The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-07
IT. Can Go Behind the Returning Board
certificates.
Every In iyidual supposed Capable Oh
Determining for Whom He wiz Nete,
and Protecting Himself in Voting.
Tho Vote of Florida VIII Probably III
Thrown Out by tho Commission.
The Morrison Committee Seen 10 Report.
tspe, ial to Tho n. o. Democrat.1

WASHINGTON. rep b.-1 unAi} ioSiihS
here has been wrought UP to high
pitch several times to-day by the cir
culation of canards respecting the do
cision of the tribunal. Every fifteen
minutes some wag would be seen rush
ing along the corridors of the Capitol
building with mysterious expression
on his face, and when he met an ac-
ouaintance he would say, loud enough
to be heard by the crowd around: The
tribunal has reached decision. must
20 and telegraph to Tilden " (or Hayes,
as the case might be. Then he would
rush away, and the vast crowd in the
rotHnda and corridors would surge
after him like an audience trying to get
out of theater on fire.
The joke was repeated dozen ii mes
during the afternoon and every time
the crowd bit at it as regular as they did
at first.
This will enable you to form @ faint
shadow Of the interest felt here. The
town Is rapidly filing up with promi-
nent politicians Of both parties. Hotels
are crowded and private rooms are in
great demand. Everybody is quiet and
rderly. but there is among Democrats
an undercurrent Of stern determination
not to let their rights be trifled with,
and among the Republicans feeling
OF savage dissatisfaction at the turn
things have taken, which shows how
easy it would have been to have aroused
a warllke spirit had the two houses
auarreled over the count, and how near
we were to civil war when the passage
Of the electoral bill averted strife and
calmed the passions Of partisans.
There is reason to believe the tribunal
will report tomorrow at three o'clock,
in an elaborate written opinion after the
fashion of the Supreme Court, but what
the report will be cannot be stated with
certainty. ! have authority, which is
D robably as good as any that can be had
for the statement that the opinion will
be in favor Of going behind the face ol
| tho certificates, in order to ascertain
whether the returns as they came from
the people were properly aggregated by
the returning officers Of the States, and
the result properly certified to Congress
that the Jurisdiction Of the tribunal
stops here, and that no cognzance can
be taken Of the influences under which
votes were cast by individuals.
Tho theory of this decision will be
that tho will Of the people is con
Clusively indicated by the face Of the
returns from the local polling places
and that no board or tribunal can 6
behind such returns to examine into
the action Of individuals on election
day. This theory is based upon the
doctrine that, under the spirit Of oul
institutions, every individual voter il
supposed to be Intellectually capable
Of determining for whom he will cas-
his vote. and physically capable Of pro
tecting him self in the exercise Of sucE
determination. This is the substantial
ground taken by the Supreme Conr
last winter in deciding the enforcemen
acts unconstitutional.
It must not be understood that thi!
report Of the tribunal goes to decide
, whether Tilden or Hayes is entitled t
t the electoral vote Of Florida, but sim
ply to determine on method Of ascer
: tanning that point by subsequent dell
berations. This method Of ascertain
ing tho vote will probably be by having
, filed with the commission the written
evidence as tothe action Of the Return
ing Board in throwing out the votes
together with the original returns
, showing what the popular vote actuall,
, was, and then hearing argument on qn4'
} 1CnTranto as to the authority by which
. the boards throw out the returns from
the people.
This opinion or report, / am told,
will pass the tribunal by q vote OF ter
to five, and perhaps eleven to four
Morton, Garfield, Frelinghuysen ant
Miller, with possibly Hoar, dissenting
II this be the opinion OF tho commits
sion, it is pretty safe to assume that the
vote Of Florida will be thrown out, be
cause there are two sets Of returns from
several counties In that State, beth pur
; porting to be the original returns, ant
: between which decision could not b'
} reached without going back to the
ballot box, which is beyond the juris
/ Gietion claimed by the tribunal; but the
, same rule would give Louisiana to Til
den, because evidence is now at hand
and il shape to be submitted to tht
tribunal showing that the face Of the
returns gave the State to TiIden, anc
that the returns we're altered by palpa.
BILE frauds. This survey may be found
inaccurate as to minor details when the
a atior nF thu trihnnaI ia ~ ada knour,