The daily gazette., 1876-11-28
LAW OR NO LAW?
the N. Y. journal of Commerce

LAW UH NU IAWf
From the N. Y. Journal of Commerce
This question is the most important
which can be brought before the Ameri-
can people. It Is time that the true issue
should be thoroughly understood, and
for this purpose we again recuifo the ring
ing words uttered by President Grant on
the 10th of November "Either party can
afford to be disappointed in the result.
The country cannot afford to have the
result tainted by the suspicion Of alegdl
or false returns. e
The president meant what he said in
speaking Of illegal returns, and that he
uttered q truth that commends itself TO
the Judgement of ofallthoGghtfulmen. The
present state Of affairs demands a recur-
renee to this warning, for there is grave
danger that the silence or retlnce of hoI
est men will petmit the dishonest to lead
them into such ilIegality sswill be ruin
Gus to vital interest, In Vermont and
South Carolina the Republican partisans
laye taken issue with President Grant, and
insist that the country can and must afford
to have the result tainted by Illegal re-
turns. ...t. -.ff ~, -rnt 'f
The great duty OF the hour urged by
right-minded men of all parties, and
which cannot be too much insisted on
everywhere, is the duty of obedience to
law. The slightest departure from law is
the first step toward chaos. 1t has been
thus rar the boast of both Republicans
and Democrats that the leaders of their
respective parties and Returning Boards
in the doubtful States would uphold the
law, decide the doubtful questions in
strict legal manner, and in short, deter
mine electoral votes by unquestiOnable
law. Such is still the determination of
all upright men in both the great parties.
The scene has suddenly changed with
in few days, and some Of the wilder and
more unrestrained menin the Republican
party have plunged into open defiance of
law, and are seeking to drag the party in
to position to be charged with revolu-
tionary acts. 1t is not too late to stop
them, if the thinking men Of the party
will make themselves at once heard.
The Constitution declares that no post
master shall be appointed an elector. The
object of the Constitution is to prevent of.
| fice-holders using their influence of the
existing administration in an election.
The law of Congress provides that the
electors shall be appointed on the Tues
day next following the first Monday OF
November. On that day several post
masters were appointed electors. The ap-
pointment was ofcourse void. No lawyer
or citizens doubts it, Instead, however
! of proceeding in due form of law to ap-
| point an elector, the party managers defy
the Constitution, propose to 60 on with
and confirm the defiance by issuing certifi
Gates of appointment in the very teeth OF
the Constitution prohibition which says
the men shall not be appointed, and thu:
And to this disobedience of law the polit
ical managers invite the assent and ap
provai of the Republican party. 1t il
quite idle to argue with political mana
gers; but it cannot be doubted that tht
intelligent citizens, loving the Constitu
ton and the law, is not to be,deceived by
any sophistry in case like this, where
the Constitution plainly torbids an act to
be done. Such man is not easily led
into revolution. The Constitution doe.
not say that postmaster is incompetent
but forbds State to appoint postmas-
ter. The act is void not for the incom.
potency of the man, but for the Consttu
tionalinability ofthe State to appoint. The
idea that the disability is only on the side
of the appointec, and may be cured by hi
declining to act, is absurd; but the propo
sal to treat the Constitution in this man
ner is revolutionary when carried out by
the dominont party in aState like Yer
mont.
But the danger that the Republican
party, if it follows its more reckless lead
ers, will be dragged into open defiance O
law, is still more apparent in reference t,
South Carolina. The courts Of the LAM
are the defenders of the law and TIL
refuge of all citizens whose lives, libert
, or property are endangered. Respect fo
the courts and their decisions is the safet
of republican institutions. The mandate
of, courts, until reversed in due legal forI
are the highesthnd most powerful enuncis
tions of the law Of the land. I1.