New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-02

and If Mr.. Black spoke as many absurdities
before the Commission as he writes in the
pages of The North american ReUie,0, his asso.
ciates in the debate cannot have set very
high value upon his services. An indictment
against half nation of people is too pre-
posterous to be answered. Common sense will
assure the world that if the whole Republican
party approved the action of the Electoral
Commission, and if respected and fair
minded statesmen and political leaders
identified themselves with the principles
which the Commission laid down in
its decision, there must have been
a much stronger case for the Republican side
than Mr. Black is willing to acknowledge. 10
our people comprised so many millions Of
abandoned Williams as this mad old man al
leges, if both branches of Congress were ut
terly insensible Of shame, and even the Supreme
Court Of the United States were hot-bed Of
chicanery and fraud, we might well despair Of
the Republic. This country would not DO
worth saving; it would not be fit TO live in.
But having some respect for the virtue of our
fellow citizens. we perceive that there must
have been TWO sides to the question upon
which Judge Black lets loose the torrent Of
his inyective Why could not he be de-
cent and RATIONAL and admit, what every
body knows, that there was an honest disa-
grcement as to the powers Of the Electoral
Commission. as well as to the circumstances
of the election in the Southern States7
The temper and spirit of Mr.. Blacks paper
are not any worse than its logic. For in treat
ing of the decision of the Fifteen, he not
ONLY misrepresents what they did, but he en-
tIrcly ignores the principal question submitted
TO them, and the one vital point which
constituted the very heart of their judg-
ment The great Issue, Overshadowlng all
others, which they were appointed to set
file. was on the power of Congress
TO ago behind the returns" But Mr..
Black has the amazing eilrontely to assume that
no such issue existed lie says that "the
great and important duty cast upon the Com
EMISSION by a special law and by specal oath
"of each member was WHAT Why, to go be-
hind the returns and inquire into the validity
of each electors app )intmcnt. No such thing
Their first and most important duty was to
decide whether they, or the Congress that COM
missioned them, c0uH 60 back on the returns.
The Act creating the Commission gave il
the same powers, Of any" that were pos
sessed by Congress in this regard, and in the
debates in Congress previous to the passage Of
the bill, the significance Of these two import
ant words and the nature Of the ask which they
laid upon the Commission, came ont in the
clcarest light. The speakers on both
sides explained the bill in the same
way. "Whether Congress or the Com
mission said Senator Frelingbuysen. "can
go back of the certificate, returns, and
accompanying papers, is one Of the questions
'.rcfctYcd by the act Of the Commission" and
Mr.. Freinghuysen was one of the franz
ers of the bill "This law" said Senator
Edmunds, speaking of the same branch
Of the inquiry, CONSTITUTES tribun-
al 10 decide that very thing, among 9TH
.'crS.' Senator Thurman 'hoped" that the Com
mission would find authority to go behind the
returns. "but, | do not know" he added "and
81 will not restrain them by any act of Con-
grcss.- With this distinct understanding of the
points IN controversy the whole matter
was submitted to arbitration by consent Of
both sides The Commission reached a decis-
ion on the constitutional point unfavorable TO
the Democratic side. Our readers need not be
reminded of the subsequent behavior OF Mr..
Blacks clients. They attempted to break mp
the court, and prevent the delivery of any judg-
ment at all, and ever since they were defeated in
that revolutionary project they have been revll-
ing the Judges of their own choice and accusing
them of conspiracy to swindle. "iie must be
regarded as political blackleg," says Judge
Black. "whO snatches and makes off with the
Stakes he has lost according to the rules"