, 1877-02-18

That unreasoning portion Of the Demo-
cratic party which howls for resistance at
the prospect Of an adverse decision by the
Presidential Commission will not, Of course,
take into account that, by agreeing to IN a.
bitration, the Democratic party availed itself
of the only chance there YVES offered to Sc
cure the Presidency for Mr. TnDES in q
peaceable and lawful manner. These peo-
pie are prepared to listen to nothing
except the award Of the Offices to their
party, but the great mass OF thinking men
in the country, outside Of politics, will not
full to give this phase Of the controversy the
consideration it merits. The advantages of
arbitration were all on the Democratic side.
The prins0 taeie case WAS with Alr. HAYES He
had 1856 Electoral votes properly certified
The constitutional provision, as it stands, con-
fers a color of authority upon the President Of
the Senate to perform the ministerial
count Of the Electoral votes, in case
Congress fail to provide By law for some
other mode OF counting. There was no way
in which the Democrats could have inausu~
rated T11pEv, except by revolution, whether
undertaken by the Democratic majority in
the House of Representatives or with the
aid of HESBY WATTERsoSs 100, 900 lambs.
If the Democrats lose their case before the
Commission, they will be no worse off than
hare tho satisfaction Of knowing that the
controversy was discussed by the ablest
lawyers in the land on either side, and
decided by q Tribunal embracing the highest
and ablcst jurists, including fre Justices Of
the Supreme Court.
But now that the Commission has virtually
decided that it is not within its jurisdiction,
nor that of Congress, to act as Returning
Board for the elections in the different
States, the Democratic reactionists are en-
deavoring to excite popular opposition to
the verdict Without stopping to comment
on the contradiction Of the State~Sov-
ereignty party antagonizing the fundamental
State right assured by the Constitution, that
each State shall appoint Presidential Electors
as it may determine for itself, we would ask
the disafected Democrats how much better
off they would have been if the Commission
had decided to go behind the Returning
Boards in the cases Of Florida and Louisiana.
From the time the Commission organized, it
had less than a month in which to deliberate
and decide before the 4th of March. Had
they decided to go back Of the Returning
Board Of Florida, it is just possible, but not
probable, that they might have disposed OF
that case in time; and even Democrats will
now admit that, if they had exercised the
right of Returning Board for Florida, tho
State would have been given to HAYEs,
Then they would have come to Louisiana
So far from being able to dispose Of it in the
two or three days left to the Commission, this
case would have been the work OF months. 1t
would not do to rest upon the ex-parte tes-
timony gathered by the Congressional Com
mittees, whether Of the Republican Senate
or the Democratic House. It would have
been necessary to summon hundreds and
perhaps thousands of witnesses, and to have
entered upon IN intermiunb1e process of ex-
animation and cross-examination with the
usual technical delays and arguments OF the
opposing counsel. Without undertaking to
estimate how long such case might have
lasted, it is certain that the 4th Of March
would have intervened before decision,
which would hare left the Offices Of Presi-