Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1877-11-07
An Extraordinary Letter from Mr..
Justice Strong.
Prom the New York Sun.

of the United States. He was one oil
the fifteen members who constituted
the Electoral Commission through
whose action Rutherford b. Hayes
was declared 10 he elected Presi-
dent of the United States. Had
Judge Strong, as member of that
Commission, voted the other way,
Mr.. Hayes would have been ex-
cluded from the Office of President.
1t is therefore to the vote of Judge
Strong that Mr.. Hayes owes his
office. The commission consisted OF
fifteen, of whom, leaving Judge
Strong in doubt, seven were for
Mr.. Hayes and seven were against
him. The grand result depended
upon the way Judge Strong should
vote. Under these circumstances,
and with such consequences hang
ing upon his vote, Judge Strong
made up his mind to vote for Mr.
Hayes.
In now appears, however-and
it appears by letter under his own
hand-that in arriving at this con-
clusion, Judge Strong was govern
ed by a strictly technical rule,
and that although he east the deter
mining vote in favor of Mr.. Hayes
for President, he does not believe,
and never did believe that Mr..
Hayes was lawfully elected to that
office The view taken by Judge
Strong was that Congress has no
right to inquire into State elections
for State electors that the Flee
toral Commission had no more
power than Congress had and so
he voted for Hayes although he
feared a great wrong had been per-
petrated by the Louisiana Return
ing Board F!
AL this fully appears in letter
addressed 10y Mr.. Justice Strong to
an old personal friend of his, the
Hon. George w. Jones of Tennes-
see. This letter, being entirely
upon public question of overshad-
owing Importance, has been for
warded to us by Mr.. Jones for
publication, and we print the two
letters, which are as follows, in full /;
Fayetteville, Tenn. Oct. ls, 1877.
"HoN. CHARLES A. DANA
DEAR SlR:-During the sitting
Of the Electoral Commission in
Washington last winter, ! wrote to
Mr.. Justice Strong of the United
States Supreme Court, and
member of the Commission, with
whom / had been associated form
erly in Congress. / did not keep
a copy of my letter, but addressing
him, wrote in substance a. follows:
"'When you and were in Con-
gress together you were a Demo-
crat, and regarded as an honest
man. Do you believe that the peo-
pie of louisiana elected or voted for
the Hayes electors Z
IL enclose herewith a copy of
Justice Strong's letter in response
TO mine. If you think bis letter
worth publishing. You are at liberty
TO give it to the public.
"In reply to Justice Strong's let
ter wrote: by the Constitution
of the United States it is provided
that Presidential electors shall he
appointed in such manner as shall be
prescribed by the State Liegisture !;
but the returns of electoral votes
are to be returned to the President
of the Senate. and shall be opened
in the presence of the two houses
of Congress, and be then counted.
Congress clearly has the right to
inquire and determine whether or
not the electors of the several
States had been appointed in the
manner prescribed by their respec-
tive States
81 never write secrets nor keep
copies of letters | write. And do
not believe that the official acts of
public servants and the reason for
their acts should be regarded as
private and secret. Very respect
fully yours,
sc. w. JONES"
Washington February goth, 1871.
"THE Hon. GEORGE w. JONES'
"MY DEAR SIR:-I was a Dem
ocrat when you and j were togeth-
er in Congress. | am Democrat
now. hold to all the opinions the
State Rights Democrats have al
ways held, and which the acknowl-
edged leaders Of the party have
avowed up to the present winter
never more clearly than In 1878 to
1875.
81 do not believe that Congress
has any constitutional right to in
auire into State elections for State
electors.
Congress has of late years IN
terfered quite too much with the
States. The Electoral Commission
has no more power than Congress
has, and / think il would he most
dangerous usurpation, we're it to