The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-12-13
JUDGE STRONG.


The following forcible article
which we copy from the Missouri
"Republican," puts Justice Strong
in a most pitiable condition. SINH
lar criticisms come from all quarters.
He ought to be impeached and re-
tired to private life:
Justice Strong's very remarkable
letter on the late electoral count,
written eight months ago, but pub
lished now for the first time, is an
interesting contribution to the histo-
ry of one of the most curious crises
in our history. Attention is first ar
rested by the declaration: 81 am a
democrat now; l hold to all the opin-
ions the state-rights democrats have
always held" If this surprising de-
claration be sincere we have a seces-
sionist on the supreme bench, plac-
ed there by a republican president,
with the approval of a republican
senate. Had Justice Strong been an
avowed state-rights democrat five
years ago, or had it been known that
he held the right doctrine that "con-
gress has.n constitutional right to
inquire into state elections for state
electors" the country would have lost
his services on the supreme bench,
for it is absolutely certain the repub-
lican party would never have put
him there. They put him there, be
lieving him to oe a centralist repub-
lican, and Justice Strong tells them
now, for the first time they
mistaken in their man.
The next point in this remarkable
letter is the authors grotesque def
milton of state rights, and his excuse
for making the rights of n state
the pretext not only for a wrong on
all the other states, but for a wrong
on that one state itself. He admits
his suspicion that a 'great wrong"
was done by the Louisiana returning
board-that is, that the returning
board have falsifed the voice of the
people of Louisiana by making it APP
pear they voted for Hayes when in
fact they voted for Tilden. But he
says neither congress nor its crea-
ture. the electoral commission, had a
right "to inquire into state ele> tions
for state electors" This means that
state rights should protect the re-
turns. of a states vote from congress
sional inquiry. The Louisiana case,
which he mentions, is a most unfor-
~tunate one for Justice Strong's pre-
tended theory. The government OF
Louisiana was not the lawful govern:
ment of the state-it was only a de;
facto power, imposed on the people
by the federal army, and the return.
3 ing board was a part of this de factc
arrangement. 1t was not the state
of Louisiana, and Justice Strong
whose judicial district embraces
: Louisiana, knew it. Still, he holds
that the federal government which
imposed a de-facto government oil
the state had 10 right TO go behinc
; the admitted fraudulent returns
made by this deJacto government
that the fraud was without remedy
: because it was stamped with TIL
seal of the state; and not only TIL
people and the state of Louisiana
but the people and the states of tn
q United States were absolutely at TIL
! mercy of a defacto governor an
!. four dishonest returning officers
This is the preposterous deduction
. of Justice Strong,s state-rights doc
= trim. He would make it, and he &C
! tually did make it the warrant for
fragrant wrong on all the states, il
Guiding the very n in whose BIZ
e half he invoked it.
:, It is surprising that Justice Strong
. = holding the views he here avows, di
:. not vote in favor of awarding ole {
; the Oregon votes to Tilden. Tha
vote was certified under the seal {
g the state to have been cast for I'll
den, and Justice Strong tells us this
neither congress nor the elector,
commission had any right to go b.
s hind the certificate and inquire int
It the state elections for electors, We
If he waived his stiff state rights rul
l. in the case of Oregon, which he II
fused to waive in the case of Loui.
: lana; and he waived it also in til
case of Florida far enough to inquii
d into the qualifications of one of til
Hayes electors. In fact, he waive
q it whenever the interest of the repul
lican candidate required and assej
ted it only when the interests of til
democratic candidate were to I
It barred, so markedly that it is hare
ly possible to resist the conclusio
that the supreme aim of this stat
l. rights democratic justice throug
IS the whole of that trying crisis va
; to elect Mr.. Hayes and defeat NJ
; Tilden.
IS There is no doubt that a maiorit
>, Of tho DaorJa nrafar Mr. uaros, ~