Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-09-14

Two noticeable political articles have
recently appeared in the North American
Reriac. In the July number, Judge Jerry
Black, of Pennsylvania, who was one OF Mr.
Tildens counsel before the electoral com
mission, formally arraigns the immortal eight
who formed the majority of the commission.
charging them with conspiring to violate
their oaths and duty for the purpose of up-
holding the fraudulent action of the return
ing boards, and with accomplishing this by a
wilful disregard of law and evidence, that
the majority of the people might be deprived
Of the President of their choice.
To say that the article was by Judge
Black is to say that it is bitter, abusive, and
reckless of truth In the last number Of the
RerIelO, Hon. E. W. Stoughton replies to
Judge Blacks TRADE. in clear and able
article. Mr. StoughtoD argues 'that there
could have been no conspiracy, from the very
fact that the electoral bill encountered the
decided opposition of some of the most emf
nent men OF the two houses, while the chosen
| confidential friends, the appointed henehmen
of the Democratic candidates for President
and Vice President, were earnestly engaged
in framing and amending the bill, until 1t
attained the form in which it finally passed
by an almost unanimous Democratic vote,
but one Democratic Senator opposing it
whilst in the House il received 19i votes to
Sc against it." To the statement OF
Judge Black, that 1.-THE commission were
bound BY their duty and their oath
to disregard the findings of the re-
turning boards of Furida and louisiana"
Mr. Stoughton replies by recital of
the powers and jurisdiction of the commits
sion under the Constitution and under the
law of their appointment. The act creating
the commission provided that it should PRO
ceed to consider the certificates, votes and
papers submitted, with the same powers,
If any, now possessed for that purpose by
the two houses acting separately or together,
and by a majority of votes decide whether
any and what votes from such State are the
votes provided for by the Constitution, and
how many and what persons were duly ap-
pointed electors in such State and may
therein take into view such petitions, tepo-
sitiOns and other papers, y Gny, as shall by
the Constitution and now existing law be
competent and pertinent in such eonsidera-
tion." No specified jurisdiction having been
conferred upon the commission, Mr.. Slough
ton argues that its powers were limited by
the Constitution and that returns Of cleo
tions made in accordance with the law.
which were declared to be evidence in all
courts of justice, must be equally binding
upon the commission. The Legislature had
by law lodged the power to decide who has
or who has not been elected in Louisiana
in a returning board the Supreme
Court of the State had passed upon
its validity, and the commission could
not 90 behind the law. "The question be-
fore the commission" he says, "was not Had
the American people a right to elect their
chief magistrate ? nor what was the vote at
the polls either of Florida or Louisiana but
who were electors in those States and the
State of Oregon in such manner as their
legislatures had directed ~ Mr. Stoughton
then proceeds to argue upon the fearful con-
sequences that would have ensued if either
Congress or its commission had attempted to
revise and reverse the decision of State tri-
bunsls, and to decide that other persons
than those by them declared elected had
been duly appointed electors. Mr.. Slough
tons defence of Mr.. Ilayes's title is concIu-
,ive. To some other points in his article
we shall allude hereafter