New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-06
THE LOUISIANA RETURNING BOARD.

THE LOUISIANA RETCRNING BOARD.
That the prosecuting officer in New Orleans
had perfect right to commence proceedings
against, and the Grand jury the right and pos
siblv reasonable cause to mdict, the members
of the Louisiana Returning Board, no one Will
of course deny. Nor can it be claimed that the
proceeding is in any sense breach OF 1alth on
the part of the authorities OF the political leaders,
since whatever may have been the terms of the
agreement or understanding upon which the
election difficulty was settled, 1t Is PLAN
enough that no compact between politicians 10
forbear proceedings could be held binding
upon the courts and officers of the law.
Tho decision of the Electoral Commission
was based upon the fact that all the
methods and processes OF the election
we're provided for by State authority as
\ matter Of purely State concern, that
the Federal Government had no business nor
right 10 90 behind the face of the returns, ana
that it devolved upon the State authorities, and
them only, to see that the election was con-
Quoted honestly and the result honestly re-
turned. If there was fraud III any of the de
tails of the process, it was an offcnse against
the State law, and cognizablc by State Courts
No dulHOllN tAlSlS ny "hi'h 'h' '-i"'t IL
any there was, could be condoned, and GER
tainly none exists which could bind prose-
cutting officer not to proceed against, or a
Grand Jury not to indict, the offenders. Upon
tie face OF this transaction, then, there seems
to he nothing improper or that can he called
betrayal OF faith.
But there is n serious question as to the
wisdom and good policy of the prosecution. 1t
will be claimed, of course, that it is begun in
the interest of public morality and to viDdi-
cate law and justice. Blu. We venture to say
that the general public Will not 50 view 1t.
The underlying motive OF the whole business
is too plain to be so disguised. The prosecution is
of course purely political proceeding, and
will be so considered by the public. 1t can
serve 10 useful, moral purpose, whatever comes
Of It. 1t will settle nothing. Ii Will be lmpOs-
sible in the first Place to secure an impartial
Jury. No twelve men competent to the trial of
that OF any case can be found
who would not take into the jury loom
more or less Of prejudice and patti
san bias, and nothing but a partisan
verdict could possibly be hoped for. Such a
verdict can have 10 effect upon the opinions
of men regarding the legality or illeeahty of
the Louisiana election returns, and no force
at all as "A yindication of law. The conviction
of these Returning Board members upon the
charges preferred under such circumstances
would exasperatc the feelings of one party,
while the only other purpose effected would be
the qualification OF mere partisan spite. Were
any good act to be conserved, or even in
tended TO be conserved, by the prosecution, 10
good citizen would utter "a word OF objection
or protest. But the motive is so apparent,
and the certainty so absolute that prejudice
and perversion, instead Of justice and reason,
will govern the trial, that all good citizens
must deprecate the proceeding as one from
which 10 good result can be expected.
Political prosecutions of this character are
always to be avoided If possible They have
4 demoTalizing effect upon courts and Jurles,
and tend to diminish popular respect for the
law and its administrators. In the present
case it is quite obvious that mischief,
and only mischief, will be effected. What
the people of Louisiana need now more
than ANYTHING else is rest from politics and
political feuds and quaITeS. This prosecu-
ton serves only to keep alive the old ami
mosities, and draw wider apart the men who
should be working together for the welfare
and prosperity of the State. No harm could
be done by forgetting the past with all its
mistakes and misgOvemment, and looking
hopefully to the future. No good can come
from dwelling upon past troubles and attempt
ing to avenge the real or fancied wrongs of Il
period that has gone by.