The Republican journal. [volume] (Belfast, Me.) 1829-current, 1876-12-14
Judge Black on tho Election Traud.

w ASKING ION, DEC. u.
comply With the request to state my views con-
corning the electoral vote OF Louisiana the hope
that may thereby do some little service to the
case OF peace, good ORDER, and honest government
BY the Federal Constitution and the laws of Lou
isiana the people OF that State in their primary ca
paeity, and they only, have right to appoint elect
ors. This power has been executed ut the time, at
the places, and in the way prescribed by law. In
accordance with the universal rule of all elective
governments, the intent and will OF the whole peo
pie rs 4 body is spoken by the majority OF the bal
lots. They did appoint the Tdcn candidates Their
decision to that effect was spokenb by large majority
III the prescribed way, with loud emphasis
Nevertheless certain State officers of notorionsly
bad characc r have conspred among themselves ana
with others evil disposed persons that Il false vote
concocted by bogus body may be sent up cast and
counted rs if it WERE what it is known not be, the
true vote of the state. If it be received and treat
cd by the other States, then rule is established
winch takes The power of choosing oar chief nagis-
trate out OF the hands in which the Constitution is
supposed TO have placed it, and gives it, without re-
seryaion, to any combination Of swindlers who may
by fraud or force. OF accident, get the machinery OF
State government into their possession If this be
submitted to without opposition, as a wrong for
winch there Is no legal remedy it is not probable we
will ever haze an honest election again.
The question tn N arises whether there is or is not
some legal authority by which this frightiul wrong
can be remedied If the Constitution has not given
to somebody the right to arrest fraud before il de
teats the known and legally expressed will Of the
people, then they have retained il in their own
hands; and they must compel obedience by their
own physical force, or else surrender their right OF
selfgovernment altogether. \ construction of the
law which logically leIdst to such conclusion cannot
be the true one.
There those who TO expect that Gen.
Grant will take it upon himself settle the conro-
versy with the aid OF the army In ordinary times
this notion might be treated with derision. but
President for the time being has superintendent State
elections with the bayonet seated Governors who
were not elected tumbed legislative bodies out of
their halls, and done divers other things which show
that he has very curious views Of his own powers
and duties. Still it is not likely that he will carry
things to the point Of making upon the people
relecng iiden or upon their Representatives for
raffrS In Jtl liant nt
Those who desire to make this particular fraud
successful take the bold ground thai any paper pur-
porting to be certificate of the electoral vote if
sent up to the President of the Senate and by him
opened in the presence ofboth Houses must be tax
en- as nalibly true, subject to no scrutiny and open
TO no contradiction. This is in square conflict with
the uniform practice Of the Houses. 1t is inconsst
ent with the rules which they have deliberately
adopted It is opposl bv opinions of great men in
the past Weil as the present. 1t has warrant
in the words OF the Constitution. 1t is utterly 1t va
rance with the reason OF the thing, and il grossly
violates the right of the people to be protected by
their representatives against imposture ana Nliny
The duty assigned 10 the Iresi lent Of the Senate
is very simple The certificates being sent TO him,
be- must keep them As lie gets them, III faithful Gus
,ody and close under seal until tie day OF opening;
and then he must open them in Tho presence of both
HOUSES When that is DONE his special function is
finished. Because lie keeps the packages, is lie to
pass upon their validity, and force the Houses TO re
c"ive and count then contrary to Their convictions
of Justice and truth? II MgH well be Sai', thai
the messengers who bring them up have MS kind
| OF power. llle votes being opened shall "them be
/ q
words by whom the count shall be .na,l. but lie
rnr of construction which ryrs the. aul hortyto The
Houses. and Withhold ii from the President Of ile
senate il very llain Judicial o,ytr is n,, rr in
errra rom the lrslov,ai of a ministerial, luty
I'M VOTES ni th, Statrs for resident and Vice.
| President are 10 be counted by both Houses, in
their presence, in their -ignt and hearing, amber
Their lupcry siou ana control ans; truly counted ac
! cogtling to their Judgment and conscience. ihe
i4t. power, and duty Of the Houses are 10 coHnt
the lrie votes of the States Only. Ii is plain to Us
| that in ease OF disagreement between The two
HOUSES concerning their dniv 10 count or to rjrcl
II vote the Judgment of the Senate must prevail in
regard 10 th, zee Pre- rnr aud tliat # the iiuII.
| an he irrsiarIcy
n ). claimed thot tl r.titrat,. 81 STAT, ,i,,,.rs
if II b,. In due form in;,arts 1ilsntttlr yeyi:y n st
b. taken as inlai}y rue and cannot b. Questioned
or di.rutr.i This j. true doubles. Cdual,.ss j.
not a national rriurnfne board. The decision if il
be decision, OF ic state authorities is ~ conclu
siyr aud binding On all the world including on
ereas as the Judgment OF a court OF Iesi resort upon
| a subject within it, exclusive jurisdiction.
Congress i, bound Therefore, 10 Count the Louis
lana vote unless some fact Do shown against the
csrtiticaf. which rr,,f !. Il, lac MOI pr,Iv erronp-
ons lf Toid # he ,.tr comes IN, trnnn : Ind, If
men pretending 10 be elected, but " no. IN ruth,
have never been appointed as such according to the
laws OF the STATE their act must certainly be treated
| as a uuility Men cannot constitute themselves
electors, nor he constituted ly ANYBODY else rxcept
| tI,. prolier anpointiun ROVER Here The mower ia
| appoint j. III the re Die, who have exercised it,
| Their votes are counted and recorded deeisiyVlv
Showing leir ,i4sienatiol OF certain persons As
| tneir Apprentices but the governor dishonesty takes
| inc tor President in the name OF the State ii this
be NOT Il mere bogis college Of eertoi- what would
| he
The riolf Of Congress 10 throw odt liz! votes of
| r.rsons not duly appointed las never been denied
! IL cas44 Of territories not fully admitted as states or
o state. -itnuospd 10 he olit OF lie mon a. co,s
| .uenre OF tie rebellion ii yol reject the votes OF
lcctor Lecausc me st4te ro1,i G,l anf.,t ,, 5,Jf.
| ON, Won must reject the votes of persons to whom
tn, ,nlantinn no,ycr q.1,rrs-y r,t,tst tiI tru-t
| ana bestowed il on others
| 1t viii not lie denied that Compress may inquire
n1n Inc pau,iI,enrso of any eerti,jcte 1ro,lu,d h.
| thp President of tha r,natq If # ia I.povn tn H.
1,o 4er1nrI LAT M, Sc. [,at f,Ilo,,s il, th, ,, mn,
ar rnnsi,l.I9tinn Inraerv i. fine tr,rijuleut NIL
mo ~ 3ltar,t;an Of - ,.ritg ia fIc nra,iicn ot an
ota, rioht n TN. rpt,unIo fo,,,i ~ ,ov- rnor
~ oui~qma vl,lv tr1ndurntl,r and I,lsrlv n,1L.
= crrt;fr5tr that s,Ita;l ,Isone fl,rItin mined hn1
- ,,ainritV Of tla ,ni5Il, ,,t,. ln,-i,,,, ~. faI
to ~ otheruis tH4y br;nr 1he,5-,iTs ntr5iiy
| within ,l,i. ,intin;tion '
n,nt fnr t,,rnrrr cannot H., .,st,i,. ,it,,,t ,,,,
ar am 4rnqf f,fs, InaI,in,7 az tl, II,,,, -; t
| in 11rt Eut this latter ruIe .I,14. nnlt IN ri,aT
n,,i.rrs and ,,1,'Il n.ll, sof lI ~ co.; ~ '' ~
| i''l'' 1872 ~ ~ i1"', Liza N"A