The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1860-11-22
Exercising Doubtr rnl Powers.

We briefly noticed last week that Gov.
Packer had issued his proclamation de-
| claring VIM. II. Lehman TO be the legally
elected Congressman from the First Dis
trict, Philadelphia, notwithstanding the
fact that the Judges of the election had
given the certificate to Mr. Butler. That
a fraud was perpetrated in the district
was clearly proven before Court of JUS
tice, hut the laws provide remedy for
this, and point ont 4 tribunal by which
it shall be decided-with which Gov.
Packer has nothing to do. The fact is.
the Governor, in his zeal to subserye par
tizan interest, has transceuded his power
and meddled with that which does not
concern him. Much as we desire to see
the purity of the ballot box kept intact
to see fraud and corruption rooted out
from this popular fount Of power-we
cannot sanction an official stretch Of pow
er which establishes so dangerous prece-
dent as this. Here is what the Philadel-
phia Daily Nees says on the subject:
That fraud was committed by Byerly
has been proven before Count Of Justice,
but that Court has not undertaken to in
tcrfere with the return Of the Return
Judges, tor the very plain reason that it
has no ri sht to do SO. Every good citizen
will not only deDounce the fraud commit
ted by Byerly, who is now suffering the
punishment due to his crime. but will also
commend both Judges and District 4 ttor-
ney for the promptitude which governed
their conduct But all this does not JUS
tify a second wrong on the part Of the
Governor, who has no more right to %
behind the return made IT, the State De
partment than he has to do any other IL
legal or outrageous act.
If Lehman was elected to Congress, and
did not get returned by the only power
which had right to make one, he has his
remedy. The tdU provides who shall de-
termine that question, and Governor
Packer has no more to do with its deter-
netndtion than We have. Two wrongs new
er yet made a right, aud whilst Byerly is
convicted for having committed forgery,
Gov. Packer commits what is, to say the
very least Of it, gross outrage, by usurp-
ing power which does not belong to
him.
If he may establish precedent of this
kind, he may go behind every election re-
turn, and proclaim himself the Gar of
the Commonwealth. On the same princi-
pie he may refuse Col. White, who was
elected Prothonotary Of the District Court.
has certificate, and give it to his competi-
tor, and this for no better reason than the
latter is Locofoco. The precedent thus
established is indeed dangerous one, aud
merits, without regard to any circumstance
supposed 10 be connected with it, the Sc
verest denunc:ation."
The PansylUlnion, Loco Foco paper,
severely censures the action of the Cover
nor, and after citing the law on the sub
ject, goes on to say:
"Such departures from the plain path
Of duty, such stretches Of official power,
should be closely scrutinized and promptly
condemned. We call public attention to
this, as the first instance within our knowl-
edge, III which a Governor Of Pennsylvania
has disregarded and rejected the iG,ctM re-
ttcra of the Election Judges. 1t NAV be
asked w hat then is the remedy? We an
swer the remedy is in the House of Rep
reseutativcs, which is authorized to Judge
Of the election of its own members. 1t is
the duty Of that body to rip up frauds,
quash false returns, and give the contested
sea- to the person entitled to it. it is not
Governor Packers right to set aside re-
turn made III accordance with law, and
give the election to one who has neither
the certificate of election nor the return
required by law. To suffer such an as
sumption Of power would be to cndanger
the very fabric of our Government. Let
this thing be ventilated in Congress, where
it belongs"
ABOUT SECEsSION.--A writer in The
N Y. Tribune of Saturday takes the fol-
lowing philosophical view Of the secession