The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-11-15
JUDGE BLACKS SECOND ARTICLE

IiOu W pefsSna COHNO'OiSy'
BLACK responds with slacrity, in thirty
six page pamphlet. While the Judge does
not deal largely in personalities, he uses
enough Of them to flavor his article, which
combined with his strong and racy Eng
lish and wonderful lucidity and terseness
beth of style and reasoning, makes his
pamphlet exceedingly entertaining read
ing. JUNIUs never wrote anything bet
ter. Dlvcsted of personalities, which are
decidedly the most spicy part OF II, and
which are excusable because invited
Judge BLACK paper Is a trenchant pre-
sentatIou of the now notorious and gen
orally accepted facts in regard 20 the per-
version of the electoral votes OF Louis
lana and Florida from HAYES to Ill
DEN. The perpetrators Of the fraud, ac-
cordinG to his theory, were the Return
iug Board and the visiting Republican
statesmen, one OF the latter now beng
Secretary of the Treasury, another a
senator OF the United States enjoying
the confidence of the President, another
our Minister 10 France and another our
Minister to Russia. Mr. SToUGHToN Is
specifically charged with wiltully break
Iug the ninth commandment, but in
grade of guilt is cbaritably placed little
below his associates in the conspiracy on
the ground of mental imbecllity. As to
the Electoral Commission It's considered
rs political, not judicial, body, whose
acts are fairly amensble to crln-
cism, and lis reputation for Judicial IN
tegrity Is calmly left, as BACON LETT his,
"to foreign countries, to future ages and
to mems charitable speeches" The Flee.
toral Commission was an expedient
adopted IN certain difficult circumstances
to avold the dangers which might spring
from continued and final disagreement
between the two Houses of Congress"
aad was accepted by the Democrats in
the belief that justice would be done and
an honest decision rendered against
fraud" ACquiescence in the award Of
the Commission Is, therefore, very dit.
terent thing from condoning or justify
ing the wrong perpetrated IN substltut-
mo the voice of fraudulent returning
boards for that of the people OF the States
which were practically distranchlsed by
their action. "To scquiesce without Il
protest" saws Judge BLACK, 'to confess
tacitly that the wrong Is right and the
evil y good that is out Of the question
In discussing the whole subject with
great plainuess OF speech, we 10 not
only obey an impulse but perform "a
duty"
Judge BLACKS discussion ofthe Louisi.
ana case, TO which he devotes the most
space a being the case with the facts
and law, of which he says Mr. SToUGu.
TON, rs one Of Mr.. SHERMAN's visiting
committee ought presumably to be best
acquainted, If it adds nothing new by
wav OF argument or illustration to what
| mas already been said and written upon
,hat subject, deserves 70 be read with fresh
interest on account OF the answer it makes
to Judge STKoEG's suggestion contained
IN his letter to the Hon. GEORGE W.
JONES, written just after the decis-
ion in the Louisiana case, but only lately
published. Judge STRONG wrote tnat,
while he feared thst % great wryns mad
been done in the Louisiana ctso-tnat Is,
as he has since explained, by the Return
ing Board, not by the CommissIon--lt
was q wrong without a remedy; Con-
gress, and the Commission as its dele
gate and creature had no power to revise
the returns of State election for State
electors. This argument, stated III the
form Of q syllogism, would be, rs Judge
BLACK says, congress gave the Com
mission no power but what the two
houses might have exercised themselves;
the two houses had no authority to re-
wise election returns from any State;
srgo. the commission must receive false,
fraudulent and void certificate is if !.
were a real return, true and valid The
converse proposition for which Judge
! BLACK contends, and stated in his own
vigorous wsy, is, Congress has power,
clear and uuquestioL able, 70. to revise
the action Of the State authorities for the
purpose of correcting their errors, but to
ascertain whether n paper pretending to
b., a return is a real return o. fraud. IL
/ the two houses are 10 cCuut the votes
they must have the verifying power
which enables them to determine what
are votes and what are not-a trGud or
a forgery is not a rOts.
Fehrenbach'x Goose Cooked.