Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-24

Opinion of a Fair and Progressive Re-
publican journal.

Opinion of Fair and Pro0resstve Re-
publican journal.
Utica Republican,
The question has been asked, in view OF
the possible contingency of the discovery OF
frauds showing that President Hayes was
not entitled to majority of the electoral
votes, what would be the course pursued by
Hayes? What would be the demand of the
sentiment of the country? What would be
the legal efect2
If it should be clearly shown that Hayes
owes his seat to fraud, though himself limo
cent of any fraudulent act or INTENT would
he consent to longer sit in the Presidential
chair simply because it was honestly, though
mistakenly, decided to belong to him? His
own assertion was that no man worthy of
it would consent to fraudulently occupy the
Presidential chair. II shown that his chair
was given to him through fraud, near or re-
mote, would he consider that sufficient
cause for resigning his position? If he
did, would Tilden, at this this stage of the
proceedings, be entitled to swear in and oc
cupy it? Mr.. Wheeler could not morally
occupy it., whatever he might do legally, or
in technical sense; and if Tilden were ac-
corded the Presidential chair, the chair of
the Vice President, by the same authority,
must go to Mr.. Hendricks.
But what would the people say? Would
those who contend for the Hnality of Hayes
title be willing to see him step down and
out, and Tilden step up and in? Would the
Democrats, who cast majority of the votes
| in the country, be satisfied with anything
less than this!-that is, in case it should be
clearly shown that fraud seated Hayes We
do not anticipate any such showing; but
here is the dilemma, in case of such show
ing, in which the country would be placed.
One side or the other must yield, or there
would be civil war. These are the only al
ternatives presented. TO say the least, they
are not pleasant to contemplate.
1t is generally assumed, and we are among
the number who occupy this position, that
the question of title to the Presidency having
been once adjudicated by the highest tribu-
nal, it is the end of it; but there is some
thing to be said on the other SIDE. An able
correspondent of the Albany Argus takes
the ground that ''fraud against man, society
or government. wherever or however or by
whatsoever committed, or in whatever shape
assumed or disguised, is crime, and when
proved is not permitted to stand for an in
stant.'' This he considers self-evident
propositions principle universally en-
dorsed by heather and Christian thinkers.
/ He declares:
A title adjudged good even by the full bench
of the supreme court of the United States on
evidence produced by fraud or perjury, or by
fraud of any kind, is instantly lost to the
criminal or innocent holder or receiver the
moment the fraud is discovered and proved.
The same evidence that proves the fraud
proves to whom the title belongs. Is property
more sacred than the constitutional rights OF
the people, or the law by which property itself
is protected, that title to the sovereignty of a
nation, acquired by fraud, should be declared
good? No nation however high, no commits
sion however organized, is competent to legal
ize title acquired by fraud.
4 The representative of fraud can have nc
standing in court of justice. He can claim
no hearing, no title, deed, no contract nc
witness, no lien of law, no right by inherit.
ance, no immunity by possession, and nc
possession by confirmation, either by a court
of equity or by a verdict Of a jury. fraud il
nullity. decreed by common law, and forever
1t can be vitalized by no principle recognized
either by legislation or by the common integ.
rity of mankind.
Hence the conclusion of this correspond
ent is that proof of fraud would nullify
everything done, and give the Presidential
chair to Tilden. Here is at least FOOD fol
reflection, in view of possibilities, but no
probabilities.