The Portland daily press., 1877-09-14
[From the North American Review.1
The electoral Conspiracy" Bubble Ex-
piOded.

plOOeO.
Extsucts frcm Hon. e. w. stoushton,s
Reply 10 Judge Black.
Political literature, contributed by violent
and disappointed partisans, seldom deserves
or takes high rank in the esteem of men,
either for style or permanent usefulness.
That contained in the last number of this
Review entitled "The Electoral Conspiracy"
furnishes no exception to this rule. Its au-
thor, the Hon. j. S. Black, was one of the
counsel for the defeated Democratic candi-
dates for President and Vice President before
the Electoral Commission. Having been
long a member of that party and especially
distinguished, when Attorney General of the
United States, for his devotion to the for
tunes and the schemes of the Secession lead
ers of the South, he saw in the defeat of their
favorite nominees, Messrs. Tilden and Hen
bricks, only another triumph OF Northern
principles and of Northern Union men, both
regarded by him with sincere dislike.
III flOW VI IulS1 was nO WIoO W T6luluu
the reader of certain points in our political
history which have within the last twenty
years divided the two parties and defined
their antagonism?' Or fortunate in un-
folding the bloody leaves of that treason
able record which contains the history of
those with whom he and other leaders of his
party sympathized during the Rebellion?
His position as counsel before the Electoral
Commission, his Republican hatreds and
prior rebellious proclivities, should have in
clined him not to question the motives of
majority of that tribunal, although profess
sional propriety might not have absolutely
prohibited fair and moderate criticism upon
its legal opinions. Such criticism he has not
been content to make, but whilst declaring
that ''a question is raised which demands
| fair, full and free discussion so that truth
may prevail and justice be done,'' he has
charged eight of its fifteen members with con-
spring to violate their oaths and dnty for the
purpose Of upholding the fraudulent action of
Returning Boards, and with accomplishing
this by wilful disregard of law and evidence,
that the people of this nation might be de-
frauded of the President of their choice.
Stated in the hideous language he employs,
''All that once ennobled the nation seemed
to be buried in this deep grave dug by the
Returning Board and filled by the Electoral
Commission" This general mode of libel
ling majority Of its members did not, how
ever, satisfy the taste or temper of that gen.
tleman. He yearned for more specific met h.
ods of presenting his estimate of their motives
and conduct, and these he found and en-
for both strength and coarseness and,
it may be added, not losing in vigor or
brutality for lack of perversion or misrepre
sentation.
AmaZement that charges so grave and
wicked against Judges, Senators and Repre-
sentatiVes so able and pure, should have been
deliberately written and published by dis
tinguished member of the Ameaican bar, is
only equalled by astonishment that they
could have been printed and circulated with
out encountering the indignation, if not dis
gust, of the respectable representative men
and press of the entire Democratic party.
Instead Of this, however, responsive echoes
have been heard along its front and from its
throngng masses, until, coupled with prior
and somewhat similar charges made by its
leaders, we are led to conclude that the politi-
cal war cry of that party is hereafter, and
until the next Presidential election, to be
that signalled by the article in question, "The
Great Fraud Of 1876"
TIE terms of the Electoral Bill provided
that each House should appoint five of its
member. who, with five associate Justices of
the Supreme Court of the United States,
should constitute commission to determine
which was the true and lawful electoral vote
of those states from which more than one
paper purporting to be return of electoral
votes had been received, each member be-
ing required solemnly to, swear, or affirm,
that he would impartially examine and con-
slider all questions submitted to the Commis-
sion, and true judgment give thereon agree
ably to the Constitution and the laws. The
members of the Supreme Court of the United
States appointed by the act were four-Jus-
tices Clifford, Miller, Field and Strong-and
they, or majority OF them, were to select
another of the associate Justices of the court.
They unanimously selected Mr.. Justice Brad
ley. The duty imposed upon these five
Justices was delicate and TO them painful.
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 representatives of a vast ma
jority OF the Democratic party, and were en-
titled to the respect and protection OF all its
honorable members.
Judge Black has studiousy misrepresented
the powers and duties of the Electoral Com
mission and the questions it was authorized
to decide, and has thus manufactured a pre-
text for denouncing, as the result of corrupt
partisanship, the conclusions of majority of
{fo ,hnpa t. 4l,
bound by their duty and their oath to disre-
gard the finding of the Returning Boards of
Florida and Louisiana, and that in adopting
them great infamy was accomplished and
vile frauds covered up. To cast odium and
| reproach upon the majority, he asserts that
| these Boards, and especially that of Louisi
ana, reached results by wicked and corrupt
| means, and that in adopting them, with
knowledge of this, and of their duty to ascer-
tain the votes for electors by other and inde-
pendent proof, the Eight were participants in
the guilt OF those tribunals. A brief exam
lnatlon OF the powers 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 violated; whilst, as
| will hereafter clearly appear. his assaults
| upon the Returning Boards and their authors
| are without foundation.
What, then, was the jurisdiction, what the
| duty of the Commission? It is provided in
| the Constitution Of the United States that
''Each state shall appoint, in such manner
as the Legislature thereof may direct, num-
| ber OF electors of President and Vice Presi-
dent, equal to the whole number of Senators
and Representatives to which the state may
| be entitled in the Congress-
And there is also the further provision
| that
1.-The Congress may determine the time OF
choosing the electors, and the day on which
they shall give their votes, which day shall