The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-10
AFRAID or THE TnvTH.
Whit nGr. Evarss Said Before the Electoral
Cammsston.
TChisnvo tTimse,1


Whit DIR. Evarts said Before the Electoral
Commission.
[Chicago Times.1
Mr.. Evarts' argument before the Elec-
toral Commission puts the case OF Mr..
Hayes In o very disagreeable light. Mr..
O'Conor, presenting the. case for the
Tilden electors, said In effect: We say
that the Tiden electors In Florida were
actually and lawfully appointed. We
appeal TO nothing but the truth. We
facts and the law. We ask nothing.
seek nothing but what is true In fact,
right In law, and just in the Judgment
OF fair and honest men.
Mr.. Evarts put tho case or his client
upon very different basis. To inquire
who were actually and lawfully up.
pointed electors In Florida would, he
commended. be iDoonvenient. Moreover,
the commission had no authority to in
uuire as 20 the facts and tho truth. The
only evidence for the com mission to
consider was the decision OF The State
eanyassers! Whether tho State can
yasgers transcended their authority
and decided lrauduleutly and cor
raptly, or truly and honestly. tho com
mission could not ask. II the con-
yassefs decided that persons were
elected who were not elected, who were
not even voted for, who were disguali.
fled from being elected or appointed,
nevertheless their decision was conclu
siyo upon Congress and upon the
nation Tho process must go on OF
counting such fraudulent and false
votes ''It disqualified oleoto4 has
passed the observation OF tho voters in
The State passed the observation OF
mr.
have been provided in law, In ex.
Guiding from actual election, or for an.
nullng any apparent right when
these are ali ovcrpnst, and tho false,
fraudulent and invalid vote Islands on
the presentation aud Authorization Of
the certificates OF tho" false. fraudulent
and bogus ELECTORS themselves, it
must stand interchangeable and unim-
penchuhle iherel' The language
quoted was Mr.. Evarts' own language.
He predicHfpd the case OF his client en-.
tireiy ulou the fact that certain per.
sons voted for him who were decided to
have been appointed aud qualified rs
electors by ,Ae State canvassers. What
ever frauds, whatever violations OF law,
whatever arbitrary acts done outside OF
their official authority and in violation
OF all laws of the land, the rotten re-
turning boards may have committed,
must stand rs acts lawfully done, and
MFR. Hayes was entitled to the benefit or
them Instead Of resting his cause
upon the truth and the right, in fact
and in law. Mr.. Evarts saw fit TO boldly
assert The revolutionary and infamous
doctrine that the national executive
may be appointed by the bribery of
local canvassing minister, and that the
nation has no power to prevent the con-
summation OF the villainy. Upon such
n basis the leading attorney for Mr..
HAYES saw fl to rest his case.
Such an argument must be regarded
by ell fair-minded men us u virtual con
fession by the leading attorney for Mr..
HAYES that upon tho facts and the law
the case Of his client is u worthless case.
He Is not willing to submit his case
upon the facts. He is not willing to
submit to judgment upon tho basis OF
truth and right. He dare not appeal to
the justice or his cause. He demands
Judgment IN his favor upon legal tech
nicaity, n political bubble, well know
ing that behind 1t his cause is fraud and
rottenness.
Three months ago, 1t was vehemently
declared by some of the party spokes-
men for Mr.. Hayes that he would never
consent to assume the presidential
Office upon any basis tainted by even
suspicion Of fraud. The declaration was
mere expression OF partisan hypocrisy,
as facts very soon proved. The con-
Guiding proof has been furnished by the
leading counsel for Mr.. Hayes, who
contends that the truth cannot be given
In evidence, and rests the case or his
client upon an assertion OF his right to
be counted In" upon u basis not only
tainted with tho suspicion OF fraud. but
damned by the most positive proof or
fraud Mr.. Hayes and his lawyers can
not and dare not meet the truth. They
know that upon the truth they have no
case.
Asarule public opinion and sympathy
are on the side OF truth and honesty.
The man who seeks to gain advantage
by falsehood, or by concealment or
evasion OF what is true, society Is apt to
regard suspiciously, as rogues are re-
garded. The suitor, or his attorney,
who seeks to exclude the truth from
evidence and rests his cause upon u
denial that the truth ought TO be proved,
Is very apt to find the conscience OF the
Jury against him. SO Mr.. EVarts and
his client will find the conscience OF the
American people. BY his attempt to
exclude the truth from evidence, de-
mandiug Judgment for his client upon u
mere technical form behind which is
both the truth and the falsehood, the
real and the rotten and corrupt, Mr..
Eyarts has damned the cause OF Mr..
Hayes in the conscience OF an upright
people.