The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-12


it that savored Of faith in Divine Providence.
Tie title Of President Hayes. who will become
President by the doctrine of cstoppel, results
from u trick worthy ol that heather deity who
Is the patron Of all devices that take no account Of
truth and righteousness BY a bare majority of
one vote. the Electoral Commission has decided
that the people Vt Florida are cstoppcd, 10y the
certificate Of the Governor and the dec
laration OF tho Board Of State Canvass
ers. from showing that tho certificate
asserts n falsehood. and that tho declara-
ton Of the State Canvassers is fraud
This is an allrmancc of tho monstrous
claim that WIS made unblushingly by the
leading Republican advocate before that
tribunal. that no matter how fraudulent may
have been the declaration Of the canvassers. or
how false in fact tho certificate OF the Governor
no matter how great may have boon the ma
jority of the popular wore actually received By
the Tllden electors, or now palpAblc may have
been the frauds by which TINT majority wns
converted into pretended majority for the
Hayes electprs-thc truth cannot be shown
against the Governor $ certificate ana the can-
ynssers declaration. So that we are to liuvc Z
President made bv force Of the technical doe
trne OF estOppc II the Electoral Comm ssion
goes on and applies this precedent, 10y ,tri't
party vote. through III the cases in which there
Let this application Of the principle ~ cstop
pei To- the people OF a State in tn" matter Of mp
pointing Presidential electors be examined.
- borrowed from tech nical rule Of law, which
declares that If a man has asserted a fact under
ted aiterward to show that il WIS not fact. al
tnoush ne may be tnereby precluded from
into our constituisina law, in i,s ' utmost rpor'
and appiedtO the people Of a State upon ques-
ton Of whom they have appointed To- cast their
electoral votes Tor President Of the United
States. doctrine, q technical law, that
was originally designed for and has
determine questions If property. rhat rule is
this: A conveys an estate 70 Is. with warranty
OF titles neither nor his heirs can ufterward
be permitted to show that he did not own the
estate at the time he made his decd; and II he
aterward acquires title to the estate that title
enurcs. through the estoppel Of AS deed to
the benefit Of Is and BIS heirs. This rule is now
applied 10 an instrument signed the Governor
were appointed Presidential electors. because
certain other state officers assorted or certified
be shown with perfoct certainty that the asser-
ton Is utterly false.
The first thing that strikes any man accus-
toned 10 consider the wide distinction between
rules of law that regulate political and consttu-
tional rights, and the rules OF law that regulqte
rights Of property. ia the enormous lneongruity
between a rule that was established for the pur-
pose of making transfers OF property accom-
by sm Win. .es III hrV ynnoe AMI rs ,sbich is
to- regulate the exercise OF the political ana CON
sttutional rights Of the sovereign people ola
necessarily influenced, in making the purchase
10y the solemn assertion of the yender that
lie has "a title, ana therefore the Nender. IN good
faith and fair dealing is forever thereafter pre-
Guided from gainsaying his own title. or con-
traditing his own assertion. But now cnn
this philosophy OF the doctrine of cstoppel be-
applied to thu exercise by the whole people Of u
State, of political, rights and constitutional
privileges Who has been influenced to ar-
quirc anything by the assertion ot the Cover
nor Of Florida that certain persons were APP
pointed electors Of that state Who loses any,
thing which in good iaith and fair dealing he
ought TO bc permitted 10 retain. II the people OF
Florida are permitted n show that they did in
truth appoint another set Of eectorsf Is II TO be
SAID thatthe Republican electors acquired Alright
To- their Offices by the certificate of the Governor.
and that that certificate il the deed and aSser-
ton of the people OF the Statef These offices
were not Offices ot profit or cmolument, or prop
created for q great political purpose. in order
that the machinery Of an elective and constItu-
tionai Government might be perpetuated. The
the Governors certificate no Estates in
their offices which bear the slightest analogy
when he takes a deed with warranty Of title.
They acquire. prufid fdcie. right 10 exercise IA
public trust. and nothing more. Even of this
they were not purchlscrs. Nothing Whatever
| IL any ono ont of The state on tie faiih Of th.
Governors certificate. Looking AT the certiil-
cato alone. they appear To have been apo ut ii
10 exercise public trust Tor the people II the
state. The people of the state came forward
and say We never appointed you: the certificate
| i false. II the people are permitted t. show
/ this. what do these persons lose that in good
/ iaith ami inir dealing they ought Ia ,' allowed
] 10 retain The whole reason and philosophy
| Of the doctrine Of estoppel. which are founded
/ IN tle consideration thht somrming mas
| been purchased. in reliance ON the good faith Of
solemn assertions by deed. can have no appilca-
| ton 10 any appointments ior the cArrcl-e OF po-
| llticil and public trusts How Is tthat this dis
| tnrlon has failed To- be- re-OguiInl hy such
lurists H. Strong. Miller. and Bradley. justices
| Oi the supreme COURT viii tnoy. or any OF
| Mom, favor the country sooner or Inter with the
! reasoning that will show why tho people of
| flpridn are e-topped under the Constitution and
! tho ilW existing at the pn--ilge OF the Electoral
! Nniiiih son irll rom showing tnl t.rlt ,ioV-
/ state eanvas-ers commit ii fraud Nul ihry
/ explain how II i that a lrsal doctrine which :
/ borrowed from tn" rules that EpN. I'm tn a'qui-
sition OF properly. Is applicable To- appoint
ments TO offices OF public iru-tY
But let Us follow this do .Irinc Of csioJpol n
lily -ratei by The late judge Ne.on; The doe
/ trine is founded, when properly applied. upon
the highest principles OF morality, AMI re'om-
| mrnls itself O. tile'rpmmon sense and Justice ~
every one. AMI although 1t dehars the truth in
] the particular ,Nsr. and therefore rs not unfra-
qucntiy cAaract"rl1el Hs OdiOu-. still il should
] 30" remembered that IL drhars II only in the cnsc
/ when its utternnee would convict the party Of a
/ previous ialsrnood. would he the d"nl,h oi a
| previous ALIENATION upon the iaith ol Whirh
/ PERSONS lnd dealt and p,edsed their credit or
expended their money. II ~ n u uctrine, there
| fore. when properly understood and applied.
/ ulAt cOurludH the truth in order 70 prevent
/ fraud and falS-hood. Hnd imposes silen' on a
party when IN conscience AMI honesty he should
/ not be allowed To- speak" Nan Reusscsler vs..
/ kgnrney, II Howard. 2l7D
Passing over IN" ineongruity OF applying this
doctrine 70 appointments TO places OF political
and public trusts Let - run out rs appli..a-
] ton 10 the cuss Of the Florida electors First
/ II work an stopped that is 10 dehar tho truth
in particular case. there must hr something Of
p"runery value acquired 10y grnntee from a
/ grHnior. Moth NJ ol this nature is acquired 10y
tial elec'or. Se'on ITO work an rstoppc. thai
Is To- dchar the truth, there must hn som" rrpre-
sontaton of q IA {, 10y the party who = tp h' DO
barred from showing that such wis not tho
n @av be G %ao S fa1F be mt oSysrn@r Of 'An
state Is t. bi deemed the at and repre-