The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-04

In this division Of power It thus appears
that although Congress may alter the State
regulations as to the time and manner Of hold
ing elections for Senators, and as to the times,
places, and manner of holding elections for Rep.
resentstives, it can determine only the time OF
choosing Presidential electors and the day on
which they shall give their votes, the latter to
be uniform. Under these respective clauses
Congress has fixed the time for choosing Sana-
tors, and the time for choosing electors, and
the day on which they are to assemble
throughout the Union to cast their votes
That day, this year. is the wednesday which
has just expired. The fact that Congress
has abstained from doing more than to fix the
time of choosing the electors and the day on
which they are to give their votes, is to be
planned only on the assumption that the man
ner OF choosing electors is devolved upon the
States, to the exclusion of Congressional
power, in the clause which declares that leach
State shall appoint, in such manner as the
Legislature thereof may direct, a number of
electors" etc. The exercise by Congress of
jurisdiction over the rebellious States, founded
upon the war power-a jurisdiction which
supposes forfeiture of every constitutional
right and privilege, and claims authority for
prescribing the time, mode, and manner by
which, in advance of their readmission, they
shall exercise the right ofsuffrage-is not to be
cOnfounded with the power of Congress
with respect to States which have maintained
unbroken their true relation to the Union.
The exercise of the eXtren me powers which
arise from state of war have no doubt led
many to suppose that they may be resorted to
during a state of acknowledged peace. The
mere statement of the case is all that is re-
quired to correct this error.
On an examination of the National Consti-
tuition the theory is supported that the whole
subject of suffrage and its exercise, so far as
concerns the Presidential election, is devOlved
wholly upon the several States. South Caro-
lina at one time, appointed its electors by
legislative ballot New York provides in her
State legislation for the precise mode of their
election, for the mode of gathering the re-
turns of local boards first, in some locality
convenient to several counties, and finally at
Albany, and when and how the Board of
State Canvassers shall proceed to ascertain the
final result. The Secretary Of ofStatels then, with
out delay, to furnish each elector appearing by
the returns OF the Board of Canvassers to be
elected, with a certificate to that effect, armed
with which the electOr enters the Electoral
College.
The Board of Canvassers met last week and
concluded their lab0rs, aud thereupon the
Secretary of State issued his certificate to each
member appearing to have been elected. The
Electoral College met and acted in precise ac-
cordance with the power conferred. They
were authorized to organize on Tuesday and
TO fill any vacancies in their number, and to
ballot on Wednesday. These duties having
been performed, no power can now recall into
existence the Board of Canvassers-sueh are
the frequent decisions in this State-or the
Electoral College. The result must now be
deemed the voice OF this State, incapable of
being reversed by any authority whatever.
The question may then be asked, Is there
no redress for the gross frauds which unques-
tionably gave to the Seymour electoral
ticket its prepOnderanoe The answer is
this that the courts of this State, and those
alone, are authorized to correct such frauds
when their power is invoked in time 1t was
competent for them to order, on proof of such
frauds duly made, the issue by the Secretary
of State of certifiC 1tes to the Grant electors,
under which they might have assembled on
Tuesday. But as the theory OF the creation
of such a body supposes the exercise by its
members of discretion in casting their ballots,
it would be impossible to give the vote of this
State for General Grant, except by the aston
of an electoral college appointed by the
State. They would be deemed thus appointed
if the State Judiciary had ordered the GER
tifcate of appointment issued by the Secre-
tary of State to be withheld from the Sey-
mour electors and given to those of General
Grant.
AS General Grant will be pronounced elected
on the strength of precisely such certificates,
in form, as were issued by the State electors
of New York, the foundation of his authority
should not be disturbed by the action of the
Senate and House of Representatives when
they assemble in their ministerial capacity to
count the votes. If they should reject any of
the certificates issued duly by recognized
State, on an allegation OF fraud in the election,
il would amount to a clear violation Of the
Constitution.
In a case like that of the Dorr rebellion, if
the de fdcto Government and the Dorr govern
mept had both voted and sent forward certifi-
Gates, it would unquestionably be proper to
reject one of them and act upon the other.
The two houses would be bound to recognize
the State Government which the General Gov
eminent recognized as the true one. This case
furnishes, however, no precedent for not
counting the Seymour vote in this State,
however strongly they may be tainted with
the frauds in election districts which are so
generally charged and believed.
AS the time between Presidential election
and the action of the Electoral College is only
four weeks, it will unquestonably be expedi-
ent that every State should prescribe sum-
mary mode of correcting frauds. If frauds
cas- be committed with ease, and their correc-
tion is difficult and uncertain, our State elec-
tions will prove that the system in whole or
in part, is failure such as will expose the
whole structure which rests upon it to ulti-
mate ruin. The subject is too mOmentous not
to engage the most deliberate attention,
General Grants "FOreign Policy"
From he ". Y World.
The ines had leader, a few days since,
setting forth the great advantages which would
accrue to the country from the probable for
eign policy Of General Grant. SO far fetched