The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25

tions, are things by which the people OF thu
more mercurial North may take a lesson.
And there Is another thing-covetousness.
corruption, the low temptation OF money.
has not yet found any place in u Southern
politics.
vi.
In his chapter on the Presidential con-
test of tS7e-77 the author does not fail u
register the fact hat II the Electoral Com
mission had decided to 90 behind the re-
turns, the votes OF Florida, OF Of Louisiana,
or OF both States, would inevitably have
been counted for Tilden, or altogether
rejected, either OF which events would lave
made Tilden President. IL Is declared 10
be beyond doubt that such decision would
nave better satisfied the country, both at
the time and a~fterward. Mr.. Rhodes
dismisses summarily the argument OF over
whelming inconvenience. urged so strenu-
ously by the Republican lawyers. But
although he holds that greater justice
would nave been done by correcting the
fraud in Louisiana, he considers the de-
cfsion Of the majority OF the Electoral Com
mission better law than the opinion of the
seven dissenting members, and he main
tains that at any period OF our history
except that of the carpetbag negro regimes,
from 1857 to 1877, the application OF the
principle on which it was based would have
given practical Justice. The decision
was moro in accordance with both the
letter and the spirit Of the Constitution.
and with common sense American ideas.
On the principles which actuated 1t, the
count OF electoral votes had been conducted
from l1Se to 1875. and has been since 1877;
and In accordance with them the Electoral
Count act of February 8, 1877, was framed"
The author of this history does not join
in the Democratic outcry against the part
sanship OF the eight majority members
OF the commission, a. II 1t was something
unheard OF and unique. To his eye the par
tisanship Of the seven minority members
10 equally unmistakable. He reminds IN
that the Democrats had a chance OF making
out their Republican brethren thorough
going partisans in comparison with them
selves, by voting with them TO give Oregon
and South Carolina TO Hayes, as they hal
voted on the collateral questions In these
two cases. Dur author asserts that in
the case of every member Of the Electoral
Commission, with the possible exception
Of Bradley, It was partisan bias that de-
termined the direction Of legal thought
and the unSarying alignment Of votes.
This Is the reason why g to 7" has become
a formula Of derision TO the losers Of the
great az suits, md not merely because
OF the majority OF one; for .by this slender
majority have been made many OF the
most important decisions of the United
States Supreme Court when political parti-
sanship has exercised little or no influence.
Such a division simply imports a Gloss
question, as a~ssuredly was, sven In law.
the disputed Presidency The suggestion
that Hayes should AVE refused the Priest
dency in March, 1877, is dismissed as idle.
The author believes. indeed. that he ought
to have stopped the action OF the Louisiana
Returning Board In bis favor, but after
swallowing this much, he stood as the
avowed representative Of his party: and
the party having Joined with its oppou-
ents in submitting the dispute to a fair
arbitration, and having finally won ID.
cause, he had no choice but to take the
place"
The seriousness OF the electoral crisis
OF 1877 Is not underestimated in the book
before us. Yet the author deems the
failure Of tho outcome OF the crisis to satisfy
the rigorous demands OF justice q con
sideration of less weight than the fact that
in the end a peaceful solution OF the prob
lem was attained. when no settlement
seemed possible. q settlement was never
theless effected; and effected peaceably.
and according to due process OF law, under
conditions which In nearly every other
land must inevitably lave led 10 civil
war" Tho decision, though sccouutei
= gross injustice by more than half Of the
American people, was submitted TO without
a suggestion OF forcible resistance worth
considering. Tho Democratic party IN
Congress and out OF It. and especially ID
Southern wing, and Randall. the Speaker
Of the House. won for themselves the TO-
spect In admiration Of the country aui
Of the world" NJ. W. II.