The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-13

volee the appointment " the electors on the
people at large. Having done this, u can take
all the Necessary measures to asoertiin aud
verify the results the election; hut any eNer-
else OF power to change these results Ivy the re
jrction Of votes actually aud legally cast, aud
the enumeration Of votes not actually al
though legally entitled to be cast, would mani
fcstlv oe the exercise of power OF appointment
entirely inconsistent with an appointment by
the people.
| IT YOU will examine the law Of Louisiana un-
der which the Returning Board of that safe
has dealt with the popular cnOice of electors, in
| connection VITA their underst inding aud adj
mihis'ration Of that law, am persu del YOU
will agree with ma tn such an exercise of
| power Is not within the constitutional grant OF
! power TO determine the manner Of appointing
| electors that instead 81 being legislation on
| the manner of making the appointment, 1t goes
tho whole length Of an arbitrary revision and u
| total reversal Of the popular choice bv small
body Of officials, clothed with the extraordinary
power OF rejecting the votes " entire parishes
| or precincts upon assumed theories that the re-
| suits Of the popular vote in those parishes or
| precincts ought to have been different from what
| they actually were. lay aside all consideration
| OF the notorious characters and the interested
| situation Of the members Of that board. IT. IN
stead Of being what they are tnown to be, they
| "e'e ''o p",o,' "''u ~ ' - ~
| change actual maJorites for the cJuses and on
| the assumptions embraced in the provisions Of
| the Louisiana statute. 10 a monstrous stretch OF
| power. in INV Judgment wholly beyond the grant
OF authority which the Federal Constitution has
| conferred on the State Legislatures. II the
| -, - " - " -, 49,, 49,,
| irehinehuai eieotots I" oe appohtcu w '"0
qualified voters OF the State. had made provision.
-
| - "
votes by the nnal canvasscfs OF the election, the
| peouIa of tho Union would nave had no reason
| IA .,u,,,i In rn,t ,yould h.v,. h.en an inch
| W. NV"''' ''' - "VU'- -
dental and implied power Moving orilnuriV
| and necessarily from the power t. determine
| ,ho ,,,,nor ~, ,h, ,u,,,ntr.u, I'm, whom
'"e inAu"eI VI '"e appointments ""' WV"
state law invests the nnal ctnvasscrs OF the
popuIar election with ppwer to rel,ot at their
80, 49,, - ~. 49,. 49, ,a..,',,,,.
uHCre'oh votes '""' Nete "'tua'' anu 'a"i"'N
cast. upon the assumption or proof that there
VIZ ''''9 NV 81 '"''' - '"'
TO be cast, aud IN some way wrongfullY pre-
ventad from bein, c,st. and that the-e were
,,,,, 80, $50, ,, ,,,,t,.,,,, ,,,, ,,,,,,o,
sun ''"' ~ o"s'se '"e '"'l'''i' Jus ''0"''"-
,"e ",ou' " "'P''',"'."' " Wv
the people, but the farce Of a popular vote,
suhie,t the arbitrary rcvision and reversal -
handful OF public Officers. who really MAKE the
| appointment al their own discretion. such "A
mode of nppoiutmenf. IN ongrai aud mixed. hut
-
Al last exercised Nv the c'nNiS-'nt "m'er-'
submit to YOU. never was contemplated by the
| C,s,,t,,,i,n ~ tnp Irntt.d sia,as and 4. nnt
-. ~. =,
withn the scope OF the grant Which II mas MADE
to the State Legislatures.
| ,,ass ,,,,x T., IN. sacond inouirv n.maiv az
| 49,, =, =
sumlnS thht Hlcn W"ue OF hppnlhthg elect"TS
Is not within the cnmucfencv Of q safe L'gis-
Iatufe. can the two Houses Of Congress or eitncr
| Of them. refuse to count tho electoral votes 4
Louisiana. IN entire consistency with tne prlnr-
| ple which makes tue certificates i've
cvi lcnce that tain persons acted as elect lfs
ana gave the votes winch they certfii And
here 1t may h. observed that u i one thing t.
ad nit the certihcatrs ~ c1ucli siye evidence %
these facts. and atutalN different tnins to adj
nit them As uuquesdpnlple cvidrnr" that the
supposed elcCtor. were dulN alppiuted. IT a
certificate duly verified comes from state
witch the Houses 81 C1neress JldiciHN kno~
t. u" a state OF the tnion. IL i und"uhiedly
conclusive evidence that the persons VINO signed
u nried ~ ,ecl"r, ana gave Tue Nn'rs whl n
ihcF r'l'N' ana III a' orn'hhrN vi-eS thrIe
"'u'l ~" 900 "''.-l I'D ~ .uV 'l .i'h.t' hH' W
q, ''t''n ''' ,l"'- FROM Hi"t MNl'l, .Ue
| ~ '"' i.'. "al' hi'N rs i't ~ 'Ii'
.lu.i' - ~ 'n. I'D" ~ '' i'r 10 80
| "' '''' '' 10.
| 90" xxx .t'.," 4, g.,
'N. "'." t ."''N . ""
| Nti.i USE - NtNN". l.N ltN.N % ttff no