Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1876-12-21
Tg-ss1AY. DECEMBER q. lis76.
Are State Rights to be 0verthrown by
the Democratic Party?

la one respect N our system OF govern
meur the autonomy OF the states T. fully
recognized. aDd that is in the election OF
President BY the terms OF the constitu-
ton. The people do not elect President.
They Do not necessarily elect the electors.
The constitution says that each State shall
appoint electors nor that the po0ple Of
each stale shall appoint-but that the
Se,s shah appoint-not that the state
shall eieci-but that the State shall appoint.
Further, each Stale shall appoint 10 it,
own way. without regard 10 the way adop-
tei by any otter State. \ State may APP
point through its Governor or Legislature,
OF through an election. or in any other
way These electors when appointed cast
he vote Of that State. aud it is nobody 5
business how they are appointed, If ii is
satisfactory to that State. The State OF
Maine appoints seven electors in her own
way, and commissions them in her own
Nay and New York has no business with
Il.
Ii By the laws OF 4 particular State the
electors are to be appointed through an
election, who is 10 determine aud decide
upon the election: Who but the proper Of
lters of the State: No other State has
the least voice in the matter. The United
States government has no voice in it. 1t
j, purely State matter, 10 be decided by
the government OF that State. acting under
the laws OF that State.
In every State there is a Returning or
Canva>sing Board. which counts the votes
and decides upon the election. la Maine
it j. the Governor aud Council. This II
the highest tribunal ia the State for the
purpose Of deciding upon the votes for
electors. In the three Southern States. OF
Louisiana. Florida. and SOsth Carolina. il
j. admitted that the Returning Boards
throw out the vote OF precincts where vio-
lruce aud intimidation prevented fair
election, Il may be a very foolish law.
WhicA il Is not but il Is the law Of those
states. The only question can be whether
There was violence in any precinct. IL
may be there was testimony both ways
vino Is to decide: who. but the Board OF
CAuvls>ers: If they decide either way.
how is their decision to be reviewed: By
the law of their particular State, they are
made the tribunal. and their decision must
De accepted. II they decide wrong. they
are iB good company with masy other
courts il all the States that have made
wong decisions. II the matter was with
3D. their Jurisdiction, (and that seems TO be
ADMITTEDLY their decision settles the matter.
somebody must decide. and the laws Of that
-tatr make them the judges.
Now how can these decisions of the Can
sassirg Boards q the different States-ii
according to ia. laws of the State be
controlled or upset by any other State. or
by all the other States combined; what be-
comss Of the constitution and the pet Dem
0cratic doctrine Of States rights, if the Fed
erai government can override the States in
this way? All the Federal government
can DO is TO receive, ard give effect TO the
vote OF those electors 80 decided TO be APP
pointed by the proper court of the State.
We may not like the court nor its decision.
but We, in another State. have no right to
interfere.
Bg; this Is not the Oregon case. In that
State the Eanyassing Board found and de-
cided that Cartwright. Odell, and Watts
had received majority of the votes, and
80 Of course we're appointed by that State
a electors. The Governor, utterly with
out authority under the laws of his State.
issued the certificate TO Cronin instead OF
Watts. Now if the Governor By the laws
OF Oregon, was the tribunal to decide up
On the election, his decision. however out
rageous il might be, would be iiial so far
as the other States are concerned We
might howl ourselves hoarse. but We
should have to Leave him to the tender
mercles of the people Of his own State. II
however, he was not the tribunal, his act
is void. and will not effect the vote of the
state.
The College declared elected by the
Canyassing Board. the proper authority
TO determine who is elected, has cast its
vote for Hayes. The meu whom the Board
have found not TO be elected also send on
votes to the President Of the Senate. The
Federal authority must ascertain which
set was declared elected by the constitu
tional and legal tribunals OF the State and
then count the vote. II by the laws Of
Oregon. the Governor had no jurisdiction
his performance can have no more effect
than that of any citizen.
We see no occasion for much bowling
We may not like this way of eleeting a
President, and may chafe terribly over the
power of any one State to decide for her
self the mstfer of electors, and may get
very mad over any decision her tribunals
may make, but it is the legal and constitu.
tionai way that our fathers established and
agreed to. and which we, by living here,
have agreed TO. If anybody don't like it.
he should have the Constitution amended.
We must kick up mnss however. and
talk blood aud thunder. That don't amount
to anything except a confession of defeat
we are cobhueHl ho"eFef' bhaL Tue US
timony taken in the South will entirely
Justify the Returning Boards ia those three
states, and will convince the people OF the
couatry, that under the law and the cyl
denee the decision was right, and that no
other could have been made by any court
under t.e same evidence, and the same
law. J.t4