The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-04
Election Frauds-Returns by the Electoral
Colleges.
E.on1 the N. Y. Times.

IRON Ute ~. I. ItnleS.
An impression prevails in many quarters
that when the lists made out by each body of
electors of the vote for President and Vice
President are opened by the President of the
Senate in the presence of the Senate and House
OF Representatives, it is competent for the
two houses thus convened to reject the vote
of any State if a case of fraud in the election
sufficient to change the result is made to ap-
pear. 1t has been suggested, in order to bring
up this question before the two houses, that
the Grant electors in this State assemble, on
the assumption that the actual legal vote was
in their favor, and transmit their list to the
President of the Senate, so that with the two
before them, the Senate and House of Repre-
sentatives may reject both, and proceed to an
investigation of the alleged frauds. But as
the time fixed 10y law for the completion of
the duties of the Electoral College expired
on Tuesday, this part of the plan must fail.
There are abundant reasons why the other
must fail.
An inspection of the twelfth article of the
first amendment to the Constitution of the
United States will clearly show that the two
Houses thus convened are merely ministerial
body. In the shape in which they are thus
required to meet, they are shorn OF all legisla.
tive functions, and are not endowed with any
of judicial character. Their duty is thus
defned-
1.-The President OF the Senate shall, in the pre-
sence of the Senate and House of Representa-
Llves, open all the certificates, and the vote
snail then be counted. The person having the
greatest number of votes shall be the Presi-
dent, If such number be a mai al1rity of the whole
number of electors appointed" etc.
But it is alleged that fraud vitia,es every
thing, and consequently that the Seymour
electoral vote is voii, and should have no
effect given to it by the body which is to count.
The answer is manifest that the regularity of
the election is to be assumed until the con-
trary is made to appear in the manner pro-
vided by law. The remedy is ample, but it
must be pursued in time, and within the
jurisdiction of the State in which the fraud Is
alleged. The Constitution of the United States
bestows this authority on the several States,
and gives none whatever to the General Gov
eminent or any of its departments.
The second section of the second article
provides that ''each State shall appoint, in
such manner as the Legislature thereof may
direct number of electors, equal, " etc. The
only power devolved upon Congress over the
matter is contained in the fourth section OF
that article, as follows:-
THE Congress may determine the time of
choosing the electors and the day on which
they shall give their votes, which day shall be
the same throughout the United States"
The significance of this nakedness in be
slowing authority upon Congress will readily
appear from an inspection of the clause declar-
ing the mode in which Senators and Repre-
sentatives may be elected, Section Of article
provides
"That the times places, and manner of hold
Ing elections for Senator'S ana Representa- yes
shall be prescribed IN each state by the Legis-
latuTe thereof but the Congress may at any
time by law make or alter such regulations,
except as TO the places OF choosing Senators"