The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-04-06
Mr.. Blair and the Presidency.


Mr.. Blair resolution as it finally passed
the Legislature, instructs the Attorney
General of Maryland to exhibit bill to
the United States Supreme Court setting
forth that BY reason Of the fraudulent re.
turns made from other States, and allowed
to be counted, due effect was not given to
the electoral vote of Maryland, and pray
ing the court to make the revision con.
templated BY the electoral commission law
and upon such revision declare that Haye:
and Wheeler were not, and TiIden and
Hendricks were elected President and
Vice President Of the United States.
Mr. Blair will next eudeavor to get the
necessary Legislation from Congress to
enable him to carry out the purpose Of
his resolution. Failing in that, if he
should fail, his resolution viii come to
nought. The following are some of the
comments of the press on the subject
Mn. BLAIR BEFoRE CoxGREss.-Ba lfinlor,
BaletiR.-Mr. Montgomery Blair's persist.
enee in pressing for revision Of the electoral
fraud, recalls the same quality in the late
Senator Thomas II. Benton in regard to sex
pungingii the famous resolutions of eensure
against President jackson. When Mr. Ben
ton. to use his own famous phrase, ssput this
ball In notion he could only secure two
votes in his favor, but he continued to press
the matter and urge its justice and propriety
until at last, in 1887, the censure was actually
expunged from the journals Of the Senate.
In regard to the present matter which Mr..
Blair has in hand, the Gdzette's Washington
correspondence calls attention to some re-
marks Of Senator Whyte upon the weakness
Of the Maryland law as applicable to cases oil
this sort, the writ of quo traTTGHto having
been omitted from the Judiciary act of 1889,
as Mr.. David Dudley Field expressed it, ''as
il er industria." The correspondent adds:
According to Mr. Fields open confession in court
there Is provision whatever under the old Mary
land laws for any such qHq leTrufO writ against the
President, and shs Is acknowledged TO be the weak
side OF the case BY Dir. Blair himself and thus the
native hue Of his resolution" Is sfckiied DER with
the pale cast 81 thought to speak. In is present
shape the resolution IS regarded worthless By the
by the lawyers who pleaded Mr. 1iden's case before
the commission. But Mr.. Blair's next step will be-
Il j. learned 20 give his offspring some backbone By
the Introduction Of bin into Congress which shall
complete the project by providing that the Attorney
General Of the United States be required 70 bring
this suit which the Maryland Attorney General Mr.
Gwiun, IS deharrcd from doing"
None of the British statutes regulating the
exercise of this qso srarTanfo form of writ
s'having been introduced into practice, in this
State, before the Revolution says Mr.. Hugh
Dayey Evans, in his Maryland Practice, s'they
are not now in force here. The information,
IN the nature Of quo usdTraato, at common
law merely, would not be adapted to answer
the purposes. for which it is so well fitted.
when governed by statutes. made expressly
with view to these purposes. II is, there
fore, never resorted 70 IN Maryland, although
in some of the States, particularly in New
York, where it has probably been subjected
to statutory regulation, it appears to be IA
miliar.''
THANK Con IN Y Sun.-If our Revo-
lntionary fathers could with propriety, as was
the custom of George Washington, deyoutly
thank Providence whenever victory rested on
their blood-stained arms, so may the patriotic
men of all parties in the United States who
are now peaeeably contending for the same
principle-the right to elect their own rul-
ers-for which the War Of the Revolution
was Eaged, reverently return thanks to the
Ruler OF the Universe for the great step of
progress made in their eause yesterday One
State in the Union--one of the original thir-
teen tool-has raised its voice not only in
condemnation of the fraud which declared
the unelected Hayes President. but in favor
of testing his title to the Office.
Will Congress pass a bill authorizing the
action 10 be maintained? What good and
sufficient excuse can any member, either of
the House OF of the Senate, offer for voting
against it2 If the Hayes men really have
confidence in the validity of his title they
must know il would be great advantage to
him 30 have it investigated and settled in his
favsr If they vote against giving the Su-
preme Court jurisdiction, how can shey ask
anybody to believe that they really consider
his title to the Office valid?
So much for the Republicans On the
other side, the word Democrat would be a
misnomer applied to any man who would vote
against such bill.
Il IS OF no use to cry peace, peace, on this
question. There can be no peace until it is
settled, intelligently and fairiy--settled after
n thorough investigation.
Toward this investigation the vote of Ma
Tyland, yesterday, marks a most important
stage of progress. TO the unfagging patriot,
Montgomery Blair, the highest honor is due,
and good cause have all the people to be
grateful for the dawn of Frightening pros
Peet on the cause of Free Government
We have reason to believe that we are on
the eve of other great events, rot less impor-
tant than this proceeding Of the Maryland
Legislature. Il really begins to look as if
the reign of Fraud IN our national Govern
mcnt was doomed to a speedy and an ignomi-
aious end
Philadelphia Ledger.-Hon. Montgomery
Blair. formerly Postmaster General, now Of
tho MarrlatH tnfrf lot ha.-s
resolution instructing the Maryland Attorney
General 10 ask the Supreme Court of the
United States TO reopen the count for Presi-
Dental Electors, has now to get some lsgisla-
ton through Congress 10 the same end, for.
without this latter step, it is not easy to see
how the Supreme Court is to get jurisdiction.
Meanwhile he has got rather non committal
letter from Judge Black as to the legal strength
Tor weakResSl of the movement, which is not
calculated 10 inspire confidence in its success.
Possibly Judge B. is not sure yet what side
his retainer will come from, and so holds
himself judiciously in reserve. Non-eommit-
tai missives are not usually in his line, and
presnmptively there must be reason for the
very thinly disguised reserve in this one.
The following is the letter of Judge
Black above referred to:
Washington. March, 1878. MY Dear Sir:
] would write an essay on your resolution if
Il would do you any good, and If | knew
enough about the subject to make my opinion
a thing of the least value The presumption.
of course, Is thai you are right, and that pre-
sumption Is greatly strengthened by the coz.
currence of the foremost lawyers in the coun-
try, who have agreed with you after a con
sideration of the law, which | have not been
able TO give to it. In the present state of my
mind J would vote for the resolution because
of my faith in you and others who favor it,
1ou have my sympathy and best wishes, and
viii continue 10 have them as long as you
continue To struggle for redress against the
great wrong which the country suffered in
ls76. Faithfully and truly yours.
TO Nc. Montgomery Blair. J. S. BLACK.
Philadelphia TiHes.-Mr. Montgomery
Blair is teaching the lesson of perseverance
60 the rising generation, although his own
illustration OF it lies in the dOmHin of mis-.
ehiefmaking. To quote happy figure used
IN the debate on the resolutions, he has in.
duced the State of Maryland to play Don
Quix0te to his Sancho Panza. Maryland is
a very good State in her way, a State of emf
neut responsibility and all that, but has a
trick OF doing fussy thing now and then
with no other result than that Of making her
self conspicuous. This proceeds not so much
from any lack of mental equilibrium on the
part of the people at large as from the vaga-
Fies ct the men she contributes to public life.
il Is safe 10 say that in this instance at least
the Legislature has gone good deal further