The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-25

| aud aboreE I have been ossr~ nelmsd BY letters
from every psss Of NE country appealing 20 me 10 do
The people thai they have lost the fruits Of victory
bus that 10 not vnss their indignation. fnsy feel
tribunal that they dd sesads sner case 20 a tribunal
and shss the Joasmeus u Just ant that they
and the members Of this house who voted tor that
tribunal aud the Of The com lttee who framed
the bill have beca deceived. and they ask me where
foaaded add am cotnpssd 70 ssy that u la IL my
purpose m the lev minutes that have 10 Try TO IN The
responsibility. in the record whch gives TIE decision
Of tho LOUISIANA case appears shss entry
ordsrsa-fhss ihs sva-sss 70 sss ss..issa
among the eight appear the names Of rsasss srs
hnghn,rsn. osrheid. hosr ssd Marion. together wih
the three JUDGES bradley. nIilsr @sa strong As
this They took no part m the formston Of this
measure , ss.y made 20 ss.ssss 70 .. 90 .s q,
Their action. lhsrsers Is % es jaassd 10. ~ sS bot
msnbsrs Of an. irsssssl shsy are 70 70
the eomml,sss 90 ths dssesssoa which leok place
Ia th,s House aud IN the senate OF senator Edmasds
edge da he express an opasoa az 10 tho power q the
commission 90 80 uenind th- sstsras "a might ps-
occasion sns he sa,sr,sssa ssS thai sns s~s
Houses OF Congress could behind ths rctnrns bnt
Know that be ever expressed ss.l Jsasmsna
Mr. Frciinghaysea undoubtedly expressed the
Mr. s:araela. IN tue a'.es.s,oa a. sns House an.
qucst,onaey expressed the opinion that therr
such p.wsn NJ Morton, ~ .hs sl.sa..on 20 .hs
the boandon duty u abs trDunai 90 50 behind the
turns. and bs stated m enmisakatls language. an
reply TO the senator from tIi thai there power
10 behud the returns and that without that power
the bill could not receive single demoeratis vote ~
who the commatec that there that power
Nov, "a regard % the remaining member OF the CON-
mission Mr. hoarl IN has speech m The House ON tns
2sth Of January he used the following language
some gentlemen have spoken Of mi. so.grsu.lss
thu, ma" cs .aIa 60 so % ss assss Ja sss
righteous claim sses,s ~ m.ai.ia y, esesee, a es ar
ibunal constituted a. 20 fsndsr ~ asel.isn - .se,rd
man,y vii admit
What does word ''proof" meant There be
proof without tho right 10 tase and unless a DO
received When, therefore, that Commissioner brought
order before tue tribunal that evidences he not
ccived, hold that was Ia direct contradiction 10 ns
declaration made by hm this noor. But e. further
will violate OF the confidence that belongs 20 the
Deliberations OF that comm,ssion. understand THAI
NJ the close Of the deliberations % vas generally con-
coded that the inrncuon OF secrecy removed hut
somc question has been raised ABOUT that, shall
adhere strictly 10 the rule
Mr. HoAR-Thcie IL no question ON nv part
Mr. hkwlrr-rhe gensieman relieves me therefore.
10 what passed before the commissiGr
SHvERAL MRMBERs--lset US have ~
Mr.. HEWITT (continunrl--In the original drait Of
the bill submitted to the committee by the gentleman
from Iowa (Mr Mccrary) this provision was con-
tained:--
been sssea to sad rSasa as ass"a Il Ss nss
power If \ deems = Necessary to sena for person, ard
soners, to be appointed by It Tor that purpose.
That bill proposed to submit tho decs.on Of the
question 10 the supreme Court OF the United states
That being objected 10, second draft was submitted OF
bill Tor tribunal composed Of i've judges Ia the
amended draft Of the bil heard not dissent w Tho
proposition that the tribunal constituted should De
member OF the committee that Il had aud would have
such power under tins bill There WAS no pro-
the power TO confer on tribunal so
constituted the right send Tor persons and papers
when i, added Gve members o, the House ana ave
members Of the Senate to such trbunay II had that
power and conferred IL ON tho tribunal how could the
Commss who assentod 10 II bring IA order that
testimony should Dc receivedf have only one
left, and will usc II In saying this think that
have bcecn deceived ~ 10 tho position OF certain
gentlemen who sat at that tribunal think that these
declarations this House at variance with the de-
csou in the tribunal say that this feeling OF injury
Is justified In tho people, and want close what
have say with this final remark No matter how
REPRESENTING this great ,cratc party which has
been waging war OF principle, stand up Ike men and
Of truth ana justice by any violation OF
side OF the House tGreat applause Oh the Democratic
side oil the House)
REPLY.
Mr. HoAR, {rep) OF Mass-l do not propose to do.
bate the question vi the right Of Congress upon
the election qualifications aud returns Of Presidential
members expressly Withheld IN regard 10 tho Pres
identia eectors) by techncay, as IL Is one OF tho
gravest questions of constitutional power. do not
propose 20 debate the question whether the alleged
usurpaton OF power by the Returning Board OF LOUISE
ana (counteracting what they claim were greater
crimes) should properly he encountered by greater
usurpaton Of power on the part OF Congress- l do
| not mean to debate whether this opinion OF
of the most distinguished leaders vi the democracy
| (Senator Bayard), member OF the commission, ut
Tered within two years in his place elsewhere Is
| rect:-"Nowhere IS power gwen 70 either house Of
Congress pass the election, either tho manner
or he fact of election for President and Vice President
nd (nn mr. lousa hOuIu or
the gusc pretex OF counting the vote 10 decide tho
TACT the election Of the electors II VIII have taken
upon itself authority Tor which l, TOR one,
can Hnd no warrant IN the charter OF our
liberty" Nor do l mean to discuss the question
Thurman), who changed that opinion, honestly, 1
have doubt. moro liable TO charges Of PARTISAN
ship than we, who had no cause 10 do SO. propose
to address myself directly tho charge MADE by the
gentleman from New York (Mr. Hewittl l spent
n Inc declaration that this question Of going behind
these returns should be submitted to the tribunal as
question about which he and differed We did pro
| woke the derison almost OF the members OF the
committee by the technical aud iaborious language
used, and tho very last &C. Of tho
beers said 81 afraid you will leave IL open to some
body claim That this bill requires us to 60 into that
question instead submitting that question to tho
| tribunal" Every member OF the committee assured
that gentleman that not so, that they perfectly
understood that It had decided It; and when they
got through the gentleman from New York, who was
sitting within four feet OF me, rose and said -
NOV there is a question on which we arc all
agreed We agree that side Is to contend one way
the other side is TO contend the other way, aud
the commission Is 10 decide on that question II any
gentleman here suggest clearer language than we
got in this bill let him rise and make the sugges-
ton " Nobody did IT, This bill went to another place
and there honorable Senator from Ohio Mr. Thur
mani, q distinguished, honest and honorable gentle.
man, in his place 10 persuade republican Senate
to accept the bill. They differed with their republican
associates in this House, aud he SAID to them Hcre
are certain questions concerning which VIC cannot
agree" and went on u cnumeratc them. The
fourth Is that It Is competent to 20 behind
the certificate of the Governor and tho directly oppo
site opinion that Is not competent TO go behind the
certificate of the Governor The NTH is that II Is CON-
petent go behind the decision OF this Canvassing
Board and tho opposite opinion that II not
tent 10 do 30 Then comes another question. Sup
posing the Returning Board not 10 have gone beyond
its Jurisdiction, whether II has acted fraudulent
Some say It's decision may be impeachcd
the fraud because fraud vtiaes everything and
others say that such inquiry is admissible at all.