doctrine that fraud, which vitiates all contracts
and agreements, which taints the judgments and decrees of courts,
which will even annul the solemn covenant of marriage--fraud, which
poisons wherever it enters --can be inquired into in all the relations of
human life save only where a returning-board is its instrument, and the
dearest rights of a sovereign people are at stake?
"But we are told that we created this tribunal and must abide by its
arbitrament. I propose to do so in good faith. I have, from the beginning,
opposed every movement that looked only to delay. I have voted
against all dilatory motions. But the decision of this tribunal is too
startling and too far-reaching in its consequences to pass unchallenged.
That the returning-board of Louisiana will find no imitators in our
future history is more than I dare hope. The pernicious doctrine that
fraud and perjury are to be recognized auxiliaries in popular elections is
one that may return to plague its inventors. The worst effect of this
decision will be its lesson to the young men of our country. Hereafter
old-fashioned honesty is at a discount, and villainy and fraud the
legalized instruments of success. The fact may be conceded, the proof
overwhelming, that the honest voice of a State has been overthrown by
outrage and fraud, and yet the chosen tribunal of the people has entered
of solemn record that there is no remedy.
'O Judgment, thou art fled to brutish beasts!'
"My criticism of the decision of this tribunal rests upon its finding in
the cases of Louisiana and Florida; upon the Oregon case I have no
criticism to offer. It is true that but two votes of that State could have
been given to Hayes had the decision first adopted by the Commission
been followed in the case of Oregon. However inconsistent it may be
with other rulings of the Commission, standing alone it is in the main
correct. The sanctity of seal of State and certificate of Governor applied
only to Louisiana and Florida; the Governor of Oregon was not of the
household of the faithful.
"The people of Oregon cast a majority of their votes for Hayes, and no
vote or act of mine shall stand in the way of its being so recorded. Such
have been my convictions from the beginning, and the great wrong
done in Louisiana and Florida cannot warp my convictions at this hour.
"We have now reached the final act in this great drama, and the record
here made will pass into history. Time, the great healer, will bring a
balm to those who feel sick at heart because of this grievous wrong.
But who can estimate, what seer can foretell, the evils that may result
to us and our children from this judgment? Fortunate, indeed, will it be
for this country if our people lose not faith in popular institutions;
fortunate, indeed, if they abate not their confidence in the integrity of
that high tribunal, for a century the bulwark of our liberties. In all times
of popular commotion and peril, the Supreme Court of the United
States has been looked to as the final arbiter, its decrees heeded as the
voice of God. How disastrous may be the result of decisions so
manifestly partisan, I will not attempt to forecast.
"Let this vote be now taken and the curtain fall upon these scenes
forever. To those who believe, as I do, that a grievous wrong has been
suffered, let me entreat that this arbitrament be abided in good faith,
that no hindrance or delay be interposed to the execution of the law, but
that by faithful adherence to its mandates, by honest efforts to revive
the prostrate industries of the country, by obedience to the constituted
authorities, we will show ourselves patriots rather than partisans in the
hour of our country's misfortune."
Some mention will now be made of prominent members of the House
during this Congress. The Hon. Michael C. Kerr of Indiana was elected
Speaker of the House. The vote of the Republican minority was given
to the Hon. James G. Blaine, who had been Speaker during the three
Congresses immediately preceding. Mr. Kerr was a gentleman of high
character and recognized ability. He had been for many years a member
of the House, and was familiar with the details of its business. He was
in failing health at the time of his election, and died before the close of
the first session of that Congress. He was physically unable to preside
during the greater part of the session, and was frequently relieved from
the onerous duties of the Chair by two new members who were yet to
achieve distinction in that body, Mr. Blackburn of Kentucky and Mr.
Springer of Illinois.
Mr. Blaine, the
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