Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-09-06
(From the North American Review. }

trfom the North American Review
Political literature, contributed by violent and
disappointed psrtisans, seldom deserves or takes a
high rank IN the esteem OF men. either for stye
or permanent usefulness That contained in tbe
last number OF this Review, entitled The Elec-
toral Conspiracy" furnishes no exception To this
rule. Its author the Hon. j. S. Black, was one of
the counsel for the defeated democratic candidates
ior PRESIDENT and Vice President before the Elec-
toral Commission. Having been long member
OF that party, and especially distinguished, when
Attorney General of the United States for his de-
votion TO the fortunes and the schemes of the
secession leaders of the South, he saw in the de-
feat of their favorite nominees. Messr,. Tilden
and hendricks, only another triumph of Northern
principles and OF Northern Union men, both re-
garded by him with sincere dislike.
In view oil this, was he wiss ''to remind the
reader oil certain points in ouX political history
which have within the last twenty years divided
the two parties and defined their sntsgonismt" ="
Or fortunate in unfolding the bloody leaves
OF that reasonable record which contains
the history of those with whom he and other
leaders of his party sympathized during the re-
oeilon Z Ills republican hatreds and prior re-
eellious proclivities, should have inclined him not
TO question the motives Of q majority of that ri-
bunal, although professional propriety might not
have absolutely prohibited fair and moderate crti-
cism upon its legal opinions. Such criticism be
mas not been content TO make, bat whilst declar.
ing that "a question is raised which demands fair
full and free discussion, that truth may prevail
s ana Justice be done, he has charged eight of its
hfteen members with conspiring to violate their
oaths and duty for the purpose Of apholding the
fraudulent action Of Returning Boards and with
accomplishing this by wilfnI disregard of law
and evidence that the people of this nation might
be defrauded of the President of their choice
Stated in the hideous language he employs, "All
mat once ennobled the nation seemed to be buried
IN this deep grave dug by the Returning Board
and filled by The Electoral Commission"
lhis general mode of libelling majority of its
members mot bnu &C L.
temper of that gentleman. He yearned for more
speclhc methods OF presenting his estimate of
their motive and conduct, and these he found and
employed by means of language distinguished for
Do strength and coarseness and it may be added,
not losing in vgor or brutality for lack Of perver-
sion Or misrepresentation.
Amazement that charges so grave and wicked
against Judges, Senators, and representatives so
able and pure, should have been deliberately writ
ten and published by distinguished member of
American bar, is equalled by astonishment that
they could have been printed and circulated with
out encounterlng the Indignation, if not disgust,
of the respectable representative men and press
of the democratic party. Instead of this, howev-
er, responsive echos have been heard along its
front and from its thronging masses, uutil coup
led with prior and somewhat similar charges made
by its leaders, led to conclude that the po-
| ical war-cry of that party is hereafter and un-
til the next Presidential election, to be that sig
| nailed by the article in question. "The Great
| Fraud Of 1876"
| The terms of the Electoral Bill provided that
each House should appoint five OF its members
Who with five associate Justices of the Supreme
Court of the United States, should constitute a
commission to determine which was the true and
lawful electoral vote of those States from which
more than one paper puIportIng to be return of
electoral votes mad been receved,-esch member
being required solemny to swear, or affirm. that
he would impartiaily examine and consider all
questions submitted to the Commission, and
true Judgment give thereon agreeably to the Con-
sti,uton and the laws. The members of the Su
preme Court OF the United States appointed By
the act were four,-Justces Clifford, Miller
Field, and Strong,-and they, or a majority oil
them were to select another of the associate jus
tices of the court They unanimously selected
Mr. Justice Bradley. 1he duty imposed upon
these five Justices delicate, and to them pain
full. 1t was not sought by either, and those to
whom they are personally known can never doubt
that each and all would gladly have avoided its
burden and responsibility. They occupied that
position by the deliberate choice of the represen-
tatives of vast majority of the democratic party,
and were entitled TO the respect and protection of
all Its honorable members.
Judge Black has stndiously msrepresented the
powers and duties of the Electoral Commission,
and the questions 1t was authorized TO decide anu
has thus manufactured pretext fer denouncing,
as the result of corrupt partisanship, the conclu
sions of a majority of its members. lie insists
that they were bound by their duty and their oath
to disregard the findings OF the Returning Boards
of Florida and Louisiana, and that in adopting
them great intamy was accomplished and vile
frauds covered up. To cast odum and reproach
upon the ajorlty, he asserts that these boards,
and especially that OF Louisiana, reached results by
wicked and orrupt means, and that In adopting
them with know ledge of this, and of their duty to
ascertain the votes ior electors by other and in
dependent proof, the eight were participants in
the guilt of those tribunals. A brief examination
of the DOW ers and jurisdiction of the Commission
will show that, had the course he suggests been
adopted the Constitution OF the United states and
the Independence OF states would have been vio-
lated; whilst as will hereafter clearly appear, his
assaults upon the Returning Boards and their
thors are without foundation.
What then, was the jurisdiction what the duty,
of the Commission 1t Is royided In the Constr
tuition Of the United States that
Each State shall appoint, in such manner as
the Legislature thereof may direct, . number
of electors OF President and Vice-President equal
to the whole number of Senators and Representa-
lives to which the State may be entitled in the
Congress"
And there is also the further provision that
"The Congress NAV determine the time of choos.
ing the electors, and the day on which they shall
give their votes, which day shall be the same
throughout the United States"
We thus have the powers of the State and of
Congress clearly distributed and defined. The
state shall appoint electors in such manner rs the
Legislature thereof may direct, and the Congress
may determine the time OF appointing them, and
fix the day on which they shall give their votes,
which day shall be the same throughout the
ton. The object of this last requirement is ap-
parent. If the electors In the different States
could east their votes different days, an oppor-
tunity would be afforded for bribery and
corruption. This the trainers of the Constitution
intended to prevent, aud this was made more eff
fectua by another provision, requiring the cleo
tors transmit their votes sealed, directed to the
President Of the Senate, whose duty it was to re-
tain the same until opened IN the presence of the
Senate and House OF Representatives, when such
votes were 10 be counted.
The power of the State 20 appoint electors be-
ing vested exclusively in the Legislature 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 appointment
and of giving their votes, 1t follows that no matter
by what mode, or subject to what conditions the
State Leg slature shall direct their appointment.
its discrimination is absolutely final.
Thus, il the Legislature of Massachusetts, should
As has been done, we believe, in South Carolina
-RhsA AlA hwff e. -.