Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-09-11
THE CRIME OF 1857.
GARFIELD AND THE ELECTORAL COMMISSION

bhhf ltlU WI iHt tlrI uhhL LuWWioSiun
How He Protested Against It In
Congress. Recognized n 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 visiting statesmen" he
assisted at the beginning of the iniquity
by which the vote Of Louisiana was de-
liberately stolen. As o 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 lying 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 il in a vehement speech, January
IS, 1877, upon two distinct grounds: First,
that it was a ''usurpation," and, secondly,
that it would empower tho 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 a President, the bill
creates and places in the control of Con-
gress the epginery 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 60
down into the colleges and to inquire into
all the acts and facts connected with their
work. 1t u 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 q 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 Su-
preme Court who were sitting as members
Of the Commission.
The frauds of Florida had been con-
cocted aud 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 SO glaring that Drew, the Democratic
candidate for Governor, got a mandamus
from the Supreme Court to compel the
Board Of Canvassers to restore the pre-.
cincts that bad been cast aside by fraud.
Under that order the votes were honestly
counted, and Drew became the legal Gov
ernor, as he was chosen by a majority OF
people.
Before the pretended Hayes electors
voted On December 6, the Tilden electors
began proceedings in the Circuit Court Of
Florida, claiming that they had been law
fully chosen, and that the others were
usurpers. Here is the Judgment of the
| Court:
"And it is further considered and ad.
| judged that the said REALTORS, Robert Bull
lock, Robert B. Hilton, Wilkinson Call
and James E. Yonge (the Tilden electors)
| all and singular, were ct said election duly
/ elected, chosen and appointed electors Of
President and vice-Presiden of the United
States, and were on the said 9Th day OIL
December, 1876, entitled to be declared
elected. chosen and appointed as such
electors, and to have and receive certif-
Gates thereof"
Now turn to the action Of the Legisla.
ture. Two laws were passed. The first
was 'to provide for a canvass according to
the laws Of the State of Florida, as inter
preted by the Supreme Court, of the votes
for electors of President and Vice-Presi-
dem cast at the election held November 7,
1876" They did in pursuance
thereof, and certified the election Of the
Tilden electors. The second act declared
"Whereas. the late Governor, Marcellus
L. Stearns, by reason Of said illegal action
and erroneous and illegal canvass Of the
said Board Of State Canvassers. did erro-
neously cause to be made and certified
lists Of the names Of electors Of this State,
containing the names Of Charles H. Pearce,
Frederick G. Humphreys, William II.
Holden and Thomas Long (the Hayes
electors), and did deliver such lists to
said persons, when, in fact, the said per-
sons had not received the highest number
Of votes, and in q canvass conducted accord
ing to the rules prescribed and adjudged
as legal by the Supreme Court, We're not
appointed as electors or entitled to receive
such lists from the Governor, but Robert
Bullock, Robert B. Hilton. Wilkinson Call
and James E. Yonge 1.-THE Tilden electors)
were duly appointed electors, and were en-
titled to have their names compose the
lists made and certified by the Governor,
and to have such lists delivered to them"
Thus the courts and the Legislature and
the legal Governor all united in denounc-
ing the fraud which had been perpetrated
after Zach Chambers order to organize
the conspiracy had been issued. Three
sets Of certificates were sent to the Presi-
dent OF the Senate. viz: No. /, made by
the Hayes electors and certified by Stearns;
No. 2. made by the Tilden electors. with
out the certificate OF Stearns, but with the
certificate Of the Attorneys General, the
dissenting member of the Board Of State
| Of the State authorities and the laws re-
| citing the election Of the Tilden electors
and ordering new certificates to be issued
in their name.
All this testimony was before the Com
| mission, with the records Of the courts,
backed by . tender Of oral evidence. How
was it treated? Mr.. Justice Miller moved,
February z, 1877, as follows:
"Ordered, That no evidence will be re-
ceiyed or considered by the Commission
which was not submitted to the joint con-
vention Of the two Houses by the Presi-
lent Of the Senate with the different
certificates. except such as relates to the
eligibility Of +. @. Humphreys, one Of the
electors"
This was the crucial test Of the Com