Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-27
From the Providence Journal.
Who il TO Decide?


From the Providence Journal.
Who IL TO Decide?
When the proposition was fret made In
the House Of Representatives to appoint
joint committee Of both houses to devise
method for securing the lawful counting Of
the electoral votes, and the settlement Of all
questions connected Herewith. strong
hopes were entertained as to the success
of the measure. The proposition was
adopted in the Senate only on Monday,
and the members Of the committee in Ell
thsr house have not yet been named. 1t is
evident, however, In advance, that the
prospect of an agreement of such com
mittee on any satisfactory plan is less en-
couraging than 1t was when the PROPOSE
ton was fret made. The two parties 10
Congress have not drawn any nearer to
each other since the session began. There
Is also still q wide difference of opinion
among the people Of the country as to the
real result of the election. There are diff
culties on either hand. 1t is undoubtedly
the meaning of the Constitution that the
whole choice Of the Electoral College shall
be In the hands Of the States. and that
whatever comes from the legal authorities
Of any State as the Electoral vote of that
State. shall be received and counted as
such. This, Is the matter now stands,
would make the duty OF the President of
the Senate plain enough respecting all the
States hut Oregon. In Oregon, however,
We have an Electoral vote returned ac-
cordlng to the forms Of law. but really In
violation Of all law. The Governor has
betrayed his trust, has set aside the choice
Of the people and has certified the votes OF
three Electors, not one of whom was
elected by the people of the State.
The only real difficulty in the matter is
what to do with this illegal and fraudulent
Electoral vote Of Oregon. which i, for
warded to the President Of the Senate un-
der the appare nt authority of the State.
The pretended principle on which these
Electors received their appointment in the
place Of those actually chosen by the peo-
pie. IL precisely the opposite OF that which
controlled the formation Of the Electoral
College in New Jersey and in Missouri.
and. indeed, 10 Rhode Island and Yer
mont, 10 each of which an ineligible per
son was chosen by the people. and his
place was filled by the other Electors. In
Oregon alone the place of the ineligible
person was filled by the act of the Governor
who gave a certificate of election to one
Of the minority candidates. The two who
were confessedly chosen by the people
met and filled the vacancy as was done in
New Jersey and Missouri. and in all law
and equity their vote Is unquestionably the
Electoral vote Of the State of Oregon.
Bot the Governor of that State has proved
false TO bis trust, and has given his certif-
cate 10 the bogus electors. In so doing he
has unquestionably perpetrated fraud
but his act imparts an apparent regularity
TO their votes when delivered to the Presi.
nent Of the Senate. In all other cases this
apparent regularity Is accepted as prima
facie and sufficient proof Of entire and
substantial legality. How shall it be in
this casea Can the President of the Sem
ate 20 behind the returns authorized by
the official authorities of Oregon and re.
sct the votes of these bogus electors In
other words, does the Constitution give
the authority to set aside the authorized
returns 10 any case. because he knows they
are unlawfully and fraudulently made, and
b bound to accept them whatever may be
their real charactera Does the Cons,itu-
ton require that he shall disregard the de
clared and acknowledged will of the PEG
pie Of q State 10 order to conform to a
certain rule Of proceeding, or is he to
have supreme regard to higher law
growing out Of the very nature of an cleo
ton and reject what he knows to be fraud
ulent and at variance with the certified
choice OF the people OF the State
The question, in either one of its forms.
10 attended with serious endorsements,
and we confess we do not see how Con-
gress will be able to remove them. 1t ID
not question for political body to de-
eide, and yet. most unfortunately. 1t can
be referred to no other body. As the law
now stands, It can not well be carried to
the Supreme Court. and there is no public
authority in the country, excepting the
President Of the Senate, that can decide it
II comes TO this at last, and TO nothing
else. On the President of the Senate
alone the responsibility rests. Congress
may advise, but 1t cannot dictate what be
Is to do. Whatever electoral votes he
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