The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1876-12-29

The following editorial article from the
graceful and gifted pen OF Gov. William Cur
.lss, In Harper's weekly, is q clear and sue
,inct view OF the " Democratic position on
tho present phase of the Presidential ques-
lion, and the duty Of Congress on the several
questions that may arise in counting the vote
and determining the result. We ask a careful
perusal OF the article:
The Presidential controversy is rapidly mar
rowing to the point OF the power OF Congress
over the State returns. The most striking
fact in regard to 1t is the practical abandon
ment by the Democratic party OF the Demo-
cratic tradition upon the subject, which, in
we believe to be the correct one.
This tradition maintains that the Presidential
election III each State is TO be finally deter
mined as the States may decide, and that IN
case Of Congressional dispute over the certifi-
Gates the sole function of Congress is to ascer-
tain how the State, in the manner provided by
itself, has decided. This, which is the obvious
and uustrained constitutional view, has been
very clearly and conclusively stated IN letter
to the New York Times by ex-Attorney Gen.
eral Barlow.
The directions OF the Constitution are per-
fectly PLAIN up to a certain point. The Presi-
dent OF the Senate is to "open all the certiti-
Gates " that he has received 'in the presence
Of the Senate and House OF Representatives"
He has no discretion to decide what certificates
he wall open. The Constitution says +" all the
certificates" This intends doubtless, all the
valid certificates But it does not authorize
him to decide which are valid, nor does it give
that power TO the two Houses. But here. as
General Barlow remarks, arises an important
judicial function which all ministerial bodies
may have to perform. 1t arises from the ne
cessity Of the case Tho tribunal must decide
xuh, - al 70 ba al f0ra
OF State really are such electors. 1t is obvi-
GUS that here is Q question which must be de-
cided, and which can be decided only by the
two Houses acting as what General Barlow
calls a Board Of National Canvassers. The
point which the Houses are to ascertain is de-
termined by the general principle that the re-
suits OF the election In each State are TO be
determined as the State may provide. The
Houses, therefore, are limited to the inquiry,
which OF the two sets Of electors has been de-
clared chosen by the State tribunal? The
question is not what the State tribunal ought
to have, not what the evidence before il should,
in the opinion Of Congress, have compelled 1t
to do, but what did 1t do which OF the two
bodies OF claimants did il declare to be elected
Having ascertalned this, the further duty OF
Congress is lndisputable. 1t is to count the
vote returned by the valid body Of electors I:
and the valid body is that which the State
tribunal has declared to be such.
In the Oregon case this simple principle
would authorize Congress to inquire which OF
the contestants was declared by the State can
vassers to be elected under the law. The Gov
ernor's certificate Is only prinad fdcie proof,
and Congress may go behind 1t, because in
this narrow sphere its judicial power is COM
plete." That is to say, it has the right not
only to inquire what the Governor certifies,
but whether what he certifies Is the actual con-
cluson of the State tribunal, beyond which
Congress can not go. When that Is reached,
the judicial power OF Congress in the matter is
exhausted. For it 10 not judicial power ex-
pressly granted. 1t Is merely implied by the
necessity Of deciding between two returns
and 1t must not be carried farther than the ne
cessity requires, that is, to ascertaining the
action of the State Board. If q question
arises as to the authenticity of the body claim
ing to be the State Board, 1t must, of course
alse be settled. General Barlow suggests a
very simple way Of avoiding the disputes
about the legality OF the election OF electors.
The moment an elector receives his certificate
he is in office-or il not, the State Legislatures
should 80 epact-and he may be ousted by
legal process il he be improperly in Office. II,
therefore, the day upon which the electoral
vote is cast we're advanced from the first
Wednesday in December to the 25th day Of
February, or some such date, there would be
ample time for the adjustment Of tho official
title by the State courts.
This view OF the function of Congress in the
cal but reasonable Republican, and it ia in ac-
cord with the traditional Democratic doctrine
upon the subject. 1t should certainly not be
difficult for the two Houses OF Congress to
agree before the appointed day for counting
upon some such general principles. The
policy which has been foreshadowed by the
action OF the Democratic hot-heads in the
House under the lead Of the Speaker, who 10
merely bitter and INSCRIPTIONS partisan. is
wholly at variance with the Democratic theory
OF the Government as held and declared by
Charles Plnckney and other leaders formerly.
and by Senator Bayard and other Democratic
leaders to day. The House and the Senate
have sent oumittee5 to inquire into the
Southern elections. Now Congressional In
quiries into the facts OF Congressional elections
the States may sometimes be necessary, be-
cause the Constitution makes each House the
Judge OF the elections returns, and qualifica.
tons OF Its own members. But where does II
make Congress or either House the judge OF
the elections, returns, and qualifications OF
Presidential electors 1t may be alleged tha
| the Louisiana and other committees intend tc
| inquire only into the Congressional election
but that, as there was but one election, the
facts in regard to the choice OF electors vii
necessarily appear But by what authority
does this House investigate elections for mem
! bers OF the next? This is but feeble subter
fuge that has been family urged by some ignor
ant Democrats.
4 ne rear purpose or tuls house investigator
OF tho election in certain States is to ascertain
whether it can md plausible reasons for re
fusing to recognize State action upon subjec
which the Constitution expressly confides tC
the States. There could not be a more tota
subversion OF State rights nor a moro absolut,
Capitalization. The action OF the Democratic
House would have rejoced the heart of Alex
aDder Hamilton as a vindication of his theor,
Of the imperative necessity OF "strong Gov
ernment." The Democratic House, in tn,
desperate effort to seize the Presidency fo
four years, is abandoning the great and fuDda
mental principle OF the Democratic party
Where is the essential difference between
Hamilton's proposition that the Nationa
Government should appoint the State Govern
ments, and the present Democratic claim o.
Congressional power to revise State elections
II is unquestionebe that an apparent Republl
can Willingness to allow national interference,
ia the States Is one OF tho chief reasons OF tn,
decline Of the Republican vote. Yet the mo