, 1877-09-03
Mr.. Stoughton's Reply to Judge
Black.
"tThe Electoral.Conspi1acy' Bubble
Exploded
The Aeticn Of Congress Ia The Organization Of
tho Electoral Commission.
4 Roview Of tho Caso- Of Louisiana and
Florida,


american Eeoit.r, bcgins with arralun1ue'.t Of
Judge Dlack's political career. After quoting
lhc sentences In which lies tho gist Of Judge
Blacks accusation, Atr. atoughton says:
Consider now tic position Of The country in
reference 10 this question. The Senate WIS Re.
publiean by n considerable majority: the lloalso
democratic BY large majority. The President
Of tho Senate WAS an earnest Republican. enter.
tasutng tho opinion tl,at he had tho power to
count autl declare the votc, rs was done in the
case of Gen. Washington. anil Of several sue
cccdtng Presidents. a large majority Of tho
democrats believed that, II permitted 10 perform
that duty, he would decide Mcssrs. l1aycs anl
Wheeler elected. They resolved to prevent
this. Eminent Republican members Of tho
Senate and House Of Representatives, who con-
cured In tho opinion that tho power to count
the Electoral vote was vested fit tho two Houses.
wcru willing to a!d In dcsistng some scl'cme by
which President and yicc-l'residcnt could bo
declared elected: for It wus not 1lope1, much
tcsa expected, that hoth Houses would concur III
counting or rejecting tho voic Of either Of the
contested statcs.-thc rejection Of even ono
Icing surc to result IN tho election Of 'rildcn
aud Hendricks. while to count al! aA returned
would u certainly elect thcis opponents. It
was
A CRITICAL rEnioD
In the history vi the country. The political ad-
vantage was, however, In favor Of the 1tcpuu-
lIcans. a majority Of the Electors regularly re.
turned In pursuance ef the laws VI tic several
States were Republican. The vast majority ri
that party firmly believed it to be the duty IT
the President OF tile srnalc to count and lc-
tIarc the Electoral votes Us returned. They.
mcthnl az unvonstitutlona1. and ~ involving u
pGsttblc. II not probable, surrender Of the att-
yantagcs glincd III cnnsuss Of a]u0st unufcec.
lent. seyer.y TIC twI nts; s; wefS si 'cr A.
and many Eont citizens, many lcnhnE stAtcs+
men and politicians Of batll parties. forctaw, rs
tloy thought, IN TIC crisis impending, Grcat
danger to tlIo peace AMI security u tnc Nation,
inE ttc contested Electoral votc. To attain
tlla, sonc Of the ablrst inlcltccts on both stiles
In thu sclute a,il llousc werc .emp!oycd, ai!d
The Eicctoral lit was ticylaed. It encountered
the tec!llcI opposition VI some OF thu must
tncut Republican r,csnbcrs Of tue two Houses:
The ehoscu confidential friends, the appointed
hencin'cn. of, the Democratic candidates for
lrcsticnt aud Vscc-l'rcsldcnt, were earnestly
engaged III framing and amending thu
bi!l until 1t attained Tho lori, III
whs By Gs,tr ne%DsFatac ..cTMnt yolo almoss .ne
Democratic Senator opposlng 1t. while III
the House 1t received in its fnypr 19t votes to
tH agnnst 1t. 1t Is. Indeed, uhlentallU Tint the
EGGtUT1l Commission WIS Ill q lhEEE uEEIcC lllt
CREATION AND OfrsrltlHu or THE DEMO
its Trading members uniting lor that purpose
With patriotic Republicans WillnEto surrender
apolstlSa aynntasc - sceuTo stc peace aa
as they believed. By thrrass Of Democratic Lead
ers, wlo nstvr,cd TINT II tlc ReputlEcan candt-
dates should be declared oacctcl bY tho Frcs1-
would proceed to clect and forcltly tnstall I'll
W "And A here ls's wo ask, what |. the Electoral
Conspiracy which a!r. Black f!annts Mt the hcal
mud organization oi tic Electoral Co,n!i!isstoni
II I. did, who were tic conssatoFsi shall
venture to huy it conststcd oF something clac,
vii c tel Us Of Whati iic inteeu, ws ts.. r.
Impression that the formation. Of tic
Commission was tho result Of Kc.
pu'San ,,s1 ,sopsp1asy fraasny elsss t
rntsa tS'!sas statcs'mearciaiiy @ s,'nseans tie tie
. fact that II waa not only Tie result Of u com.
promise, hut Of one urged upon Republicans aa
t!c only llcaHs Of nycrting dangers to the
country threatened by tl,c.r pulltIral opponents.
Theau, aud not Republicans, were thu cotsp1ra'
tors, II conspiracy there was. Thu lancnta-
tiona, complaints, bud dcnunclatsans OF Judgo
Black aru not, antIcr. the, circumstances, to te
ron,nent.ct'. Men, after being worstel IL! full
e,;vouu1rr, especially II they l,ayc llnd thr
el',,!ec OF weapons, rarely Whine or cai'
lhe power ol tae otAto 10 hppo!ht L4eclo5s
being .,. ...-..-.....--.
VESTED ExcI.uslvELr IN THE LEGISLATURE,
anl hot IN tic vupla ot tic several statcs, and
The unly constitutional power Of Con4resa
appointment and Of giving their yoics. It fol
lows that, NJ I!iattcr by what mode ~ hu1leE
70 what conditions tte state legislature sl'a!
direct Their appointment, rs .ctcsninal!o" !:
OF Massaetuscst. sIon!d-as has btcn dung
NC believe, In sputh CarolIua-choos'
ELECTORS by the yotcs of It's own taos'I
tcrs, Or authorize tic J.'ssicrs of Its sunrctn'
holy consisting OF three or nttre canvasss'tlt
olllce1s SHOULD examine the votes east 70
Electors A.sd certify which wers lawful and win
wrru elected, such certificate. " shat "i ~ ~
Ter u TIC Legislature, 1T thv cascs supposed
would he decisive evidence OF the npi''ltitlnen
Of Electors III tho raallncr directed ny tho l.e!;
ialaturc, and would bo ltnal al,A conclusive upo
Congress or any other tribunal empowered I
count u,il DECLARE ti!G E!eGtur4l ypte. Nj
would thu cfIc;t Ut t.l!s be changed II by IN
law. Ut btutc tllc canvassing 0'lsecrs wcr
a In tcir Judgment l,a,l bccl. frauducntl
cast, Vi tlo:o va>s III y town Or district Wher.
" reason Of fraud, violencc, intsmI1lalton!;, -,
murder, d fur c!estion lad not lcen hclu. III
Iower VI d Legislature u ctnfcr sucl. authorlt
cannht bo doubted, unu thr choice Of Elcctor1
tnntlucupcd by fraud, yiolcnec, tntitnldatlal
Or Or murder, seems ~ appropr'ats an Just netf
VIZ VI SECURING tuEaF appointments
"Takc, by way of Illustration,
TIEE GAhE or LOUISIANA.
ITS Legislature Au4 directed tAt live rryko5
should be the returning officers for ull eluctluI
IN tlc State, majority u whom shall col.l
tuta ruoruu and hare that poWcf. Ihey VII
to lnect IN New Orleans, receive trum The Coi
lnssioters Of Election the statements by the
made OF the votes cast at the various l,ol
throughout tho statc, canvas and compile Il
6atie III duptcatc,-One tupy ot Wl!ieh III
Mers to tilc with ela Secretary Of ssatc, and
ine vtlIrr to ulake public proclamation By pfiil
inS IL the oliclsi journal anu ethcs newspaper
~ w!siel' shgy we're u dcs!arc thc natnes ol
votes for cnrh pcrson, and tic naiIlts of psrsU
,laIy and lawfully elected. The returns Of clc
lions thus inatlc and promulgated were dcrlaT'
~ Iu evidence, III all courts vi 1ustico und
iuso ull civil ot!curs, Of thu right Ut any l@rss
nllncd thescn tn lluld and cxrrt!se the otfiee
~li!sll by sucl scturn hp Was declared elected.
"1he power VI the Legislature TO pass such
Law cainot By doubted. 1ls Validity, aid {
eune!u&lrc cGort due to tic ay,ion. Ut tlc u
turning Doaru illus constituted, hayc b.
p:.ssed upon By tho Supreme Court Of Loui