mission need not be tenderly treated as q
judicial tribunal, because it was not one and
did not behave like one.
1t was political body organized for special
occasion. to determine @ particular question
according to the best of its preiudices;' aud it
performed the function assigned to it by. disre-
eyes to the facts. The less confidence we have
In such tribunals the better; indeed. q reason
able regard for the safety of our most important
at all.
After expressing his adherence Of special
tribunals of all countries as having upheld
fraud, sanctified persecution and oppressed
the word conspiracy for Mr.. Stoughton's
euphemistic taking a political advantage"
and suggested Ancient Pistols Convey" as
kindred euphemism. "The impoliteness Of
making the accusation" he admits, "has
been uniformly heightened by the rough bold
said anything to disturb the serenity
of the knaves who, did us the
terrible injustice. But silence, Judge Black
pudently swindled Of their own chosen way
out Of maladministration and Industrial dis
| tress. Ii they spoke too passionately, Mr..
Stoughton ought to remember with Burke
that "something must be pardoned to the
spirit of liberty" Still, admitting that this
| their truth, and is otherwise 'slike some Of
yours, mere vituperation, disgraceful only to
| those who utter it, 7" Judge Black accepts the
onas probandi and addresses himself to his
proofs.
| 1t is proved, he says, IL human testimony
can prove anything, that Louisiana appoint
ed Tildren and Hendricks electors; that the
returns were falsified by people in and out of
| lIlt II Is d
end by concerted action. "How can You get
| your friends outside of this definition?' Per-
| haps Mr.. Stoughton does not see the analogy
| between the Louisiana case and the false re-
turns Of the st. Louis whisky ring, but it is
| That one conspiracy was to steal money and
the other the peoples right Of self-govern-
ment. The latter is the worse-"a crime Of
the greatest magnitude, and one which re-
ato RI
out blushing." The whole proceeding was
subornation Of perjury. 30 you 70 pt expect the
cheated people Of the nation to say, like the
eight commissioners, that this is as good a
| way as any to elect a President?'
Judge Black charges Mr.. Stoughton with
inaccurately representing him to have said
that the conspiracy was in the formation Of
the commission, 'and Judge Bradley, taking
your word for it, has made himself interest
ing by a public complaint of the injury to
himself" This charge Judge Black denies,
describing it as zone of your characteristic
inaccuracies like that which charges Dante
with the indecencies of the DecamerOn." The
conspiracy was in the fabrication and return
OF these bogus votes" The commission re-
fused to verify the vote.
Whether this was mere error, or something
worse. is not for me Or you to determine, but
the general Judgment will no doubt adopt the
that the faculties of the majority were too much
benumbed by party passion to see the facts or
| understand the law.
The political advantage" which Mr..
stoughton says his party got by the certifi-
| cate of the Returning Board, Judge Black
likens to the advantage" a debtor has when
he can produce in court forged receipt.
| That is decisive advantage" Ii the court is
willing to accept the false paper, but it
scarcely determines the right Of the case,
legally or morally.
| Judge Black next addressed himself to Mr..
Stoughton's technical argument, 'almost
your only attempt at reasoning" and in
which 'your conclusions would be fair if
your premises were sound" He dissents
from the premises that the people have no
right to elect their own Chief Magistrate,
and that the trainers of the constitution were
careful to exclude them from the right, as a
total miseoneeption. Of course, if the people
of Louisiana, as Mr. Stoughton affirms, have
not the power. to appoint Presidential elec-
tors, the election at which Tilden was elected
was an abortion. To falsify or forge its void
and invalid records was no harm or crime.