Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-01-31
The Commission---PrObable Result.

The Presidential scenei is changing so rap
idly, and the closing act is so near at hand,
that all speculation as to the probable result
seems useless. Nevertheless, men will specu-
late upon the subject, and the anxious inquiry
is forced upon every mind--will the commits
sion give the Presidency to Hayes or Tiden2
OF course there can be no certainty about
the issue. That the friends of each candi-
date still cherish high hopes concerning the
result is manifest from the discussions in
Congress and elsewhere. That the chances
of Tilden are supposed to be increased UNI
der the commission is evident from the ca
gerness with which the plan is seized upon
by the mass of the democratic party. The
presumption is that the members OF the
commission themselves, when the board is
filled, could not answer until they had ex-
amined the subject. But our firm convic-
ton of the strength and justice of Governor
Hayes title both in law and in equity, is so
clear and firm that we believe any fair tri-
bunal which comes to the subject with a ju-
dicial mind will affirm and establish it. The
decisive question lying on the surface and
which must necessarily be first considered
by the commission, will be this Is there
any power to go behind the regularly au-
thenticated certificate of a state And we
have the utmost confidence that as a matter
of law, the commission will decide this ques-
ton in the negative. The constitution pro-
vides that each state shall appoint its cleo
tors as its Legislature may direct. 1t clearly
means, not only to give the state full control,
but to make its declaration final as to its own
vote. With this provision of the constitu-
ton standing out so clear and unmistakable,
we do not see how the commission can help
deciding that the declaration of the state,
made in accordance with the provisions of
its own law, is conclusive. And if So that
gives the Presidency to Governor Hayes.
Surprising, however, under its liberal
powers, the commission decides to go be-
You'd the law and inquire into the equity
of the case-what then ? The claim of
Governor Hayes seems as strong here as in
law. Take the case of Louisiana, which is
really the only state about which there can
be any show of controversy If the commits
sion should decide that the regularly anthem
ticated certificate of the state is conclusive,
Louisiana must be counted for Hayes. But
if it determines to go behind the certificate,
it still can only set aside the declaration of
the state authorities upon the clearest proof
that it is fraudulent and wrong. How can this
be shown? The mere face of the returns
will not be decisive And in case the COM
mission claims the power to go behind the
face of the return from the state it will
hardly want to deny the state the right to
go behind the returns from the parishes.
That being so, the only way it can disregard
the declaration of the state authorities is,
for itself to examine into the election, and
assume to decide that the official returns do
not express the real voice of the people. But
to this there are two obstacles. In the first
place, the commission has neither the time
nor the agencies to make such an examina-
ton. And, in the second place, if it had,
the result would, unquestionably, sustain
any impartial investigation, sufficiently thor
ough to warrant the setting aside the legally
authenticated decision of the state, would
find abundant cause for confirming that
decision.
This, then, is the summing up of the mat
ter. The commission must either accept the
regular certificate of the state as final, or
must assume arbitrarily to throw it out and
deprive it of any participation in the election
There is no justifable ground upon which
it can adopt the latter alternative. And
the former leads inevitably to the declara
ton that Governor Hayes is elected
Our readers will find the full particulars
of the action of Congress, the Presidents
message, and the views of the leading states
men in the country, in another portion of
this page,