THE MORAL QUESTION.

Whatever differences of opinion there may be about the political and

legal questions involved, there can be none about the moral. The

presidential office is the gift of the people of the several States, of

their own free-will, expressed according to the laws. A falsification of

that will is an offense against the State where it is committed, and

against all the States. If the falsification is beyond the reach of the

law, it is not beyond the reach of the conscience. A robbery is none the

less a robbery because it is beyond the range of vision or the arm of

justice. If the possessor of an estate has entered through the forgery

of a record or the spoliation of a will, which although believed by

every neighbor is beyond judicial proof, all the world pronounces his

possession fraudulent, even though he scatters his wealth in charities

and gathers many companions around his luxurious table. The example is

corrupting, but it is against the eternal law of justice that the act

should be respected or the actors continue forever to prosper.

It is no answer to these observations to say that frauds have been

practised on the other side. Unhappily there is too much reason to

believe that neither party is free from practices which are at once a

scourge and a dishonor. Neither has the disgraceful monopoly of such

practices, whichever may have the bad preëminence. But this is certain:

one wrong neither justifies nor palliates another.

There is no set-off known to the moral law. Because A has defrauded B,

that is no reason why B should defraud A. If it were so, society would

go on forever in a compound ratio of crime. The first breach of the law

would furnish excuse for the second, and their progeny would follow in

sad progression to the end of time. This is not, however, the moral

condition of the world. The _lex talionis_ has been abolished by the law

of civilization and the higher law of the gospel.

In this case of Louisiana there can be neither excuse nor palliation for

the misconduct of the Returning Board.

On the 10th of November, President Grant telegraphed to the General of

the Army instructions about troops in Louisiana and Florida, and added

that "_no man worthy of the office of President should be willing to

hold it if counted in or placed there by fraud_. Either party can afford

to be disappointed in the result. _The country cannot afford to have the

result tainted by the suspicion of illegal or false returns._" And

again: "The presence of citizens from other States, I understand, is

requested in Louisiana, to see that the Board of Canvassers makes _a

fair count of the vote actually cast_. It is to be hoped that

representative and fair men of both parties will go."

Did the President of that day misrepresent his party, or his successor,

or has the party changed and the successor also? Had the virtuous

impulses of November faded away in February? Was there a change of heart

or a change of opportunity? Neither Congress nor the Electoral

Commission could give an _honest_ title, without investigating the

honesty of the transactions on which the title was founded; and yet a

President has been installed, in the face of rejected offers to prove

frauds, the grossest, the most shameless, and the most corrupting, in

all our history.

Then what was the object of the committees of each House of Congress,

sent into the disputed States? Was it to blind the people? Was it to

conceal a meditated fraud? On the very first day of the session,

December 4th, Mr. Edmunds, in the Senate, moved certain resolutions, of

which this was one:

"_Resolved further_, That the said committee" (the Committee on

Privileges and Elections) "be, and is hereby, instructed to inquire

into the eligibility to office under the Constitution of the United

States of any persons alleged to have been ineligible on the 7th

day of November last, or to be ineligible as electors of President

and Vice-President of the United States, to whom certificates of

election have been, or shall be, issued by the Executive authority

of any State, as such electors, and _whether the appointment of

electors_, or those claiming to be such, in any of the States, _has

been made either by force, fraud, or other means otherwise than in

conformity with the Constitution and laws of the United States, and

the laws of the respective States_; and whether any such

appointment or action of any such elector has been in any wise

unconstitutionally or unlawfully interfered with; and to inquire

and report whether Congress has any constitutional power, and, if

so, what and the extent thereof, in respect of the appointment of

or action of electors of President and Vice-President of the United

States, or over returns or certificates of votes of such electors,"

etc.

Was all this parade of committees sent hither and thither, summoning

witnesses from far and near, committing the recusant to prison, and

looking into State archives; was all this a mock show, a piece of

pantomime, for the amusement of the lookers-on, while conspirators were

plotting how to conceal what they pretended to be wishing to discover?

Taken all in all, the sounding profession, the bustling search, and the

studied concealment, make a drama, half comedy and half tragedy, the

like of which this generation has not seen till now, but the like of

which it and its successors may see many times, if the audience does not

hiss the play, and remit the actors to the streets.

It has been objected, as a reason for not receiving offered evidence,

that there was not time to take it before the 4th of March. How was that

known? Perhaps it could have been taken in an hour. Why was not the

question asked, how much time the evidence would take, before it was

excluded? If the certificate was false, and the falsehood was

susceptible of proof, every effort possible should have been made to

receive it, and receive it all. It is not commonly accepted as good

reason for not searching after the truth, that the search may be

difficult. Nor is it an unusual occurrence to require an argument or

decision to be made within a period limited. Ten minutes' speeches in

Congress, two hours' argument in the Supreme Court, a jury shut in a

room until they agree upon a verdict, a court required by statute to

render its decision by a day fixed, are not so strange as to be

remarkable, or found in practice so embarrassing as to cause the

practice to be abandoned.

Nor is it any answer to say that, if the offer of evidence had been

accepted, the proof would have fallen short of the offer. That does not

lie in the mouth of any one to say, who excluded the evidence, or

justified its exclusion. The characters of the counsel who made the

offer, and of the commissioner who moved its acceptance, are a guarantee

not only of their good faith, but of a reason for their belief. No man

has any right to deny that the proof offered would have been made good,

who refused the opportunity. They who closed their ears should in

decency keep their mouths shut. But it was not the counsel and the

commissioner alone who believed that the proof offered would be made

good. Every one who witnessed the examinations in Washington, every one

who read the testimony taken by the Congressional Committees in

Louisiana, must have been satisfied that the conduct of the Returning

Board was throughout unlawful, wicked, and shocking, to the last degree.

The title of the acting President, however valid in law, if valid at

all, is tainted with fraud in fact. There was fraud in certifying that

Brewster had received a majority of the votes of Louisiana, and fraud in

attempting to evade that part of the Constitution which pronounced his

disqualification. When the Electoral Commission advised Congress, and

Congress accepted, by not rejecting, the advice, that fraud could not be

proved, that advice being but the equivalent of saying that fraud was of

no consequence; when it advised that the incompetency of the Returning

Board, for want of jurisdiction, could not be proved, such proof being

but the equivalent of proof that the pretended board was not a board at

all; when it advised that the forgery, by direction of the board, of the

statements and affidavits on which it pretended to act as true could not

be proved, that proof being but the equivalent of proof that the

pretended statements and affidavits were not statements and affidavits

at all; when it advised that the barrier raised by the Constitution

against the appointment of a Federal officer to choose a Federal

President, was not a barrier at all--the moral sense of the whole

American people was shocked. No form of words can cover up the

falsehood; no sophistry can hide it; no lapse of time wash it out. It

will follow its contrivers wherever they go, confront them whenever they

turn, and as often as one of them asks the suffrages of his countrymen,

he may expect to hear them reply, "Why do you reason with us, why seek

to persuade us into giving you our votes, you that have taught us such a

contempt for votes, that one fraudulent certificate is better than ten

thousand of them?"

The Vote That Made the President · 第 6 / 10 题