The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1877-02-28

iSt. Louis Republican,

1t is grave mpeac ment of the per-
sonal integrity of the light Republican
members OF The Electori Commission to
say that every one of hem took his seat
on the bench with his mind made up be
iorchand to decide the presidential dispute
in favor Of Hayes and Wheeler without
any regard whatever to he merits. Moth
ing worse Of them could he said. 1t inns
plies that least pardonaUe Of all official
crimes-judicial injustie; it implies re-
crsancy TO solemn public trust: it i'm
plies uniruthfulhess. dWlicity, hypocrisy
and wilIul disregard Of an oath. A
charge meaning all thee things ought
not to be made against eght distinguished
personages, lightly nor rashly, nor with
ont ample warrant. Let us do these
eight distinguished persons no injustice;
let us do them full justice, and that We
may do them full justice, let us Judge
them by their own words and acts. They
have made their OWL rcord-an imper-
ishable record. Let Is dismiss every
thing else for the present and see if that
furnishes any proof Of the accusation
brought against them.
Tine first case decided ~ the Commits
sion was that Of Florida, and in deciding
it in favor of Hayes AMI Wheeler the
Commission gave the Eea'on for so doing:
"That it is not COMPETENT. under the
Constitution aud the Law as it existed at
the date of the passage OF said act, to so
into evidence alirnde on the papers opens
ed by the president of tie Senate in the
presence OF the two houses to prove that
other persons than those regularly certi~
liel TO 10y the governor of the State Of
Florida, m and according 10 the dcterDind>
non S'd declaration Of thar appointment by
he B a Il IF State ClnraSsrs OF said State
prior 10 the time required for the perfor-
nance Of their duties, hsd been appoint
cd electors.
The words we have marked in italics
are most extraordinary part of the reas.
on given. Why were they added? Why
did not the Commissioners stop at the
word "Florida," and thus say II was
not cor,petent for them to go behind the
official certificate of the governor OF the
State! The governor certified that the
four Hayes electors were chosen, and this
was all the necessities required in that
case. Why were the commissioners not
content with it? Why did they go be-
hind the Florida case to decide the Ore
gon case? Had they simply declared that
tGes had no Tish; to 40 behind the GER
tifcate Of the governor, this would have
heen an aNz0i,,.s all exhaustive decision
ct that part OF the contest. But they
were careful not TO limit themselves in
this way. They took great pains to de-
clare that it was not competent to go be-
hind the certificate Of the governor, issued
"arrcr(iHg 10 The determination and decLra-
ton or tie Board Of State Cdarossl--s.
These words we're added to reach the Or
egon case. 1t is impossible to resist this
conclusion. If they were not added to
reach the Oregon case, they have no bust
mesa in the statement. they are sur, lus-
age and destructive of that severe sym>
metry which governs Judicial orders and
decisions. Courts are very careful not to
decide cascs net before them; they are
very careful to say no more than the
question imperatively demands. But
this rule was deliberately violated by the
Commission in the Florida case. They
saw the Oregon question beyond it. In
Oregon the governors certificate gave one
electoral vote to Tilden and elected him
II, therefore, the Commission had merely
said in the Florida case that it would not
go behind the governors certificate one OF
the Oregon votes would have been lost to
Hayes and he would have been defeated.
The commissioners had no right to fore>
see this; they had no right to consider
case. not yet before them. But they did
forcsce it; they did consider a case not
yet before them-snd they framed the
Florida.decision so as to get Oregon. The
election of Hayes absolutely required that
the governors certificate should be got
out of the way-required that the COM
mlssioners should go behind the govern
ors certificate in that case; and therefore
they declared in the first decision made.
that they would not go behind the gov
ernors certificate except to see that it was
issued according TO the determination
and declaration OF the board of State can
vssser. The only State canvasser
in Oregon is the secretary of State,
and his statement shows that Watts, the
alleged ineligible Republican elector, had
higher number of votes than Cronin,
the Democratic candidate certified to have
been elected by the governor. The eight
commissioners deliberately framed their
Florida decision, therefore, to cover the
totally diverse case of Oregon, and thus to
secure the disputed votes of both States
for Hayes. The accusation brought
against them is true. They did PREJUDICE
all the points in the controversy; they
did take their seats with their minds al
ready made up to decide in favor of Hayes
and their own inefiaeeable record
proves it. ...
The chap had legs like pair of slate
pencils. Small boy yelled to another