The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-08
THE FRAUDULENT COUNT.
VIEWS or JyDGE j y. BLiCK on
1IfE POLITIC.tL SIfTIIION.

request to state my views concerning the cleo
tora vote Of Louisiana, In the hope that may
thereby do some little service to the cause u
peace, good order aud honest G Jvernment.
BY the Federal Constitution and the laws OF
louisiana the people of that State in their
prim ~ caracty, and they only, have risnt to
appoint electors. This power has been exc
cuted at the time, at tbs places. and in the way
prescribed by law. In accordance with the uni
versal rule Of all elective Governments, the
intent aud will Of the whole people as body
IS spoken by the majority OF the ballots. They
did appoint the ridden canlidates Thoir
decision to tuat effect was spoken by large
M iority IN the pre- cribcd way, with loud em-
phasis
Nevertheless certain STATE officers Of notor-
ously bad character have cOnspired among
themselves and with other cvil-disp0sed persons
that false vote cOncocted by a bogus body may
be sent up. cast aud counted us If II were,
what it is known not to be, the true vote OF the
State. II 1t be 20 received and treated by
the other States then rule Is established
which takes the power OF choosing our chief
magistrate out OF the hands In which the Con
stitution Ia supposed to have placed IL, and
gives II, without reservation, to any combina-
ton Of swlnders who may, by fraud or force, or
accident, get tho machinery Of Il State Govern
meut INTO tnelf possession. III this be euDnl tea
To without opposition. as n wrong for which
there l. no legal remedy. n l. not probable we
will ever have an honest election az In.
The question then arises whether there IL or
IL not some legal authority by which this fright
fol wrong can he rcmcdied. II the Constitution
fraud before II defeats the known and legally
expressed will OF the people, then they have
retained II 10 their own hands: and they must
compel obedience by their own physical force,
or else surrenJ or their right Of self-gOvernmeut
atogether. A construction gfthe law which logi-
caily leads 10 such conclusion cannot be the
true one.
There are those who seem to expect that Gen.
Grant VIII tate y upon himself TO settle the
dinary times this notion might he treated with
deTisiOD. but our President for the time being
has superintended State elections with the bay
tun oiled legislative bodies out of their halls,
and done divers other things which show that
he has very curious views " his own powers
and duties. Still II is not likely that he will
carry things to the point Of making war upon
the people for electing Iilden, or upon their
Representatives, for refusing to count fraudu-
lent votes IA favor OF HAYES.
Those who desire TO make this particular
fraud successful take the bold ground that any
paper purpOrtinR ~ be "A certificate OF the cleo
tora vote, II sent up TO the President OF the
senate, and by him opened In the presence Of
both Houses, must be taken as infallbly true,
subject to no scrutiny aud open TO no contra
uniform practice Of the Houses. Ii Is inoonsis-
tent with the rules which they have deliberately
adopted. IL Is opposed by the opinions OF great
no warrant In the words 81 the Constitution. II
is utterly at variance with the reason " the
thing and II grossly violates the right ~ the
people to he projected by their representatives
against impOsture and villainy.
The duty assigned to the President OF the Sem
ate Is very simple. The certificates being sent
TO MIN, he mus keep them as he gets them, in
faithful custody and close under seal. until the
uav Of openings aud then he must open them 10
the presence OF both Houses When that Is
done, his special function Is finished. Because
he keeps the package is he to pass upon their
10 Houses a
count them. contrary To their convictions Of
Justice ana TRUTH Ii might AS well be said that
the messengers who bring them up have this
kind VI power. The votes being opened, shall
then be counted The Constitution does not
toe made, Tut the rule OF construction which
gives the authority to the Houses, and wi h
holds It from the President II the Senate. Is
very plain. Judicial power ~ never inferred
from the besto~al oi u o. lDisterial duty.
The voteso Of tue states Tor President ana Vice
In their presence. In their sight aud he rins. un-
DER their supe vision aLd control ana tiuly
culuf,d Il according to their Judgment ani CON
science. The right, power, ard duty Of the
Houses are to count tue true votes Of the states
only. II Is plain to us that IN case OF dis gree,
ment between the TWO Houses concerning their
uuty to count OF TO re iect vote, the judgment
of the senate must prevail 10 regard 10 the Vice
Presidency aud that u the House ON the Pfesi-
deucy.
Iii, claimed that the certificate Of the state
officers II II he in due form. imparts absolute
NvritN must be taken a. infaiOly true, and
q tnuUt be questioned OF Disputed. Ihis i true.
doubtless. Congress Is not anational returning
lDrd. me de 'i-ton. II ~ be a decision, OF the
state authorities Is as conclusive aud tindiug on
ga the world. including Congress, rs the 1udg-
nent u court OF lat resort upon subject
within It's exclusive jurisdiction.
Congress l. bound, therefore. TO count the
IOui-inna vote. unless some fact be shown
against the certificate which proves ~ To be not
merely erroneous nut void. II the vote comes
up from "A body OF men pretending TO I've elected
| tut Who' IN ruin nave never been appointed "a
| -ucn according 10 the laws of the state, tnrii
act must certaluy he treated US nuliitV
| Men cannot constitute themselves cleo
r.. nor he constituted by anybody else
| except tho prorer appointing power. Her,
| VINO have exercised l.. Their votes are countec
| ana recorded declsIvely showing their design
ton Of certain persons as their apDointees. but
| the Governor dishonesty takes upon himself
md seven associates the duty Of voting fo
| President In the name II the state. N this b,
not mere bogus College OF Electors, VIVA
| would Der
| the right Of Congress TO throw out the vote,
| 4 persons not duly appointed has never beer
denied IN cases OF Territories not fully admitted
aa states. or 81 states supposed to be out OF III,
| Union as a consequence OF the rebellion. Il
| YOU reject the votes Of electors because ~,
| State could not appoint a fOfttOrl, YOU must re-
| iect the votes OF persons To whom the appoint
| ing power expressly refused the trust ana be-
| slowed It on Others.
| Quire into the genuinenrss OF any certincnt,
| produced by the President Of the Seuste
| II 70 Il known to be mere forgery. lei
us see what follows IL the case under con
| sidcr4tion. FORGERY Is the fraudulent making o
| ALI rat on OF "A ittng to the prejudice Ot an
| other rght. II the Returning Board and G. "
ernpr OF L1uisi ana WHOLLY fraud IDENTIFY, ant
| falsely make a certificate thai certain per- 81
| therein ulinsd had a majority u the popul
| votes, knONing tue fHct L. be otherwise, the'
| hriug themselves literally within this dchniti On
/ admit the better opinion 10 Toe that Ml I'm
| dirtment Tor for 'rrV c'unOt be sustained with
| uut proof Of IN actual false making of the pauc
| IN whOe or in part. Bot this latter rule a Pile
| only TO private papers, and would hardly saN
| the Louisiana conspirntOrs II indicted for Tor
| gerry In the fabrication 81 false election pNprrs
II mas never been neld that An official certhcat
| intended for fraudulent purpose, au,
| known u he false, IL not q forgery. Sup
| pose tie returns 10 be honestly made to III,
central authority ofthe state. where the Cover
| nor. Secretary, or special board OF cauyas,in,
| officers are required 10 aggregate the returns
| Can they make "a certificate wlltuily fal-ifyiul
| the whole result Of the election wlthUu. briui
| guilty Of forgerbf
| Ii the evidence laid before Congress tina
| Louisiana voted Tor Hayes. shall he shown {,
nave IT'S cOnception, its birth, and ITS nurture IL
| mere iniqlitN, what honest man can safely Civ
| u entertainment A fraudulent pApc
| proves nothing, II IL mere nullity
| Under proof Of any dishonest practice. any vi
| vate deed and every public record becomes a.
returns as well IA to everything else. The prin
ciple which fences us against knavery Il
matters OF minor Importance, Will no
fall US when an attempt Is made to chea
| us by Wholesale out Of the right to he GOV
erned by President Of our own choice
II has been applied to election certificates II
cases precisely anal lgOus to this. Once upui
time, tho majority In the House OF Represen
tntives depended upon the election Of member