The Electoral Tribunal

Judgc Jere S. Black, in The .ntili. Aipericam ii ei' w for July-August, prints a lengthy Hitftory of the Electoral Tribunal which declared Mr. Hayes entitied to the Prómaóno Afinnoting in general termstbe popular fcdlgnatton niiich followod the declaration of the Klectoral Oommissión'g voto, Judgo Black givoü a graphio sketch of tlie oondition r tbe South prior to the Presido ntial eloetion of 187ö, and draws in bold lines the portrait of the earpct-baggcT. The oxtont of the spoliations of theso advent urers froni the North can hardly bc calculated Vmt the t&stimony of tho carpet-baggers themsi-lws ngainst ono anotlier, the reporte f the committees sent by Congrcss to inveötigatu the subject, and othcr information froin hits entirely autlientic, mako it afo to say that a general eoiillagration, Bweeping over all the Ktate of Louisiana froin one end to the other, aud destroying every building and every article of personal property, woUd have been a visitation of mercy in comparispn to the curse of Ruch a governnient. This may Roem at lirst blnab liko great exaggeration, becauso it is worao than anything this mismli' ever did beforo. The groediest of Homan proconsuls left something to tho provinces lic wasted ; the Norman did not strip the 3&X0D quite to the skin ; the Pmitané ónder Crorawell did not utterly desolate Ireland. ïheir rapaolt; was oonüned tothe visilU: tbidgawhiali they coultl prewatl9 handle and use. They conld not taKe what did not exist. Bilt the Amorkan carpet-baggeï luis kd inventrton imktujwn to thoso Dlíl-fashioued robbers, wbtdb (noreaBes his steniing power as much as the étoam-engtae Rdds to the meclianical force of HiriT natura] mudóles, lie makéa n'egotiable bonds ol the suto, signe and seale thoni "according to the forms of law," sells tiiem, converts tbc proceeds to bis own uae, and t hou delies justico to " go bfhinil the returns. " ]iy tbis devièe bis (eloniova iingers are mede long enough to reai'h into tbe of p:steritv; hu lays bis lien on propeity ytt uncreated ; iia anticípate the labor of coming ages and ppropriates Hm fruits of it in ndvance ; be cohis the indUítry of future g;ncpration8 iuto c:ish, and anatohes tho inlieritance from children irhose fathers ai e unborn. ProjeeUug hischoat forward by t bis contrivance and operating laterally attiie same timo, be gatbera an amouöt Ot E !'uider which no country in i!i" v,oij1 would ave yielded to the Gotbor the Vahoal. THE KEIGN OF ANAUCHÏ. Security of lifo can Bever be counted on where property is not protectod, and blood ■■ repriaals ïollowecl. The oSrpetoaggeré themselves tostify tonumcrousiilherinui'di rs, ivanton, unprOYckod aud atfocious, cominitted uiih impunity undei the veiy eyes of the Government, den. Hlimidin says lie collected a list of 4,000 assassinatioue perpotrated witbin thiue ycurs. Sebatoi Shorman and bis aasóciatea of the viniting commitlee swell this number greatly and adil that " half the Stato was ovorrun with violcncü." No effent ma made to repross llïetie disorders or puni.-h tho crimináis. Nobody vi irf huiig. nobody tried, nobody axrésted. The murderers ran at largo : tho victime feil at the awlnl average of about tour every day, and the public nflieers quietly assented to let " tho rilli', tho knifo, tlju pistól and the ropo do tlieir lioniil work" without ntórrupüon. Arosucb. mei nt to govoru airee State? "Kt to govern ! No, uot ftt to live." QBKE8I8 OV TUK UKTUKXINU BOABD. Dut this BjBtem c liild uot ive, and as earb as 1H70 it be'came evident that the earpet-baggers must prepare for ñight or punishmmt, unlesa thoy could contrivo a way of defe-ating the popular will whenevor and howevcr it sliould be expressed. Theu tho Itotorning Board was invented. This was q machine entirely uew. with paw018 liever befo're given to any tribunal ia any State. lts object waa r.ot to retum, but to suppresa, the Vo'tea J' the qnalitied elcctors, or cliange them to snit the occasion. I)y the uimsof tho law it can excludc, suppress, anaihilate ail the votes of a paibii for violouce, nümidation, or l'rnud, whicli it lhids to have been corumittLd, and adjudges to have material!? inlluenced the reault of the poll. This is judicial authority hi broad üiat no póürt would consent. 10 exiTciso i: ■ -iniiieüng the fearful penalty of ui. tïanehisenient upon tiioi;sands at once, without a hearing and wil hout legal evidenco. not for auy offenso of their oivii. but for Die supposcd bib of others over whom they confesse&ly had no control. Oí course it is in direct conflict with tho st; '( constitution, which declares that all japhoial power shall be vusted in ceitain ordained and esfabHshed dottrts, and forbids it to be uscd even by thoni, except upon trial before a jury, and coiiviction on the testimonyof crodibïe wilncssos confronted by the accus'ed and crossexaniined by counsel. It is, besides, a most insolout affront to the fundamental principios of all eleclive government, for it makes the poll of the people a mere niockery, which decides nolhing ('xoept wlmt the líeturning lioard is pleascd to apprbve, and elects nobody Whom the lieturning iioard does not gracionsfy favur. lts píjwer U veto a popular vote exteuds tu all elections, for eveiT class of i.íhVurs, judicial. legisUrtive, ministerial, and exocutive, incliuling electora of President and Viee President, now IT dii its winiK. 'J lis suppres.Hing board dul lts work thor oughly Ironi tlie start. It was never known to li'.lur. Siuco ita first organizAtion in 1870 th toalprity of the whole people has boon doei dodly aainst the curpetbaggers at every elee tion. Jiut tho board ahvays iutercepted th returns, and so :iltnred them as to make a ma jority the other wuy. Kellogg was a eandidut for Goveruor ; lic was largely defeated, but th board certi&ed him etectea. The certificat was so gtoiingly (alse that carpet-bagger theinselvcs woultl not help tJ install him, aiu Democrats detennined to assert theirrights H was then that Gen. Grant, to the unspeika bh: :;liame f tho uation, lifted him into oñic un the lia; oni-ís of th; army. Afterward th outraged pcoph1 rosu i:i irvolutionary wratl diiv' him t slmltoi' in the Custoui House, anc imuiguiated the uiaii they had lawfully electec Ágaiu the VF( sident made war on the State an( rentored the usuipei to the place which dii not belang to him. The Dqnoaratu regularl 1 ;i majority of Lcgislaturc : as rei laily the Returniug Board oertifled a niajortt of their seals ti (■arpia-li:-.!;irs ur BcalawagS or aegroea Qot cbösen, and wlieu the true üifiübers met to organizo for business thearmy was punc'.uallv on hand to turnble them oiit of their hall'. APl'I.IKD TO TUK rllKSUÏKNTIAIj F.T.KOTION. The election came ff on the proper day, snpervised and controllcd at overy pollino-place by ofllcers of the carpet-bag interest. Aceordïng to their own count, the result wa a majority of 7,889 for the Tilden electors. lint the oppouentö of Tilden anti Hendricks determined that the record of the appointui' ni tnade bj I In people should bc mu'ilated and changed öü as to makc it appiar as if olcctors for lïayen nd Wheeief hul beeuchosen. Tln-y pretended tu bejiave thai violcnee and iatimidation had frightenril the ll'iyes men from the polls, and that their cowiirdice ought to be vitited, in the fonn of disfranchÍK(-mrut. on tlic hads of others who hüd intrepidify euough to perirm llieir politica! duty. The aiiega ion was utteiiy falsu. It was ma.de, not (i:ily without evkleu.ee to hustam it. but in the face of overwhclining proof to the contrary. kvii)i;.N(K Al.n NDi;. The uuvaryiug preteronee of tho eight oommissioners tor the falso ovet the true is very utrikiug. Whc.n they gat bohind tho (ovci imr's paperSj Ihey fovlod íyioe tnti'ir twu ui her sets of docomenta, (■no öf which was a recor I of the actual appohitnient made by the peóplC; ihe otlit'i1 svns a more fábrlcatioü of the Heturuiñg Board without anyuembl&iioeof tiuth; tluv emlitacod the lttC with all the ardor of sincere alïection. and lejecied the formar with all pos. i':ir itiïirki; nt their dislike. To glve tlu: decrees of the Ketuniing Boards the ooncltihive efïed olairtefl íor them, it was necoswny te bold that they woro ltgallyiinestod with judicial pow(;rs. and that, tiieir jurisdiction, wlieliier ii;htly or èrroneouxly exeroised, ■ . .■ .. absoluto over tho whole subject matter. In Floiidf) the statute which créate the board gave it uothing excopl iLinisteiial powera, and thé Snprfr m !'i.iiri of the State sulomnlv proaoucced its claim of judicial authority lo be altoMther Htifounded. lïut the Klöctora! Oomuiission would not be intlneiiced by etther tho written or the unwiitten law. The :-i,iii'.iiission conceded to the Ijunisiana board all %hfl judicial power t uebded to sanctify it lisfrancliisi'inent of the pr.'nplc in thu faoe of the constitution. m)iíi-i espresuly forbadeit. This general jurlid ction was not all they bestowed on those iiuaids: they di'el.ired i:i unbstaiioo that ilniiuht be well exercised iu parlicut&r cases wbere it wac not invoked tccording to the law which gave them being, as, for instance, whcre a Lonisiann pnrih sent up its return witliout a protest, statoniont or ollidavit. THB INFAM0U8 r.nilir. The eigbt connnissioners did not stop there. Theyweat much toi'tlier. ïhey praetically justiliid and sustaim-d all the iiitinit1 rascaliïy of the lïetunnng Board. Thëynot onJyrefused to take volontnry notice of the atrocious frauds perpetratèd by them, but they excluded the proofo of their corruption which the Democratie counsel held in their hands and offered to exhiliit. These coinmissioneis choked olT tho ovidence, and smothcred it as remorselessly as 'e!ls and bis assuciate.; siippreSM'd Deinoeiatir returns. And this they put on the expresa giound that to them it was all one whether tho aetiou of then boards was tratidulentor not. They woukl sulTer jin proof of conmptiOB to invalídate the right clamin! by a llaves man to put iu the votd 'f a St.i'.i' lor his candidato. 'J'hiH moiiHtroiiH and uticndumblo o.ub'aKe was robitilcd to tho mun'.t. AH ui' thóséveDiiuplured and protestad anaiiil il. JadgeOliftoid, the l'rooidentof the ouuimiasion, laid it down as a n.aini nf the eulumon law that fiaudjvitiates wUateyer it touches, and provod it undeniably. llo mlglit have provea more. is nut mcrrïy a maxim of thé com1011 law; it belon;; to all oountries iid all ages; no dode oan olaim i M'lu-iivcly : Itporvadc all nygtcms ofjuejsirndcncc ; it has its home in overy ] i r h u ■ s t DOftrt; . U the universal sentiment ol' ali just men ; it pplies to all human dealiugs. Judge Piéld lóked in die Mote of thé majoiitv and toldl mui plniuiy that their dlsrögnrïc] öf this gïeat Hneinln was "as shocking in moral-i ís it was nround in Hw," and addod i "lt is elepientrv knowledgc that fraud vitiaies nll proceedigs, oven the most Holonm ; thij no förra of vrds, no amount of ceromony, no Bolemnit.v t prix-cnding aan shirkl it (ton) exposure or rotoct it sÖuoturo from assanlt and dcstnic,oa." lint tlio (iiht worc :s draf as adders t(i ]C VQice of rcasDii and iu.stioe. The; wcmM lot permit f rand t bo usbnlted, mnóh csh to bc deatroyed. They Btood over it to hield it, mul savo it, interposing tho brorul ■is of tlieir aiithority to cover it agftinstevery ttftcli. Tho eight persiatently denied their power, or thnt of CongresB, to do -vhat they werc commaiidrd liy tl'.c law to do- that is. decida who woro duly oppoiuted. They would only dedde thatcertain persons wori; namecl as clcctors ly ajietumiug Board. They vronld npt undersiand that tho appointment by tbc v tple uilgut bc one tbiijg, and .tbc actionof the Be turning Board another, or that tho latter, even au evidentie of the fonner, v;ir worthless if it was fiaudulent. Tn:Miii,K-r.ii;iNi i'i.outua out. They insisted that tho Ketiiniing-Bourd ccrtilicate mn.-t le reet ived v.itli all lln; honorg j to queation its verity wönia nsurpation upon Stato rlghto, which they (thé eigut; were Inósl carefiil tq présarve intact and iinimpaired. "Bllt,"8a4d they, "tl a Krturning lioanl !■- liavcs imfaidifiilly, Uie Stato licrself. by lier own autlKiritU'S, must. sec to it and oorreot the WTODg." 'J'lien -npon came Fioriila, a.t.d ehowod tbat sbi! li:ul, in faot, made the coirection. All the departments f her Gbyêrnnjónl kei Legislature, her coiirts.and her T'.xcciilive- liad at different times examinad and réyléed the actio: of her lioUiniing Board: pronounced it falsc. FraUkiuluiit and void ; deolartj thnt tho Tilden electora were duly appointod, and teft tlie Ilaye candidates wühout a elued of ttathority to vote for tho State. There rtood tfl Htato lKM'Helf nprigKt before Uie anglist comniission, with all the evidence in lier hand, protesting against the fraud and demauding that no vote shonld be received oxoepl tne vbte of her owu electors duly appointed hv !rr , - 1 'If. lïut the i'oiïimi.siioji answrred that uiidcr the circurastanceB of this she had no right to deferid herself ugainst the frand of a. IS inc; Board any more thiin slie had tobe defended ly the Federal authoritin. Whatever sho might do, or decide, or reselve upon, the greal Frand was her master, and she must sub mit. So ii appearedi alter all (he flní Mèechea abont State ligJite, Uiat Florida !iad tot on right- the right tobé cheated out. of herivotc by the aanie knavos who had SlreaJly robbed her of her pTuperty. The right wás sacred anil ntaugible, and the oonuuission promptly pnt her in full possessiou of it. A .TUnicIAI, DECISIÓN DI8BEGABDED. ]" '■■'-' of Florido there was one pieee of evidente offered whieh not only commended tself slrongly to the considerationof jc.st mén. but, being suppqrted by corlain artificial rules of pleadtng and pracboe, it was expacted to Oud looeptance In the naiTowest muid orittíe beuch. This was the reeord of a Judicial procewling ■ .::-nl Iri a Florida oonrt byWit M.qno ivarranto at the suitof thcHtateupon tlie relation of the Tilden electora Bgtúuat "■ ' : electora. The parlie espíe inte eourl pleaded, and the isano (nade between tbem was whcthcr one set oí tlie other TUio relatora or llio defend&nts) we'ro duly appolnted electora of President and Vico Presiden! jf mi for the Stat'; of Florida. F. kleun tijc causo was debated by counsel on both sin tho relatora wete dnly apuinlcd and tbe defendantsnot. This l'act, thnn determined by the court, vras preciseTy the sainé fuctaftenvard controTortci hy tlie same pañíes beforo the commis.-ion. When ,-ubmittcd to thc latter tribunai, it wan res "i':r,tfa; not only ni: . uit fixcd and Kettlod beyond the rcach of contradiotion. Tho jvdgtneót was not ira)k arlii 'd for íraud, or reversed for error. It iras in full torce and virtue. It tos not di that the court wliicli made the adjudieation liad complete jurisdicción bothof tho subject ■■. and of thepartfes. Braíl reason anI all autiinriu the oommisBioa was bonnd Üorespïiet ihia judgmeuí as conclusive evkfcice. liut to base dono lir.s wi.alii !i iré uviác Tilden President ;uul dofeated tUepurposo of p.ll the i in Louiniaiiü an'd Florida both. They did doit;they allo-.vcd fhe jildgmentftahayb nó eft'iTt al ill. They bul lookod to.siec4yhál i: was, and hmnediiitely Bwept ;t oht í ,i.;!it. rhej pnt ii tur, l'roBi thoni, and Uien pioceedèd to pronounee a different judgment whiob Buited the Hayos meu better. How coujd tluv break all tlie bars of legal auíliority which fonoed tlum abonl ? Wliat Htarting hole did they tind to escape froin the Sorner iñto which they frere driven and pumnil up by tin: Uw of tne land? We shall see. SI'.Vrii AC'TIOX N11J.T,ll!i:i. They eaid tlie judgmeut of the eourt was too late ; it ivas pronouijced after the Iíayes eledtors had in;t and made out their votes, and Bent them to the President of tho Sonate. Here were two nots of elebtefs, eaos claiming the exchi-ive right to voto for tho State, and both of them actually simt up tlicir bullots. One of them was duiy appo,ÍDt,ed, and had ÜJÍ nn ity elaimed ; the other set was necesgarily coniposcd of nitre pretenders, who were not dub appoinfed, and. ha'ving nd anthoriti. Hieirvott was a mere nullity. Whioh party %v;is riglit, and which was wronf? ? The conflict t::ust be sottled someliow. Win -vi: was the jurisdic.in te determine it '; rinloni.-ii-dly, and by nmvcrsul admisbion, Üie power waa in the V.nnits of the State f rbiii which both claimanta professed to derivó their authority. 'lhi proper Staie court did determine it ; bilt the conunissioners said that, however competent the jurisdiction of the couvt, it was too late in niaking its decisión, and tïieu íhí:y proceeded, in the exercise of a jurisiiietion exactly similar, to docide the same qneation of fact and law the other way. Now comes the query: U the court's decisión was wo.thless bicinsi it was late. what was the value ot the eoinniission's judgmeiit, wliich' was later? Theeightdid aptiially. rtol in v.ciils, bnt in stibstance ind effect, givé ysnt to the bdld abiurdity that it '.vas too latte in .lanuary tu decide tiu' lü.-pntc in favor of Tilden, ont not too late ui f ebriiai'y to decide U in favor of Haycs. IN KAVOH OF Ffl&th) i:vi ::v ik&B. Anotlier thing tluv said: Xlíiü Jad thougli it provea tlm tact that the Ilaycs claimants were not 'lul.v appóinted, and had no t i 1 1; to nfiic'Mif cicrtdi's. did not invalídate the acts previoiiHiy done by them while they sgoio de facto in the (xercise of the poweVs tlicv n.-urpcd. Thre is a jnst and Dfieessary rnlr of law which declares that the validity of acts regnliiiiy done by ai. offleer sb:il) not depená on the title by which L'j holcls the office. KOU may remove a Bherifl by a quo wari'aufo wi(hont d'estróying thé tltlee bf all who purebas d land it hissalts, or a .Tndge without vaöating bis decrees, or a Treasuier without savinjj that bis paymeut oí a public debt is api BttürfactioD; bufi ivhe'C a péïson assumes a special anthority to do a particular thing the vaüdity of tl does depi'üd 00 Die anthnrity to do it. Tliis latter rule applies h.cve„ Thpse electora elaimed a righttó vote fcr the SW'o hnder a special ap[i)intiïu ut givöö thefñ t: áo th:i( ::ur act. Whon a coni;ctent court adjudic.Ui il as matter of facl that ihe Uavos i;rri: had no appointmónt. it vás a logica! aud legal tiecessity wliich dei-lared the uniinthoi i.id be nuil and void. If this were not the i i i ; :■ -ip'.e, theu any impostor, or auy at iinpcstnrs, might send up.tïieir ballob, aml iah: wonld be as goöd as another. Bnt again, let it. not be i'orgoto'ii il::-' th 'I'ikli.-u elector hail alho "tït lt 1 't ii - aui i .: ■ and ín the sanie 'way. 'vVhy did not facl makeasniurh wëighi for tlioin as for the olhers? It ivill excite tho wonder of the world to l-.-.u-n that. in the opinión of the eight, a in.'i':on who voted under an uppointnienf given him by the people, accordjng to law, conld not be ovon a de facto elector, Bttl ainóther pérson wlu ta4 nothinj; to rliii'M by .'ïcept Ui■ ■ l'lfllunl and void declaratjói oí i '.■ (timing Boord jvae good de i;t'l ' '. ii ' : ' ' " else. This dool ii' "i iii' 1 facto sanctiiicatiou íñg acto which haVo n5 other 'ireliahóf snlvuthem," and making thé votes of iipaiithori.ed men.as.good aaif tiiey: ■ ■■sous duly appointod, cuts a great figure th.r6)ig)iont t Uc wholc case. It is not applic.abléj bnt the tiglit apply it everywhore, and. sb'angè tp aay, they never use it when it does not make In favor of Home fraud or otliur. One who votes accordinj to the public will ot the State. iQgally expressed thróngh tl:, bnüot-hoN-M. is de faco uotiiiiifi. liut if lir m di-fi-ided (.r incügible, he is de f acto all he wants to bf , Que of the Have electors in íiOÚisiana vas a l'i-di ral ollitv i : liis (ilection was forbidden by the constitution f the tMltfed States, ai:d ho was noj rirrfed bnt l'raten at the polls: de facto stfátni d ida utmost power on him, and pulled him throu ;h in spilr oi constitntion and people both, ün.t Uia Democratie competitor, who had Mted :van elector in tlie sanie way and to the s:.i. tent, was legaÜy chosen by an overwhel majority. and oonstittrtionally eügible; theteluiv. de facto OOUld do nothing for him. FllAUD ONDEB TIIE FOBMS ui' uw. In all the disotUEdons óf the subjècl thfl Men disposed to favor the oonípiraoy profé iuo.-t iirofonud veneración tor tha ■fonnsof law." Tiiis was thr keyuote stnicli at New Orli ana by t Ik? visitiug committeo, and it i. heard In eve'ry Bubseqnont argument of counseland coniiuissioner on thal pide. It Boomed to be uniltist' mil among tbem that a formal oheal w.is perfeoUy saü from exposurc. If the s pnlohre was whitod on the outside, it made no diflerenc" that it was lilled with " corruption, dead mau'a bones, and all unaleaauess. No refuge of lies could bo yept : away. uo Inding place of fÁlqchood oould èvcr be tineóveréfl, it Et waa built In the ! prèsdribed lorin. Onry give ii the lejía! Bhpe, and the oveiHowinj? Boourge wonld Be tnrr.cd i aside. Bttfc "legal foroatrhi9vróvdr tilliablo rts a ; c;i,rim; ful' trauil, was. in (luir j mtniLiit . Ho protection fot' trnth oí' jtulioe pr public ri lit. Thowijlol LouixUua wan pronouuced al Ihé el ction willi all the oleinnit.iea reqnin il by t t;i nu of the State and of the (Jnited stars. The appototment of the Tdden eleoWrB ou tHe Tth of November was a perfectly legal plece of i work ; Hiero was not a flaw in lbo record of it axit caiiic iruiii tbe hands of tho appointing power, But it waa loökod on with porfeol couti-mpt. Neilhcr tbc visitiug conimitUr, nor the Havo counsel, nor tho ejeht conunissióners besitowed on it my of their ovo. Tbcir ' tioim were othorwlée engaged ; tlioy 9tptric bomage and devotion of tluir hfnrts to the beautiful rogularity, the exquisito precisión, with which tnó Rcturniiig Board coinponnded [te fálse oertfflttafo. paradox of the eiaht is oixriona enough to be noted. They declared repeatedly that they had 110 power to try a contexted election ca'é; sn'd for that reason they would not look at the svkUiice whi-h ahnwéd prbat ., vrere duly appoiutod olootors by the peoplo. Now mark ! Tlie case wan this : Each of those vcitc.i came accompanied by what waH asserted to be proof that it was cast by electora drüy appointed. Tlie oonflioi was to bü determined by tho verifyins powr which Congruas üiMinrstionably lias, and which tho coriniiisBionen Ktpceiely assumed whon tlioy swore that they would decido who wero duly amw'Jnted. To' decide it one way or tho othrr reiiuired precitely the same jurisdiction, and oalled into eneroúe esiotly the eanw (aoultMs. ïet they hpld Ukot if they de-ided according io t ! i r - trutli in favor of tho electora actually ipIMiintcd they would be trying a contested in; but if they dedde'd in favor of the preténdela, who had nothing but a frandnlent certifioato, llicv would not bc trying a con,.iil elecüon ; in othcr words, their jurisdiction was full and ampio to decido it falsely, hut wholly uuequal to the duty of deciding it Uuly. [NF.LIOIBLE l.l.l'.cl OHK RECOONIZÏD. Perhaps nothing shows more pláinly the animus of the eight commisaipnera than tbo deteïminaHón öioy made upon tho caso of Brewai' i . the ineligible clirtnr in Coniidana. Keep in mine! that their diTmed duty was to deotde who were. chïly appointed, and what votos were proeldeJ. iör' by conetitiition, and thiuk npw thoy perforínáí it in this pirt "f the ease. Brewster was not. only defeftted át the polln like the rest ; he wan, besido, a Federal ofticeliolder, and the conatitntion exprésgty declares that no suoh person shall be appöinfed au elector. But for TEEIK VIOIATIONS OV THE HTATUTE ! Tho action of the returning offleers in tho whole business was ünsupported by ltgal authority. The Legisiature of the Sfate did not. becau'se it could not, givo them power to disfrSnohise quaÜfled elèctors. They lackeil, therefore, tne general jmisdtction which they assumed. Bilt that is not a)I. lüeyproceeded in the Very toeth even of tho void Btattrto which thoy prof essed to follow. That statute pretende to i;ive them no such authority as thi'y cx -ivi.-ed over any return to wliich a proteel or statement or cnorge öf iutiroidutiqn is not attached wlien it ie sent in by the .sor of Rogietration or Oommi88ionet of lilcction, and the charge so attached to the return nniKtbe snpporteq by the allidavits of three citizeusof the proper parish. Wanting this. the board was absolutely withOUt the pretenge Of power to touch the return froin nny parisb or polling-)ilace, excopt for Cue se of compilmg it and adding it as true to tlie Othors. Jïy tJio election law of Louisiana the boüi'-l bafl Ho inore authority to examine or decide a quesíiou of int inidation which is not , by the ekciicni officers than a private ïndividtral would have to stéal it froin tlie records and burn it. So stands tho law. The f act isjSBtablished by conclusive evidence that trom every one of th'; Democratie parishes the returns comè up without any charge, atat raflilt or protest. In all those cases ttey were therefore without color of juriüdictin;:. When nothiug eiae would servo tho purpose, they did not scruple a resort to plain f orgel y . Of tbc return froin Vernon parish every figure on the whole broad sheet was alteredwith elaburatepatñsunder the speoial direction of Vclls. Peïjüry and subornation of jierjury entered lrgely into th bnsiness: There ís liardly any tpeotea of the crivit a fa'ti tör which the law has a punishmeut that did not beeome ao elëmentary part of the great frand wliich was oommitted when the dei'eated electors and Ktat otScers of Louisiiiiia were faluely cerütied ai; choaen by the people. TUK CBEATION OS Ï1IK lOMMISSION. Bilt how was tho object of the couspiracy to bo accompKshëS ? The Hbnse of nepresenttai tives was Democratie, and without its consent. eipesued or implied ui .-ome form or anothcr, fco S ■ QoJ give effëOt to a bise count. The fh=t raten tion was to claim that the President of the Senato had bvtex to detevmine absolutely and aibitiarily what clectOVii] votpB should be COtmted and what not. This was (e great rillving poiut until Mr. Conkliug tooi; it np, and, in a BPeèoh of surp:s-ing ability, utterly demolished and rdaced it to invisible atoms. lt becamc HCttlecl, therefore, that the two housea must count the voten, and this clearly inipHed the power to inijiiiic and determine what wore votes, it cuuld not 'no Aenied that the voice of the House of Representatives was at least as potcuüal as that of the Senators ; and it was Bot sopposed that the House wonld snffer a fraud so glariug as (bis to be thrnst down the t'nroatot' the country " against tbe stoma. -h of its sense." But if the two bodies wonld declare inconsistent renults of the count, and proclaiiu the chetion of different l'residents, a state of thingsinight come which would subject our insutntians to a atrain Bavero, enoughtoenda:i;crlh'Mr. pv.itly. It was in these dillicult. ■ s tliat u mixed cunmiission of tift'-ii irae pcopcBod, oonsisting of live Senators, live llepresentativcs. and five Judges of the Supremo ('ouit. The mode of appomting them made it eert.. in t li;it fourteon would be equally djvided botwi D i .ulies and, as the fiftn Judjxe wppld be nanud ly Ui6 consent of hi brelLien qa buth sides, he migh beoxpectedto stand bctwQsn tlnin. likc a dayunirvii, with a lian 1 as ïu avj on one liead as fche othejr. The Dëniocrats consented to this in the beUef that no seven UepublioaiiH could be taken froin t lic court or from C'ongrcs.s wlio would Hwear tí) decido the tintli and tlien uphold a Unown fraiul : if mistaken in that opinión of tbiir :mversaries' hone.-ty, thcy feit snre, at all events, that the nnnnre would be a fnir-miuded man. They were bitterly disappointed ; the comniission went eight to seven lor the greai fraud and all its braïiched : tor fralid in the detail and in the aggregate ; for every item of fraud that was necci-ary t'i tliesuin total big onongh : - eight to seveu all tbc time. IT EEFD8EH TO po ITS DUTY. We must look at tlie state of the case aa it went bef ore the comniission. Tilden and Hendricks had 181 electoral votes lear and free of all disputo, one les.s than a niajority of tho nhoié number. m had in Louisiana eight, and in Florida foor, appointed by the people, bnt. falsely cortilied to Hayes and Whceler by the Governors. In Oregon thiy liad ono certified by the Ooveinor, but against uliom a. popular niajority had been cast lor on iv cuididate. To Bloot Hayes itwasneccssa:y that cah and t.-vtry one of these tliir teen votes shonld be taken from Tilden and given to lijn: . As IHts reqnirea many distinet rulings bnüed upon contradictory ground, the paih of the commissiou was not only stecp bnt crooked. m-.noiyo K)ii orkoon. The coimnission, following the lead of counsel forMí llaves, insisted that thecertiticateof the ïo-opcr Stiilc nflicer ought to be regardedas conciusive evi'itiK'c of 1 1 u ■ niiniutinent made by the people. lt is muloulitedly bene that the Stati has a right to speak on this subject throtigB her own organs, and when vhe does sjuak her voice should he reganled as trr.c. Uut what otlicer is her proper organV The Oovernor being her jiolitic.il chief, and bis certifioato requlrod by net of Congress, t STOIlld net have been nnreasonable to Uold that i wss conolusive imlos tainted with'frauí. The Hayes electora .had tl' Excertificate in touleiana anl Plorid, and thi-:, in regard to thoae sin-e-, .;ae the eight a grcat legal edvantage, Bat they thnw it away, abandoned the attestation of ti ernor as n'ortbïessj tíftliñied no faith or ei ,■ i! for it, and pconounced ii open Ir. oontwtfliction, no r 'iov honestly it inay have bèsn given. What was the meániug óf fhia phcenne which ariphTcntly opeöed the door of invefttlgfttioa -ve:i widtir tiian the Domtid? It was understood by ev(-rybofly'. Clie commis ion was hedging for OreKon. The eiglit w'-rc féaohing acvoss to the l'acific for the vote there, which was just asimportantasilietwelveonthe Gulf of Mexico. For iil'posè of elebtiug Mr. Hayesthis vote was worth :vs ".inch as all the olhers. To get tliat votefi' ' .- ■ adldwte 1 1 :■■■ were ceqaitedto go further than they ■ :.;. for any of the rest, and so they held: f. Thai tho certifica te of the Returning Boszd waa pivprid rtgore an ap■ poiiitii!c::. L'. 'J'lmt il was a duo appoititment, thoQgh corrupt and dUhoueat :!. That this was a vote prö'vided for by tlie constitution. thongb the constitnlion in plain words provided against i'. IBB :ri,l. EXTBNT OF TUK OUTKAOE. After at!, there was hut one question } ; ir the coiniuisiuii. Had the American ptooplo. a i.i eleot their own ('hief .Magistrati-y i . h!! the right. Thejr anoestorg struggled for it long, fougnt for it often, iind won it l'airJv. Beiitg imbedded in their eoiifitit'ition. it r.umot lic deslroyed exeept by a forcé strong , i n.jugh to overthrow ilie orgauic sfiu.turt. of 1 Uk! Government ltself. Legislativo enaetmeute or Judicial deoiídona aro powerlese either to strengtbin or impair it. Tho legerdemain of lawcraft, tho eatcbeB of special pleading, the suapperadoes of practico, do not help lis to derfde a matter hke this. A greal naUon must not bo impuleil upon a pin's point. l'i 'edi'iits which inight bind a c(,ui t of quant i .essious détermixnni the Bettl -inent oi a paunt r cannot tie np the handn of the Rupreme Legislature defending a fiindamental right oi (lic whole people. When Greuville, in 17üii. cited the authority of diver e,i.-'s tn si. ow that America inight be taxed wilhotll relireselltation, l'itt answeied: ''I iiol hure avmed at all points. with the. sta tui e book donKed down in dog's ears, toder, m: .h ia! o! l'.iity. lean aoknowlídgí no vuneiaUou ir 'any procedure, liw. or iii'dinaucp tbat is i-epugnant to i-eaou and tlie Bint pnuïsiplCH 61 óni ooiwtituHon. 1 ivj Uial America has resisted.' So gpuke the deflant fnend ji' tnjr race in the pvcseiiC'.1 of a iiostile lai"hanuíitt leu ' ears üefore Ihe Deolaratión of Iudependonce. i And i.ow. after this long interval of tinc. we behold our greatest right- tbe rigbt uu which all othei' riglits depend - sncccsHfiilly afwailcd in our gwn CongrcKS with the .-ame ginall wnapoiis tlinl Ori-iivillc haod. If DrOto foroe had crushcd it out, wo might have home the ealamity willi fortitude; hut to ec it cüeumvented by knaveryand pettjfoggod t denlh, is too mucli to bo endurod with ftny show of pationce. U the majiirity of tlmt oomintsrion oould but have realize.1 tlieir ropo&ttbUity to (iod and man, if they CQnld only have tindcriitood that in á free country liberty and laware innoparal.lo, tlicy WOTltd bavc bicn cnrollcd among our gmatest henctiu'tio-s, lOr'thty would havoadded sWiiiigth and grandeur lo ouriustitutinns. lint tlirv could nut mine up t the ln-ij;lit of the great Hiibjoct. Party Danion ho benbmbed (heil facultiea that a fundamental riglitseeniod nothiiig to the m whfin it came in 0OHilict with sonie argununt Bupported by artiticial reasoning. and drawn from the. snppO96d analogios of tücluiieiil procedure. The constitutioinrax, in tlieir judgniont, outweighed by a void statuto and tho action of a corrupt liVtnniing Bonrd. Lut thase UüngH be rooiembered by or chil(licn'K chilihi n : and, if the friends of free government Bhall ever again have ueh a opnt i-st . let them fake care limv they leave the decisión of it to a tribunal like that which betrayed the nation by cutliroiiing tho great fra'ud of 187G.