The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1876-12-23
A sraone aReunEnr.

written 10 Messrs Conkiing and
Herman, senator's from that State. an
exceedingly able and exhaustive letter
upon the Louisiana frauds. liz
commenting upon the powers of the
Returning Board. Mr.. Curtis says
III the Legislature OF a State has
reason to believe that the voters viii
intimidate, obstruct and prevent each
other in the exercise OF their elective
franchise, it must take measures to
prevent such wrong 1t can not
| authorize body of capyssscss TO ialsify
| the results of the election, TO make
fictitious majorities, and to substitute
assumed results that do not express
the popular will as it was expressed in
the ballot boxes; for this would destroy
the entire relation between the
constitutional means of making the
appointment and the appointment
itself, by final devolution o: the
| appointment upon the canvassibg or
returning officers. To reject the votes
of thousands of voters because other
voters have been prevented from
voting, confounds the innocent with
| the guilty, and 10 destroy every ele
ment OF certainty in ascertaining the
| popular choice. Whether the Legisla-
| ttire of State can adopt such mode
Of appointing State officers, depends
upon the constitution of the State and
the extent of the Legislative power, al
Though it will be wholly inconsistent
with republican government. But the
power TO appoint electors of President
of the United States is derived from the
Federal Constitution; which has au-
thorized the Legislature of State to do
nothing more than to determine the
manner of making the appointment. 1t
has not authorized the Legislature to
devolve the appointment on the people,
and then to substitute for their will the
Judgment of returning officers that their
will has not been duly expressed in the
election, and that its results must he re
; vcrsed. To do this under the forms oil
! Law, is to enact that fraud is public vir.
tue, and TO give 10 falsehood the austere
! sanction of public authority. The more
| reflect upon this subject, the more
am convinced that this monstrous as
sumption of power by the Legislature ot
! Louisiana must receive decisive check
. or the evil that has begun there viii
; spread through the Union, until il
every State the choice of President
will be devolved upon an oligarchy O
) otiieeholders, clothed with power t.
) perpetuste themselves. Let the dohi
nant party in any Site retain the con
troll of its legislative powers lon.
, enough to pass similar laws, aud it vii
remain indefinitely in their power Il
cause the electoral votes Of their Stat,
; to he east in any way they may choos.
TO have them. The virtue of parties
will not be superior to the temptation
! No man can ever thereafter beoom,
President without the assent of th.
most corrupt and unprincipled leaders
OF the dominant faction. The peopl,
: will be utterly powerless to prevent the
perpetual reign of a successful State oil
garchy under the forms OF law. and nc
relief will remain but revolution 1t j,
now possible TO stay the progress o
this mischief by treating the Loaisians
electoral certificate as void That thi.
may be done in entire consistency with
, all the conelusiveness and all the pre-
sumptions that can rightfully attach tc
: the electoral certificates, and that il
ought to be done, firmly believe. But
if, on the other hand, this appointment,
of electors in Louisiana through the
operation of a State law that is not
within the grant Of power conferred or
its Legislature by the national constitu
ton is allowed 10 become precedent a.
a valid appointments. the downfall o
the Republic is not far off
I