New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-05
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or majority of them, will vote not to go behind tho
NO CHANCE FOR CROHIN.
REPUBLICANS IN 80 DLEMMA-THE DECISION OF
THE CANvAssING AUTHORITY FISAL.

I
THE CANvAssING AUTHORITY FINAL
[BY TELEGRAPH TO THE TRIBUNE
WASHINGTON. Feb. AT the outset Of the great
national lawsuit the Democrats make the dis
heartening discovery that the point in their adj
versares line Of defense which they thought fatally
weak is toleraby well fortified, If not absolutely
impregnable. They imagined that the Republicans
could set up no theory which could save them the
votes of Florida and Louisiana and which could be
applied TO Oregon without the recognition OF
Cronin's electoral college natural consequence.
Ever since the Oregon fraud was contaminated the
Democrats have constantly thrust ut their opponents
this dilemma: "GO behind the returns, and we will
take the two Southern States. Refuse TO 90 behind
the returns, and you must give US one vote from
Oregon"
Now the Republicans refuse TO accept either horn
of the supposed dilemma. They do not say that
there is no power in the Commission to go back OF
the returns What they assert is that there Is no
power TO go beyond the authoritative and inal
declaration of the result of an election by state
authority. The Governors certificate is not an
essential part of that declaration. IL is required
not by State law but by the United States statute
IL may be false certificate, rs is that OF Gov.
Grover. Congress. and therefore the Commission,
is not bound TO accept it as conclusive. The pur-
pose of the count Is 70 ascertain what was the de-
clared will of the State announced by the an
thorty created by its laws 10 and determine
the vote for electors, and the Commission can go
beyond the returns 10 ascertain what the act OK
that authority, but not step further. There IL the
line which divides the General Government and the
State Government. In Oregon the canvassing au-
thority was not the Governor but tine Secretary Of
State: in Florida it was not the Governor but the
Canvassing Board. The Republican theory. there
fore is that the Commission may do everything
necessary to learn the legal State authority vested
with the power to determine the result of the cleo
ton and what the action OF that authority was but
that they cannot 90 step further without invading
the rights of the State.
Afraid 70 take the ground that the Commission Is
large national returning board, with power to try
accusations OF fraud in every precinct in the United
States and to decide bow every citizen voted or
meant to have voted the Democratic counsel appear
disposed to claim only that the Tribunal can inquire
and determine whether State canyassing board
acted in street compliance with law But this doc
true carried forward to its necessary consequences,
involves an investigation Just as much as the other
suppose for example. that the Commission should
decide mat the Florida cauYJsstiS had no right 20
reject the returns from certain county, ana tnaJ
chose returns should be counted. The question at
once comes up, What were the valid returlsf one
party would claim that the vote IN certain precincts
was tainted with fraud and the other party would
make ike charges against other precincts; anu the
Commission, 10 arrive ut Just verdict would nave
70 take evidence 70 how every man voted IN the
county. If they possessed any such power, X would
be iuDracticabe TO exercise IT, because tue 4th IF
March would arrive long before II had reached =
result.