Daily Los Angeles herald., 1878-06-08

make 1t that the belief in the enor
nifty OF this wrong is justified by
the facts. Had the Electoral Com.
mission taken Jurisdiction, listepeo
to the testimony and adjudged It.
value, 1t might, with some plausi.
bility, be claimed that Mr.. HAYES
title was a decision after inquiry,
but the Electoral Tribunal SIM ply
decided that they would not inv es-
IIgate, and did not desire to know.
The law which created the Electo-
raj Tribunal contains the following
section:
SEC. 9. That nothing in this act
shall be held to impair or affect
any right now existing under the
Constitution and laws to question.
oy proceedings In the judicial
courts of the United States, the
right or title es the person who
shall be declared elected, or who
snail claim to be President or Vice
President of the United States, II
any such right exists.
1t is, therefore, perfectly clear
from the statute which created the
tribunal, and from the record of
The decisions of that tribunal itself.
that whatever claim Mr.. HAYES
may have to the Presidency was
not strengthened or fortified by ths
action of the Electoral Com mmis-
sion, the statute having reserved
the right of the people to judicial
investigation by the section 1 have
quoted, and the Com mission hav.
Ing decided nothing except its
own incOmpetency to 90 behind
the face Of the returns. The result
of all this in its application to the
present and future condition of
things is obvious. Mr.. HAYES is
acting as President because the
Electoral Tribunal held that it had
no power to examine into the facts
OF the election, aliunGe the returns
OF canvassing boards, even al.
though these returns were the re-
suit of fraud, forgery and violation
of legal duty.
In the case of FLORIDA, tho State
itself protested against the return
OF the majority of the Canyassing
Board, and the votes cast for HAYES
and Wheeler by the electors whom
TINS majority declared elected. The
judicial Department decided,
speaking through the Supreme
Court in the case Of the Governor,
that the Returning Board had no
authority, such as that claimed
and exercised in favor of the Hayes
electors, to throw out the votes of
counties and precincts so as to
change the majority from the
Democratic to the Republican sils.
The Circuit Court In quo warranto
against the Hayes electors ousted
them and ipduetsd the TIden
electors. The legislative depart-
ment BY law denounced the fraud,
and directed q reoanvass Of the
State, according to the principles
required by the decision Of the Su.
preme Court, and the Governor
certified to the recanvassi not
with.tsnding sll of which the
vote of the State of Flor.
ida was counted by the EIec-
toral Com mission for Hayrs
and Wheeler, because the Electo.
raj Commission held 1t had no
power to listen to the voice of the
State except as expressed
through the illegal action of the
Returning Board. The case of Lou.
isiana was, in substance, worse,
for the majority of Eve of the Til
den electors was but little less than
5000, and because in all substan.
tial particulars the law attempting
to invest the Returning Board with
power over the returns was disre-
garded and violated. In Louisiana
the fraud began with the illegal
registration of votes, which took
place under q circular from head
quarters notifying the registrars
that their future standing and hope
of emolument within the Republi-
can party depended upon their sue
cessful registration of Republican
votes. In every publication that I
have seen in defense of the>Return.
ing Board of Louisiana this lllega!
registration is assume to have
been without objection, whereas,
in point of fact, it is one of the
most corrupt and flagitious trans
actions in the whole series of wrong
perpetrated in that State. have
not the figures before me, but they
are Of access, aud will show, with |
u little dissection, i'm mense addi.
tons over the registration of q pre-.
tended colored vote. In addition
TO this an attempt was made to ex-
clude 10000 lawful Democratic
voters of the city of New Orleans
from the registry by what are
known as the Sewing machine af-
fidavits" of four policemen. This,
however, partly failed, nor was
there any intimidation or disorder
at the polls, or during the registra-
ton; but at quiet election. and
with the largest vote in proportion
TO its population ever cast in the
State, Louisiana repudiated Hayes
by majority which on the five
highest electors amounted to over
NnA