Year: 1877




An important point in the Presidential in
quest was determined by the judgment of
the commission rendered yesterday. In the
immediate eagerness to know the practical
consequence of any decision in this case
opinions of that consequence are reached
by very hasty processes, and opinions of this
sort already contemplate this Judgment as
point gained for the republican can
didate, and we hear consequently Of
the discouragement of the democrats.
Evidently this Interpretation is assisted
by the fact that all the known demo-
Gratis on the commission were against
the decision made and nll the known repub-
licans IN favor. But the consideration of
the party affiliations OF the members should
not be deemed important when other good
reasons than those of party faith may be
given for the Judgment, and when, indeed,
it is not certain that the final effect will be
such as thus hastily conceived. 1t is not
certain that the decision given, viewed IN
all its possible applications, will be advan-
tageous to Hayes.


This decision is that the commission will
determine the case of Florida on the certifi-
Gates laid before it by Congress with what
ever evidence accompanying these certifi-
Gates may tend to determine which one IS
the regularly authenticated document con-
seauently that the tribunal will not travel
Deycnd the record on this point made up
fcr it by the action in Congress-will not
20 into an inquiry that might be made
interminable as to the actual facts
of the election in that State. 1t
will however, investigate the facts where
an objection to an individual elector rests
on the allegation that he is ineligible under
the constitution. One Of the reasons which
may have inclined the tribunal thus to re-
strict the field of its labors is the imperative
necessity that those labors, if they are not
to fail altogether, must be concluded before
the 4th of March-that is to soy, in twenty
four days. Some memorable recent trials will
occur to every mind as indications OF the
degree to which time may be consumed In
apparently very simple inquiries. Nearly
year was lately consumed in England in the
investigation of point of personal iden-
tity-the effort to prove on one hand or dis
prove on the other that certain adventurer
was the heir to extensive estates. In Brook
lyn six months were consumed in the inves-
tigation of an even simpler matter of fact.
If SO much time can be consumed in the
courts on points SO susceptible OF definite
Limitation how much time could probably
be consumed by counsel determined on de-
Law in the examination of all the facts in
yolved in an election in several States? If
it be true, as is alleged by the democrats,
that an inquiry into the facts of the election
would demonstrate that Mr.. Tilden car
ried both Florida and Louisiana, this
would be apparent to the republi-
can advocates as early rs to any one
else, and as the case has assumed
the form of trial these gentlemen would
perhaps regard their obligation to the
republican party-that of lawyer to client
as superior to any other obligation. They
might, therefore, naturally endeavor to
make delay which would insure the &C
cession of republican to the Presidency
even if this were not Mr.. Hayes. This con-
sideration should be kept in mind by those



ment favors the republican claim.


There are three Florida certificates. One
of these was given by Governor Stearns to
the republican electors. The other two are
held by tie democratic electors; the first
having been given by the Attorney General
electors had received the majority of votes
even as ascertained by the first count; the
second by the democratic Governor
upon n recount of the vote. In accord
ance with the judgment given yesterday the
tribunal must ascertain and determine
which one of these documents is the valid
certificate Of the action Of the people ut the
polls. This inquiry will involve much of
the evidence already before the public as to
the election in Florida--an extensive ex-
hibition Of the case of each party as to
alleged fraudulent practices. 1t may ap-
pear, therefore, that in order to determine
which is the true certificate the
tribunal launches upon that very discursive
investigation behind the returns which,
as stated above, it declined to undertake.
But the distinction between this inquiry
and general investigation of the election
was happily made by Mr.. Evarts in the ar
cument that the examination as to what was
the Governors certificate did not go behind
the certificate but before it, and was simply
aimed to explode the claims of pretended
certificates.


An obvious inference from this conse-
quence of the decision is that the supremely
important fact in any Presidential count is
the regularly certified return of the electoral
vote Of State. In its brondest application
this allows the fullest force to the view of
the constitution that the choice Of electors
is function of the States one Of
| ,,.L;aL 4ha I.anislnfnra of tho Staten