The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-13
THE Nj TONI RETURSISo BOARD.
An Honest Man Frankly Manifests His
Opfuiou.

Morton, Garfield. Miller, Bradley, Strong Co.
Bayard. Thurman, Payne, and their four as
sociatcs say that twice two make four.
Which side is right-the eight or the seven?
Which side is wrong-the seven or the eight?
Grant me review Of the Florida case 1
promise TO be both brief and calm.
Tom and Dick have a quarrel about Harry.
Tho question at issue is simply: What did Harry
do. and what did he mean ~ do ON particular
Occasonl
Tom and Dick agree to do the most sensible
thing under the circumstances; in fact the only
thing-to call Harry himself and hear his own
statement.
Tom and Dick nre tho disputing political par
ties; Harry. the State of Florida.
What mouth. and hand. and pen are to the in
dividual as organs of expression and indicators
of intention and WILL the Executive. Legislative.
and Judiciary are 10 the State.
No one. not oven Judge Morton. or Judge
Garfield. or Judge Bradley. questions the
absolute Legitimacy Of the present State Govern
mcnt Of Florida.
The Constitution OF the United States pro-
vdcs that each State shall elect the Presidential
electors in such n manner as tho Legislature
thereof may direct"
The statutes Of the United States provide up
on the same subject that the Governor OF each
The spirit of our institutions and the unin-
ierruptcd practice of Anglo-Saxon law make
the highest court OF each State tho supreme
tribunal for the decision Of what Is the truth in
purely local concerns.
The Electoral Commission was created for
no other purpose than TO decide lin the Ian
euage of the ac) (which is the true and lawful
electoral vote OF such State"
Three different returns from Florida were re-
ferred TO the Commission. Practically. they
represented but two sides. and the question
was precisely rs IL referee or umpire had to
decide between two bank notes. one Of which
was genuine and the other n counterfeit.
The question before the Commission was.
which of the Florida returns really represents
her will and voice. and which is the counterfeit
To again use the language of the bill the Com
mission shall decide whether any and what
votes are the votes provided for by the Constitu-
ton Of the United States and how many and
what persons were duly appointed electors"
OF course no such decision is possible with
out examination. evidence. and information.
This was distinctly recognized in the bill
when it gave the Commission - the same powers
now possessed 10y the two Houses, acting sepa-
ratcly or together"
II was again recognized when the hill pro-
vided that the Commission " may take into view
such petitions. dispositions. and other papers as
shall by the Constitution and now existing law
be- competent and pertinent"
The decision Of tho courts OF Florida are part
Of the now existing law" and nothing can be
more, competent and pertinent"
The whole opposition Of Morton m Garfield
TO the passage of the bill was based upon the
idea that the Commission had the right To go be-
hind the returns and receive unlimited evil
dence and testimony.
The trainers and advocates of the bill openly
and emphaticaly admitted this. and an amend
ment offered in the Senate by Mr.. Dawes. which
sought TO ahridge this right Of the Commission.
was rejected.
Every member OF the Commission both took
and subscribed to the following oath:
9iep9y ,%s .oa. Natl viii imgaTtisy examine and
which am ncmtcr and true Judgment give thtrc.
IN agreaby to the Constitution aud the laws So help
Yet eight Of tho nftecn members who had
taken and subscribed to this solemn oath voted
under the lead Of Judges Morton and Gar
field for the following:
ordered that evidence will be received or consd.
cred 10y the Commission which not submitted to Tie
The senate with the different eeruhcale$
Was there ever "A palmer violation OF law?
Was there ever clearer prostitution Of the
forms OF Iusticcf Was 1t not perjury
Every one of the eight who voted for that order
committed perjury. No one can read the law
creating the Commission and escape this con-
cuson No one can familiarize himself with
all the facts. without seeing this conclusion
form into firm conviction in his mind.
\ court refusing evidence in the trial OF
horse thief would be considered infamous. But
here is acourt expressly creatcdto impartially
examine into" and decide the gravest and
Iii, ~.
existence of the republic. expressly vested with
all the powers of " both Houses OF Congress"
for that very purpose. that deliberately refuses
10 hear any evidence. AMI orders: We wish TO
hear neither facts nor truth. nor law nor logic;
We wish before this question is iudicay and
impartially examined into no information. in
t"lllgonco or instruction whatever. We will de-
eide this question without light and without
truth. and against law AMI logic and oath and
honor!"
This was undoubtedly perjury Mol.
But when the same immaculate eight decided
that the quo wrrranto proceedings in the
Florida courts. which We're before the Commits
sion under their own order (having been flied
and attached by Gov. Drow. with many other
papers. to the third ccrtilcatol, could not
bee considered Us evidence. they committed per-
jury No. =
And yet they could not stop; still they had to
20 on 20 perjury No. 3. For even after their or
der and after the exclusion OF the quo war
ranto proceedings, the papers attached TO the
certificates clearly showed that tho State Of
Florida had, by every competent functionary
and official organ. solcmnly declared 1t rs her
true wish will and voice. that her four electoral
votes shall be counted for Tildcn and the four
Hayes votes shall be accredited TO fraud and
crime, both Infamous and transparent.
Thus the still remaining papers and seal Of
the State Of Florida clearly showed.
Thus the chief executive Of the State solemnly
declared.
Thus the Legislature. in both Houses, de-
clArrl.
Thus the judiciary Of Florida declared.
Thus the voice Of law and right and justice
spakcl
Stll the Infamous eight. by "strct party
yotc.' declared the criminal certificate OF the
criminals and pcrjurers of the Florida Return
ing Board 70 be tho true and lawful votes" Of
Florida.
when they did that. they committed perjury
No. 3.
OH forms of law" how many outrages are
committed in thy namel
bptv III