The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1877-02-16
The DCcision in the Florida Case.

The RCciSiGn in the Florida Case.
The preliminary decision by The ElcctoroI
Commission in the Florida case, that they
could moi go lehiEd The free Of the returns
from tie State, prepared the public ortheir
final judgment in tnvor Of the Hayes electors,
which was reached last Friday The vote
stood as before, eight Republicans 10 seven
Democrats, The odd man being Justice
Bradley The decision was committed to
the joint convention Of Congress on Satur-
day, and upon objections TO it, the houses
separated Tic Senate, by n strict party
vote, sustained The decision, The House did
not come to a vote up on 1t until Monday
when the Democrats voted solidy against it,
and the Republicans for it. Ii was accord.
inRly rejected by the House, but under the
act creating the commission, the concurrence
of both houses was necessary TO set aside tie
Judgment Of the Commission, and The four
votes Of Florida were therefore added to the
Hayes column.
The eligibility of Humphreys, a Hayes
eeclor, who, it was alleged, held federal
"pt''ibh' ~ va tit NihS vi tlClIDI, WIS ne
cided atilrmatively, the proof being that he
rendered his resigns ton a month prior to
the election. The Democrats did not expert
to prove his inelieiblity, hut merely desired
to commit the Commission to the prncpl,
of examining INTO the eligibility of several
of the Hayes electors in Louisiana, whose
cases come clearly and unequivocally within
the constitutional prohib lion against voting
for federal officers as electors
The strictly partisan vote by which The
votes of Florida we've given to Hayes has
strengthened the belief, which was pronounce
ed by the opponents of The scheme from the
first, that party Ties would prove st ronger
than the claims Of just ice. If the decision
is found on correct principles of law, it is
difficult &c conceive how the five Justices Of
the Supreme Court could be so nearly equal
ly divided in their opinions according to thci
known party prcdilectin If there had
been any division of sentiment on either side.
although the result might have been as i,
was, the Democrats would have acqulesced
more cheeriuly, and been disposed to regard
it as righteous Judgment As it is, The ver-
dict is tainted with the suspicion of having
been given upon party grounds rather then
upon the immulahlc principles of Justice.
The Commission, so far as we Gun see, did
not investigate The Florida case. They sim
ply, by party vote, construed the act i.I
the benefit of the Republicans, and then h,
l..
Hayes. 1t is a strange doctrine, even in po-
ltical ethics, as decided by the Republican
members Of the Commission, that if cor.
rupt returning board chooses to certify II
falsrhood, and an equally corrupt executive
Joins hands with them in throwing around
the fraud The formalities of law, no power
exists in or out OF the State to right the
wrong ar give utterancr TO the true voice
of the people, as expressed at the polls.
Nothing but the most narrow technical
ruling, and m utter disregard Of the act call
Ing the tribunal into existence, lust fies them
in giving the votes of Florida to Hayes,
against rie votes of her people actually casr
for Tilden. The Commissioners took an
oath 10 txamine, consider and Judge "whal
persons were duly Al pointed electors in such
State" Their decision then amounts To
this-ihal the people do not choose the cleo
tors, hut they are appointed Ivy the arbitrary
act of n returning board, whose dictum can
in no event be set aside.
The act of Congress, creating the Commits.
sion, conferred upon it the same power OF
investigation possessed by the two Houses
of Congress, which included, of course, the
duty of taking into consideration the reports
of the inv es igating committees sent To
Florida 10 examine the facts and circum
stances ait ending The cleo ion. The law was
accepted hy the people Of the country and
by n majority Of the committee who reported
it, rs empowering the Commiss on t. exam
inc, consider and judge who. among the con
testing electors, were the true electors of eacl
State submitted to them. II they Ind lait
aside, as it was hoped they would, all feel
ings of parisanship, and brought to thei
task the hig est qualities Ct patriulism ant
justice, their decision, although unpahtabl,
10 Democrats, would have been regarded Il,
sound. AS il is, it fails to con, nce men o
either party TINT it WIS founded upon iuslc,
aud law.