, 1876-12-25
TILE PRESIDENCY.
SIDNEY SMITHS VIEWS.
10 ths Editor of Ths 7rtauax,

IL
work Of Government adequate to the cxtgcnclcs
which may ar!ac III Its administration. II IL
ean ID done, experience tas already taught us
hat the difficulties are grave, calling for the
exercise Of Tho highest qualities Of states
manshlp, tempered With a Spirit Of ab-
toluts eandor and fairness. II in
great emergencies threatening tho very
Existence OF representative government, q
mere partisan spirit Is to control tho conduct OF
men intrusted With the at1Alrs Of government,
thc end OF representative government on large
scale, on this continent, Is near at hand, A
ert.Is tns arisen In tho affairs OF our Govern
ment whc!! must bo met. Tho roopic demand
that IL shall bo fairly met; and tho fcaponsibill
y rcsfs upon those now In positions of Official
An election for the appointment Of Electors
af President and Vlcc-rrcsidcnt Of the United
states was held on the 7th Of November Inst ia
tion and the Laws Of the United States anil OF
tho several States. Tho Electors hnve met in
each State, a voto has been taken and certified
and forwarded TO the seat Of Government Of tic
senate. Here tho difficulties commence. Du-
plIcatc returns have been Forwarded from some
Of the Stntcs, and It Is alleged that III
so1o INSTANCES eertldcatcs of election hayo
6sqed cy siatS to hoss who
igrcc Tor should ogrcc} TINT those who wcre in
t.st appointed, ,a and thoso only, should have
mining how and by whom these questions nro
10 be determined, or whether, Indeed, in tho
rresent state OF the law they can be determined
# az. That the provisions OF tho Con-
ttectivo for tho; present emergency cannot
src fatally defective is to determine that our
Qovernmcntts ia at an end; for to seek relief
through measures Of violeneo and revolution
would bc Of itself tho end Of our present Gov
srnmcnt. And where anarchy and confusion
would end, and what sort Of a now Government
would b. erected Oh tho ruins Of the old, no
human foresight could predict.
Its but popular. error to suppose either that
4 majority OF tho whole Electoral Col
lege-now 1s5 yotcs-is necessary to tho
election Of President, or TINT oil Tho
tcyen in the absence Of dupltcatcs) necessarily
count townrtlb making tho requisite number Is
elect, for the Constitution provides that " the
person having the Ercatest number Of votes for
emaJorify ef he nhole na,nbtr ef EFetors aprojnts
a.. II one State falls to appoint my Electors,
Or II any States fall to appoint the number al-
lowed, sttl majority Of the ELECTORS actual.
elect. II ali tho States but one should
fal to appoint. a majority Of the Electors from
thG one staio appointing would nevertheless bo
bulllcicnt to elect.
Some authority must therefore determine,
gTcgatc, lave boon duly appointed Electors;
second, whether the vote Gust for nny person as
President includes majority Of these duly ap.
pointed mud qualified Electors.
The Constitution Of the United States rro-
vides that Each State shall appoint, In such
manner as The Legislature thereof may direct,
snutnbGr OF Electors cqual to tfo whole num-
t bsr q Senators and Representatives to which
talso provides that 'Tho Congress may deter
mine The tltne OF choosing Electors" Thus, In
Tic most pointed language, too puln for inter
pictation Or construction, does tic Constitution
elusive power to appoint its quota Of Electors,
and IN tile Legislature OF each State tho exciu.
tlye power to prescribe tic modc and
manner Of such appointment. No department
authority in the premises except TO ix the tlmo
Ehen tho act OF appointment shall take pIaCe.
Under these provisions tho Legislature 1iay 1t.
seli exercise tue appointing power; or II may
ot Ss t ss,s ts uoscrn, o. ass s
she Irceholders Of the State, Or upon a1l the
qualified voters, through the instr.,ucntality Of
- HI,,, ,ets s!est!on ion to ho hsld under. Slate
ipg, sontcstlnR, and declaring Tie result. Ali
thls Is whusly matter OF State concern. and tor
which tue members Of the State Legislature
houid be responsible only 10 their immediate
sVHokiLuElI3s AllA III ktt3 DlOnA DSW2f A)lu uj6-
eretion is vested in TIC State Legislatures ii ex:
press terms by tho Constitution OF the United
states, It could not be abridged, restricted, or
modied eyen bv the provisions # State Con
ssltutio!,. 3 Much less could legislative action
u tLls regard be controllcut ,rcc,lacd,
O. IN any manner rcvisca or reviewed by Con-
Ercss. OF by any other department Of the Fed
s!a! g.! Government: II tho Legislature Of any
state has secn tit to prescribe the nla,,lcr OF ap-
"a ELECTION law providing, among other things
iof Returning Board with full power to reject
any portion oi tho yotes on the allegation Of
Intimidation ia any precinct or election district
Thste such votes arcpollcd, forany other spccl.
ae1 reason, however frivolous or foolish, Iii tho
Judgment of Congress, such reason may ecem
sua the Electors have been appointed and thG
RESULT declared nader such law, 80 that tile
hlature has bccn followed, low can IL be sue
cessfully maintained that tho power exists in
my department Of tho Federal Government 10
Isyssse naas tac result dsclared by such Returning
IL action, or tho action Of tho Govern
Or ~ granting certificates to those dcclarcd
elected, or indeed 10 In any manner interfere
sa ha aet1on Of ths stats officials under such
such law, Or it's infamy or injustice, are Wholly
lmmatsrlal Inquiries, 80 far as Congress or any
other Department. Of the Federal Government
aso1'eerned, since no department Of such Coy
snen. lhs 1a as 1afsd!ctlon to review Or modify
authorities under It. Ii tho manner Of
99ppoint!ng Electors prescribed BY tho State
Legislatures has not beun followed for instance,
Ia Ian election " tho ncopls under an election
laW Is tho manner prescribed, and the appoint.
ment las been made by the Governor, or vice
s, sssssa, Or lf the Lcgislatusc should fail In its
aqlty TO prescribe the manner OF appointing
E!sstors, either By an election or dsllc,wise,
ssa, saA az Attempted appointment BY an election
mould nevertheless bs made, In either
aso tho appointment. would be nugatory,
anu there would be failure to appoint But Il
smanner Of appointment la. bren prescribed
~ r. Ecssucd, that ends the question, and all
@ls business Ut taking testimony BY Con-
S1esslonal Committee as to bullloztnE In Lou.
nlaaa IL al ailnlgss waste Of time and money, "a
!aers is no Jurisdiction 10 review the decision Of
!he lEsturning board Us to the fact Of intimda.
uoa 81 o. it4 extent. Ex-senator Trumbull and
e1uoy. Pallner ars too good lawyers
not TO havo seen The force Of this
position. Hence their attcmpt to show either
ihst there ~ no law In Louisiana authorizing IN
Or That u any law cxists II Il the lan Of 15GS,
iie5neu IN 1910. and that tue election was not
nea ne!a ana the result nacerta!ned anl declared
aauer this Law. ut course 1t they are right in
snelr positions there has been = failure to ap-