Richland beacon. [volume] (Rayville, La.) 1869-1890, 1876-12-16
RAYVIILE. la" SATURDAY. DECEMBER Is, 1876

lUe votes OF lDe SIatcS iOr l'reSl-
dent aud Vice President are to be
counted by both Houses, in their pres
ence, in their sight and hearing, under
their supervision and control, and
truly counted according 10 their judg-
ment and conscience The right,
power and duty of the Houses are to
count the true votes of the States
only. 1t is plain to US that in case of
disagreement between the TWO Houses
concerning their duty to count or re-
ject vote, the judgment Of the San
ate must prevail in regard to the Vice
( Presidency and that of the House on
the Presidency.
II is claimed that the certificate Of
the State officers, if it be in due form,
imparts absolute verify, must he taken
as infallibly true, and cannot be ques-
toned or disputed. This is true,
doubtless. Congress is rot q national
returning board. The decision, if it
be decision, Of the State authorities
is as conclusive and binding on all
the world, including Congress, as the
Judgment Of court of last resort
upon a subject within its exclusive
jurisdiction.
Congress is bound, therefore, to
count the Louisiana vote, unless some
fact be shown against the certificate
which proves it TO be not only merely
erroneous but void. If the vote
comes up from body of, me1 preten-
ding TO be electors, but q s....n truth,
have never been appoA, as such
according to the laws of the Slate,
their act must certainly be treated as
nullitv Men cannot constitute
themselves electors, nor be constitut.
ed by anybody else except the proper
appointing power. Here the power
to appoint is iu the people. who have
exercised it. Their votes are counted
and recorded, conclusively showing
their designation OF certain persons
as their aprointees, but the Governor
dishonesty takes upon himself and
seven associates the duty of voting
for President in the name of the State.
If this be not mere bogus College of
Electors, what would be?
The right Of Congress to throw out
the votes Of persons not duly appoin-
ted has never been denied in cases of
Territories not fully admitted as
States, or of States supposed to be
out of the Union as O consequence of
the rebellion. If you reject the votes
OF electors because the State could
not appoint a .torttori, you must re-
ject the votes Of persons to whom the
appointing power expressly refused
the trust and bestowed it on others.
1t will not be denied that Congress
may inquire into the genuineness of
any certificate produced by the Presi-
dent of the Senate. If it be mere
forgery, let US see what follows in the
case under consideration. Forgery is
the fraudulent making or alteration of
a writing to the prejudice of another's
right. If the Returning Board and
Governor of Louisiana willfuIly, frsa-
dulently, ard falsely make a certif-
cate that certain persons therein
named had a majority of the popular
votes, knowing the fact to be other |
wise, they bring themselves literally
within this definition
l admit the better opinion to be
that au indictment for forgery cannot
be sustained without proof of an actual !
false making of the paper in whole |
or in part. But this latter rule applies /
TO private papers, and would hardly
save the Louisiana conspirators if
indicted for forgery in the fabrication
OF false election papers. 1t has never /
been ield that an Official certificate /
intended for fraudulent purpose, and /
known TO be false, is not a forgery.
Suppose the returns to be honestly /
made to the central authority Of the /
State, where the Governor, Secretary,
or special board of canvassing officers
are required TO aggregate the returns.
Can they make a certificate willfully ,
falsifying the whole result Of tie elec-
tion without being guilty of forgery .
If the evidence laid before Congress,
that Louisiana voted for Hayes, shall /
be shown to have its conception, its .
birth, aud its nurture in mere i1iquitv, /
what honest man can safely give it en-.
;eriainment? a fraudulent paper prov
es nothing; it is mere nulliiy. Under
proof of any dishonest practice, any
private deed and every public record
becomes as worthless as a blank. /
This applies to election returns as We'll ,
as everything else. The principle /
who fences up against knavery in /
matters Of minor importance, will not
fail US when an attempt is made TO
cheat Us by wholesale out of the right
to be governed by President of our
own choice. 1t has been applied to
election certificates precisely anala-
gous TO this. OEce upon time, the
majority in the House Of Representa-
tiyes depended upon the election of
members in New Jersey. The Dem
ocrats were chosen, but the Whig
Governor dishonesty certified the !
election of the minority candidates
and commissioned them under the |
broad seal. The commission if it had |
any force at all, was conclusive evil
dence of their right to sit as members !
until unseateJ upon a regular Pc
tition and contest. But it was fraud |
ulent, and therefore void altogether.
1t was not allowed to prevail for a
moment. In Pennsylvania a similar