Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1877-02-22
Thursday, February se, 1877
seoundrelism Temporarily Successful.


As went Florida, so followed Louis
lana. The Commission arbitrarily re-
fused to hear any evidence touching
the heinous crimes committed by the
election functionaries and returning
board. Judge Field, one of Lncoln's
appointees, voted with the democrats
throughout. This may be accepted as
final settlement Of the presidential
question. 1t is nonsense to talk now Of
Oregon. The same eight who filched
votes from Florida and eight from
Louisiana will not be defeated Of their
purpose for the want of one more so
easily had. The commission has acted
upon the Morton theory, that Hayes
must be inaugurated whether elected or
not. They knew they could not declare
him the recipient Of the Louisiana vote
if the evidence taken by congressional
committees were before them, and so
they declined to receive that evidence.
The radicals ofthe senate, who had a
committee taking evidence for weeks,
refused to have it presented. Edmonds
Frelinghnysen and Hoar, who argued
On passing the electoral bill that evil
dence would be admissible under its
provisions, voted againstreceiving testi-
mony. In word the radicals, except
Judge Field, who gulled the weak and
unweary democrats with fair promises,
did nothing, and refused to do anything,
but to declare Hayes president by VIZ
tue of their ma ority on the Commission.
This, says the S,n, will lead people to
inquire what the electoral commission
was created for2.
ut has done nothing but what the
President of the Senate might have
done. It has decided that it has no
other means Of deciding than the Presi-
dent Of the Senate possed-that it can
consider nothing, look at nothing but
the papers opened by the President OF
the Senate in the presence Of the two
houses, VIZ, the electoral certificates.
Appointed expressly to examine and
consider and report which Of the cleo
toral certificates or returns received
from the disputed States is the true and
lawful vote Of the State, it reports, but
declines to consider and examine.
Constituted with especial care, CON-
posed Of Ave members Of each house
specially selected by the vote Of their
fellow1nembers for the purpose, al OF
them jurists by education and profession
and some of national reputation, and
having associated with. them five jus.
tees of the Supreme Court, the highest
tribunal of the land, the conclusion
arrived at IS that the whole body
possesses no other or greater powers
ofinquiry than the presiding officer Of
the Senate would have had, or for the
matter of that, any door-keeper could
have exercised. This is the outcome
Of the protracted three weeks labor
which resulted in the proposition Of the
electoral bill; Of all-night debate which
preceded its adoption Of the learned
and able arguments which have been
addressed to the commission by the
most distinguished lawyers in the coun-
try. The practical result is, Of course,
to award the eight electoral votes Of
Louisiana to Hayes and Wheeler upon
the certificate Of Kellogg, and the
declaration and determ nation" of j,
Madison Wells and his associates. This
is the only evidence which the republi-
can majority will look at. It is not the
evidence, however, which will satisfy
the country. 1t was precisely because
the country wanted better proof tia,
Hayes and Wheeler were entitled to the
electoral votes Of Louisiana than KEEL
loyg's certificate Or J.'Madison Wells's
declaration that it welcomed the ap-
pointment of such commission as the
bill established, and was prepared to
accept and rest satisfied with its decision
In the refusal of the commission to in
quire at all into the facts, or to loos
beyond the certificate Of Kellogg and o
Wells, is of course disappointment te
AL fair-minded people. Equally witt
the strict party vote by which this &C
ton Of the commission is decided, the
decision is itself disappointing-griev
ousiy Disappointing. 1t is failure tt
do justice, a denial of justice, which
might have been expected from extreme
partisans. but which was not expected
from Supreme Court Judges. It shows
that judicial element, which we expec
ted to give weight and impartiality te
the rulings Of the commission, has cnly
manifested itself in the substitution O
artificial and technical rules of evidence
for honest inquiry and diligent inYesti
rattan Of Aha g, cfc - =