Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-09-10
THE CRIME OF 1857.
GARFIELD AND THE ELECTORAL COMMISSION


Congress, Recognized the scope
of the Inquiry and then Dishon-
ored Himself.
New York SUM-
No other candidate on the Republican
side would have presented to the country
SO distinctly as Mr.. Garfield does the issue
Of the great fraud Of 1877. As one OF
| Grants pack of svisiting statesmen" he
assisted at the beginning of the iniquity
| BY which the vote Of Louisiana was de-
| liberately stolen. AS q member Of the
| House Of Representatives he gave the aid
Of his presence and the comfort Of his
| counsel to the Returning Board thieves in
| all the stages Of their work. He signed
| the living report Of John Sherman, which
was one of the steps Of the conspiracy to
| steal the Presidency.
When the bill creating the Electoral
| Commission was before the House, he OPP
| posed it in q vehement speech, January
| rs, 1877, upon two distinct grounds: First,
| that it was a '~susurpation," and, secondly,
| that it would empower the Commission,
clothed with the authority conferred on
Congress, to review all the acts connected
with the election. But let us quote his
| words:
''This is usurpation in every meaning OF
the word. Though the Constitution has
sought to keep Congress away from all the
process Of making q President, the bill
creates and places in the control Of Con-
gress the enginery by which Presidents
are made at the caprice of the Senate and
House. 1t grasps all the power, and holds
States and electors as toys in its hands.
1t assumes the right of Congress to go
down into the colleges and to inquire into
all the acts and facts connected with their
work.. 1t assumes the right of Congress
to go down into the States, to review the
acts of every officer, to open every ballot
box, and to pass judgment on every ballot
cast by seven millions of Americans"
Five days after that speech was made,
Mr.. Garfield was chosen a member Of the
Commission to represent the Republicans
Of the House Of Representatives. We
shall see how he carried out his declara-
tons against the bill. The Florida case
was the first presented, and may be said to
have been the turning point of the contro-
versy. 1t was strong in every respect, and
was fortified by judicial proceedings that
peculiarly appealed to the fairness and
good faith Of the five Justices of the SUI
preme Court who were sitting as members
Of the Commission.
The frauds of Florida had been con
cocted and concerted with those of Louis
lana, as the cipher dispatches which passed
between the Republican managers in the
two States, before the returns were finally
completed, made clear. They threw out
all the Democratic votes necessary to leave
an ostensible Republican majority, and
then declared Stearns elected Governor
and Hayes electors chosen. This outrage
was 30 glaring that Drew, the Democratic
candidate for Governor, got q mandamus
from the Supreme Court to compel the
Board of Canvassers to restore the pre-
cincts that had been cast aside by fraud
Under that order the votes we're honestly
counted, and Drew became the legal Gov
ernor, as he vas chosen by a majority o.
people.
Before the pretended Hayes electors
voted on December 6, the Tilden electors
began proceedings in the Circuit Court o.
Florida, claiming that they had been law
fully chosen, and that the others wert
usurpers. Here is the judgment Of thu
Court:
"And it is further considered and ad
judged that the said REALTORS, Robert Bull
lock, Robert B. Hilton, Wilkinson Cal
and James E. Yonge (the Tilden electors)
all and singular, were at said election dull,
elected, chosen and appointed electors O
President and vice-President Of the United
| States, and were on h said 9Th day o
December. 1875, entitled to be declared
elected, chosen and appointed as sucl
Gates thereof"
Now turn to the action OF the Legisla
ture. Two laws were passed. The frs
was ''to provide for . canvass according t.
the laws Of the State Of Florida, as inter
preted by the Supreme Court, Of the vote
for electors OF President and Vice-Presi
dent past at the election held November Z
1876" They did recanvass in pursuanc
thereof, and certified the election Of tn
Tilden electors. The second act declared
"whereas. the late Governor, Maroellu
L. Stearns, by reason Of said illegal actiol
and erroneous and illegal canvass Of tn
said Board Of State Canvassers. did erro
neously cause to be made and certiAe,
lists Of the names Of electors Of this State
containing the names Of Charles II. Pearce
Frederick @. Humphreys, William Il
Holden and Thomas Long {the Haye
electors), and did deliver such lists +
said persons, when, in fact, the said per
sons had not received the highest numbe
Of votes, and in q canvass conducted accord
ing to the rules prescribed and adjudge
as legal by the Supreme Court, were no
appointed a. electors or entitled to receiv
such lists from the Governor, but Rober
Bullock, Robert B. Hilton, Wilkinson Cal
and James E. Yonge (the Tilden ~electors)
were duly appointed electors, and were en-
titled to have their names compose tn
lists made and certified by the Governor
and to have such lists delivered to them.
Thus the courts and the Legislature an
the legal Governor all united in denounc
ing the fraud which had been perpetrateN
after Zach Chambers order to organic
the conspiracy had been issued. Thre
sets Of certificates were sent to the Presi
dent Of the Senate, viz: No. /, made b
the Hayes electors and certified by Stearns
No. 2, made by the Tilden electors, with
out the certificate OF Stearns, but with tn
certificate Of the Attorney General, tn
dissenting member Of the Board Of Stat
Canvassers; No. 8, containing the actiol
Of the State authorities and the laws re
citing the election Of the Tilden elector
and ordering new certificates to be issue
in their name.
All this testimony was before the Com
mission, with the records Of the courts
backed by q tender Of oral evidence. HOY
was it treated? Mr.. Justice Miller moved
February Z, 1877, as follows
"Ordered, That no evidence will be re
ceived or considered by the Commission
which was o submitted to the joint con
vention Of the two Houses by the Presi
dent OF the Senate with the differen
certificates, except such as relates to tn
eligibility Of F. @. Humphreys, n Of tn
electors"
This was the crucial test Of the Com
mission. which was virtually to decide tn
Presidential election. The real question
behind the words Of the order was whethe
proof OF the frauds that had been commit
ted in Florida, South Carolina and Louis
lana should be admitted. The vote stood
Yeas-Messrs. Bradley, Edmunds. Fer
linghusen, Garfield, Hoar, Miller, Morton
| and Stronp-8. Navs-Megare. Abbott, Bay