The daily gazette., 1877-11-01
(From the Philadelphia Times, Oct. 81 }
A REMARKABLE LETTER.


Jones, OF Tennessee, prominent Con-
gresham from that State before the war,
giving the points OF letter he addressed
TO Justice Strong, OF the United States Su-
preme Court, during the sitting OF the
Electoral Commission, and Judge Strong's
reply. Mr.. Jones served with Judge Strong
in Congress; their relations were those of
intimate friends and they were members
OF the same political party. He therefore
felt at liberty to write TO Judge Strong
with freedom and he gives the substance
of his letter in the following paragraph;
When you and were in Congress togeth
or you were Democrat, and regarded as
an honest man. Do you believe that the
people OF Louisiana elected or voted for
the Hayes electorsf
To this pointed inquiry Judge Strong
answered on the 10Th of February by the
following remarkable letter:
WAsHINGrGN Feb. 26, 1877.
THE HON. GEO. w JoNES-My Dear Sir
Il was Democrat when you and were
together in Congress. 1 am q Democrat
now. hold to all the opinions the States
Rights Democrats have always held, and
which the acknowledged leaders OF the
ter-never more clearly than in 1873 TO 1875.
al do not believe that Congress has any
constitutional right to inquire into State
elections for State electors. Congress has
OF late years interferred quite too much
with the States. The Electoral Commits
sion has no m ore power than Congress has,
and think IL would be a most dangerous
usurpation were 1t to do what the States
alone have right TO 90, even to cure what
fear was great wrong OF the Louisiana
Returning toard.
IL cannot doubt that such will be your
opinion when you reflect to what the asser.
tion of such a power would lead. 1t would
place the right of the States, respecting the
choice of electors, at the mercy of the Fede-
raj Government, and be the greatest stride
ever made toward centralization.
Better suffer present evil than open
such a door, better than abandon all the
time -honored principles of the Democratic
party.
al am yours, very respectfully,
wv. STRONG"
Judge StIong's letter cannot fail to pro-
woke very general criticism, but 1t must do
much more. It will recall the country TO
the renewed consideration OF the strange
results of the Electoral commission, and
cause more searching inquiry than ever
before into the influences which procured a
solemn judgment against the verdict of the
nation and gave the high sanction of law
to the "great wrong of the Louisiana Re-
turning Board" With Judge Strong's Judi
cial deliverance in the Louisiana case, the
country had schooled itself to tolerable con-
tent, because of the general appreciation of
the faithful judicial qualities whichbrought
him TO his decision, however mistakenly
they may have been exercised but this
letter to Mr.. Jones exhibits the special
pleading of the politician and presents him.
self in tho questionable attitude of having
given one reason for his Judgment in the
most important case he has ever decided
while, in point of fact, he decided 1t on es-
sentially different grounds. Judge Strong
was once a Democrat in good standing In
tho party. As such he was elected 10 Con-
grsss and chosen Supreme Judge of Penn
sylyania but he revolted against "all the
opinions the State Rights Democrats have
always held" in his celebrated judicia,
opinion in favor OF the constitutionality oil
the national conscription act. In that case
he took issue with his Democratic Asso-
ciates, the then Chief Justice Lowrie and
he latter Chief Justice Woodward, and by
that action separated himself from the
Democratic party on the distinct issue OF
opposition to "the opinions of the State
Rights Democrats" His hostility to the
doctrine of State Rights made him subor
| dinate the. sovereignty of Pennsylvania Il
| the conscription act of the Federal Gov
| ernment, in direct antagonism to the tea ch
ings OF the Democracy, and he carried 1t u
its logical conclusion by voting for tn
Republican candidate for Governor tha
year against one of his brethren on tn
bench. Thenceforth Judge Strong was nc
regarded as Democrat by either party
and when President Grant called him :
the Supreme Court of the United States b
was judged, alike by his political an
judicial record, and by all his political prc
LESSONS and acts. as an earnest opponent {
every phase of call the opinions the Stat
: Rights Democrats have always held,b
1t isunfortunate for Judge Strong, unfo
'unate fer the Supreme Judiciary of IL
nation and unfortunatefor the country, tn,
this letter WAS ever written and publishe,
1t must deepen the already deep distrust
the people in our highest judicial tribuns
and irritate the sleepless unrest that h,
fingered over the formal sanction given
, the "great wrong of the louisiana Retur
n ing Roard." 1t will be a sorry explanatic
Il to go out TO the civilized world In defen
4 of what the enlightened Judgment of a
q nations has condemned as a monstro,
judicial wrong and when it is judg,
from the stand point OF Judge Strong's le
ter, ii is stripped of the few qualities whi,
4 }made man respect 1t. IfJudge Strong ST
Il cerely stood on "the opinions the Sta
k Rights Democrats have always held .nl
t had no choice in the Florida dispute b
to count Its electoral votes for Tilden, f
the then admitted lawful authority of u
9 State had so certified 1t In obedience to Il
judgment OF the courts in their final int
pretation of their own State laws IT.
2 path there was so plain, from the Sta
Rights faith, that there could be no hesit
y ton, no doubt whatever /; and the san
r doctrine would have made him Sanction
"a great wrong" in Oregon and count b
two Electoral votes for Hayes, when h
il people had honestly elected three or ,
leI reasons given In excuse OF the jud lciai sau
= ton of the Louisiana fraud, that of dey
ton to the doctrine of Sta e rights is les
plausible, and 1t proves how utterly wit
u out substantial excuse was the decision
ly Iavor OF the Hayes electors In that Stat
n Doubtless Judge Strong never intended
nj expected That the letter should bel given
~ the publlc bul here 1t is in all its max,
y ness and heiplessness, and 1t comes inc
10 portunely as the unbidden guest and mi
remain as perpetual skeleton In the iu
oti c1al household of The nation.
AfI I