The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1878-01-04

F~NSNAON Va 0uO OAoA SO0 duu
confessions of William E. Chandler, it
ought to be assumed that members of the
cabinet, senators, and representatives who
are directly inculpated BY them will
promptly demand an Investigation on the
assembling of congress. If they should
fail to perform this obvious duty, then it
will remain for others, who are not per-
sonally involved in these grave accusa-
tons, to move an inquiry which shall not
only 60 to the root Of this whole matter,
but lay the foundation for a reopening and
an honest judgment of the presidential
question.
Indeed, one inquiry cannot be made
without necessarily bringing in the other.
There are two distinct and serious charges,
esch of which affects the right of Mr..
Hayes to the Office of president: First,
that he was corruptly counted in" by a
bargain sanctioned by him, with the Louis
lana Returning Board; and secondly, that
the electoral count was completed by a
second bargain, by which the conditions of
the first were to be renowned and broken
IF these allegations are true, there was a
double fraud, the proof of which would
be sufficient to, unseat Hayes and affirm
the election really made by the American
people in November, 1876.
For more than year the people have
patiently borne the greatest wrong ever
petpetrated In our political history, and
which in any other country would have
been followed By bloodshed and revolu-
ton. They have looked forward to a time
when passions might be cooled and opinion
be calm, to right this monstrous injustice
by expunging from the record fraudu-
lent partisan judgment, and entering the
true verdict of four and quarter millions
Of freemen in its stead
The eight-by-seYen commission, profess
eddy constituted to try the merits of this
controversy, shut the doors abruptly in the
face of any inquiry at all, knowing if they
were once opened the frauds would be ex-
posed in all their naked deformity, and the
conspiracy to falsify the election must fail
disgracefully. Hence all offers of proof to
establish the inicuity were declared
aliunde, and the fraudulent returns were
accepted and treated as genuine. AS the
merits were not investigated, they could
not have been decided. A pretended and
VIGOROUSLY Fabricated prima ytdcie case
WAS all the partizan commission attempted
to decide, leaving the main question open,
by the terms Of the electoral commission
act, for future review by any competent
tribunal.
Every recognized principle of equity and
Juice demands fair, open, and complete
investigation. We dare not affirm before
the world that fraud purifes nnd perfects
what it touches, instead of polluting and
destroying all that its faint can reach.
Aside from this moral view, all the courts
OF the civilized world hold that fraud
vitiates every instrument, contract. deed
legacy, or paper of value, And in the
case OF elections the law is undisputeC
that there is always a remedy for fraud
Mr.. McCrary, now beneficiary of frau(
himself. as de tacto secretary OF war, is al
accepted authority on this subject. Her
is what he says in the American Law o
Elections" page 277:
The fact that person has received tn
certificate of election to an office, anC
entered upon the discharge of the dutie
thereof, does not GUST the proper court o
jurisdiction TO try the title to the office
The certificate issues upon the prinsa tdci
case as shown by the returns, but the cOltr
may go oehand the returns, and upon til
merits .Jind a different result"
Again, in a note to page 252, he says:
IAN adequate remedy will always b,
found at law or in equity for frauds per
petrated against the purity of elections
ia result has been secured by fraud anC
and the statute has provlded no mode ofre
dress, At By no means foIlo1os that no redres
can be had"
These principles apply precisely to tn
case under consideration. Mr.. Haye
was seated upon a so.called p1im,
facie case, without any trial of the merit
and, as Judge Strong has substantial
averred, with knowledge of fraud, tn
evidence ofwhich he Judge Strong) vote
to reject when preferred openly and upo
specific charges. If an example is to
set for the punishment of fraud, or for tt
enforcement of disabilities caused
fraud, where should it begin but in tt
very highest places2 Conspicuous Grim
inals should be the first to suffer, in ordC
to make the crime odious and dangerou
On the Sd of March last, when IL
memorable Forty-fourth congress VI
about to close its career, the house
representatives put on record soleu
declaration-virtually a protest again
the outrage which had been previous
committed-in the following words:
"Resolued, q the House of Represent
tues Of the United States of Ame7qc
E. That it is the duty of the house to decIar
that Samuel J. Tldlen. of the state of NJ
York, received 1876 electoral votes for d
office of president of the United State
all OF which votes were cast and Ii.
thereof signed, certified and transmitt
to the seat OF government. directed to t
president of the senate, in conformity wi
the constitution and laws of the Unit
States by electors legally eligible al
qualified as such an elector, each of who
had been duly appointed and elected,
the manner directed by the legislature
the state IN and for which he cast his We
as aforesaid; and that said Samuel
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