The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-08

no one can read without eeaing That 10 was
pissed ny couupt In-i-ltture TO prevent tho
people ~ The state from turning out tho party
then occupying the state Offices. Ketnrulne
Board certainly ought 90 Lgye JuiitiHl - quasi
iuuisla' p.Wcis 10 rer'Hin tNleht. tul HW
l'Ouisianl board pss'rt uoVtr To- dliranrhi-e III
thc inhaJitan uf any part II Ia which there has
been nm a"t % violence, lio'. tHmilt. IN imil l-
ION, armed disturbance. bribery. or currunt ~
fuence. Their Jurisdiction, ~ they claim IT,, Il
thai Of the hi4rcst criminal c1ur, aud is 70 bc
exercised IN was totally UtOhibUe1 to all
courts They may try the people Of whole
parish at once. and condemn them all On ex
paftc statements, within hearing or notice.
y conviction obtained IN this way ~ iMme-
diatev followed Nv p sentence Of disfra cn-e-
ment, TIE most Ii9ttful y ,nalty that can be IN
nicltd on people Struggling 10 ffce themselves
,on we domination oi recklrs' knlVas
WIN any man IN the world = that a power Ike
,his may e held AID welded ny a returning
~ J." 'ohsl.. 'htiy WIN tue luudlincntl Nv 81
l.nui- lana or my other SiutcY No. IL makes
tue rlgnt OF suffrage mere mOckery. Nor =
over, It tiatiy v'ol tics that * ress provisi N u
the Fodefd tonstitutipn which dc, larps thpt no
person shan hs di-franclsod except for re- cl-
Hon or other " crime :" which. Of course. means
crime 81 his own, whereof ne has been leg lly
convicted. Besides, this Lass do : not auplv TO
the case II Presidential ciec ors II IL cNtre.slv
confined to state, parish. and judicial officers,
70 members OF the Assembly aud members II
Congress.
Ga the whole case. the law and the Evidence
VIII demonstrate this to bc u mun~truus uufnit-
ivatcd, palpahle fraud ON Louisiana ana upon
the Who'll" American people. 10 Is not the vote
OF the state, nor the product Of any state au-
tnOrity leg lily exercised, but the mere spawn
OF a criminal conspiracy. II Is impossible to
sec how Congress, or either House OF Congress,
u. with Its ewes open. receive this tang and
palm 1t OF on the nation ~ genuine vote with
out becoming party IN the crimes which gave
IL origin.
>, But 1t Is possible that the judgment Of the two
Houses upon this subject may differ Thcy act
deliberate. and decide independently OF ach
other Though thew sit In the same tall while
the votes are counting, they sre not fused into
one BODY. Upon any question Within the iuris.
diction 81 both the judgment Of one Is as potent
a. the other, and L. T. eequ,lly clear that each
must decide for itself how, when, and In what
manner the separate duties assigned to 10 snail
Dc performed. Certainly difference between
the two Houses must be followed by disas-
trous consequences II 1t be true that each
has the same power over the whole subject
and over every part Of II. Let us see II this he
the state uf the law as the trainers Of the Con-
stitutiOn made Il.
The power to count the votes and decide upon
their validity IL not given in express words; but
elerting President and Vice President IN case
no candidate has majority Of the electors. The
subsequent and Immediate duty Of the House
depends upon the state Of the electoral vote for
President, as the senatc's action must be
The duty to do an act upon certain contingent
cy certainly Implies the power to ascertain
the Senate thinks II right to admit fraudulent
votes and can find enough Of them to elect their
candidate, they may install him IN the chair Of
their body, since there IA no legal authority Ia
the House or elsewhere to stop them.
The House Is equally independent when en-
gagged In the performance OF the duty separate
" and especially assigned II no candidate has
a majority Of all the electoral votes, the repre-
seutatves Of the people In the lower House
shall make choice from the three highest. How
Is this duty to be rightftllly performed without
ascertniDing whether any candidate has ma
Jority and II not, who are eligible az the three
highest? And by whom shall the fact DC ascer-
tanned II not by themselves IL the
House upon what II believes to be true count
OF the vote shall determine that no one has
majority, can the Senate interposer To ask
these questions Is TO answer them. The Senate,
having nothing to do with the Presidential
election, has no duty to perform about II can
pronounce no judgment upon IL that bilds am
body. For the same reason the House cannot
interfere with the business of electing n Vice
President which the Constitution has conndcd
to the senate. Each Is as far from the control Of
the other as both are from the control Of the
Executive.
There is a Joint rule OF the Houses by which
they have mutually bound themselves tbat
neither House shall count vote Tor President
or Vice President II the other decides to throw
1t out. neither this rule Is IN force or not
makes no practical difference ia the present
case The refusal Of the House to count the
ffauduient votes, II II does not prevail under
the rule must be made equally erectuAl under
the naked Constitution. j. :. BLACK.