The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-21

selves electors, nor be constituted by
anybody else exxcept. the proper appoint
ing power.
The question at present is, whether a
vote known to be false and fraudulent
shall be received as true one. What
weight or value shall be given as evil
dence to papers concocted with a prede-
termined intent to cheatP If the evil
dence, which is laid before Congress,
tnat Louisiana voted for Hayes shall be
shown to have its conception, its birth,
and its nurture in mere iniquity, what
honest man can safely give it,entertain-
mentP A fraudulent paper proves moth
ing; 1t is II mere nullitY, as corrupt IN
morals and as void in law as any forgery
can possibly be. f. ......
The conclusiveness Of the certificate
made in legal form by the proper State
authorities is admitted. But that always
presupposes the honesty of the act. A
Judgment of the Supreme Court is con-
elusive, too; but any justice of the peace
who knows it to have been corruptly OBJ
tanned may properly cast it aside, The
most solemn act Of the ExeCutive--a par
don, a patent or Commission-losesa all
validity if tainted with fraud. Under
proof Of any dishonest practice any pri-
vate deed and every public record be-
comes as worthless es blank, no matter
with what solemnity ii may have been
executed or how carefully attested. All
writings are obliterated, and great seals
of State crumble into dust the moment
they are brought into contact with COW
enous fact. This applies to election re-
turns as we'll as everything else.
THE PRINCIPLE THAT STOPS THE vILLAINY
The principle which fences us 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 a President of our own
choice 1t has been applied to election
certificates in cases precisely analogous
to this. Once upon a time the majority
in the House of Representatives depend
ed upon the election of members in New
Jersey. The Democrats were chosen,
but the Wing Governor Of the State,
tempted by the opportunity which he
thought he had of making a bold stroke
for his party, 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 evidence of their right
to sit as members until they were unseat.
ed upon regular petition and contest
But it was fraudulent and therefore void
altogether. 1t was not allowed to prevail
for moment. In Pennsylvania SINH
lar trick was tried in favor of candidates
for the Legislature known to be defeated
by means of certificate from the return
ing officers, pronounced by the Cover
nor, the Secretary of the Commonwealth
and all high authorities to be conclusive.
But being known to be sham and a
falsehood, the right claimed underit was
resisted to the uttermost. Nobody now
believes that it was not right and legally
treated. ...
But it may be denied thatthe action of
the Governor and the Returning Board
is fraudulent. This is a matter of fact
not yet in shape for full discussion. If
the Hayes electors, the Governor, the
Returning Board and other parties to
this transaction can prove that they ad.
ded up the vote and certified the aggre-
gate result according to the truth as it
really was, or as they had reason to be.
lieve it, then the Democrats have no
case. Bus if they knew what the result
was, and yet wilfully falsifed it, then 1t
is fraud per Sc. They not only did this,
hut they greatly aggravated the guilt of
the act by founding it on pretenses we'll
known to be false in fact and Insufficient
in law.
POWERS OF RETURNING BOARDS.
1t is said that the Returning Board is
not bound to make mere count of the
votes, and ascertain what candidates
have a majority, but may sit in judgment
on the returns from every parish, and
certify the majority, not as it actually is,
but as, in their opinion, it ought to be-
To support this they quote section 3 of
the Louisiana election law which no one
can read without seeing that it was pass
ed by a corrupt Legislature to prevent
the people of the State from turning out
the party then occupying the State off
Ces.
A Returning Board certainly ought to
have Judicial or quasi judicial powers to
a certain extent, to correct the blunders
Of a Superintendent, to inquire whether
a return from any polling place is prop.
erly authenticated, to ascertain what
votes have been cast for any candidate
by persons not qualified, and make the
proper deduction. This is authority that
may be certainly given to State canvass
ers. But it is not given to the Louisiana
Board by the section referred to. They
assert that it does give them power to
disflanchise all the inhabitants of any
parish in which there has been ian act
Of violence, riot, tumult, intimidation,
armed disturbance, bribery or corrupt in
huence." Their jurisdiction, as they
claim it, is that of the highest criminal
court, and is to be exercised in ways to-
tally prohibited to all courts. They may
try the people of a whole parish at once,
and condemn them all on ex parte state
ments, without hearing or notice, for
acts of violence committed by a person
unknown to them at any place within
their borders and at any time in the in
definite past. A conviction obtained in
this way is Immediately followed by a
sentence of disfranchisement, which /
need not say is the most frightful penalty
which can be inflicted on people strug
Cling to free themselves from the domin-
alton of reckless knaves. This terrible
Jurisdiction to doom and punish may ap.
pea, to be mitigated by the pardoning
power, for the Board is authorized to
condone the offense when they think it
has not materially changed the result of
the election" But no clemency is ever
extended to their political opponents
The result of the election" is always
materially affected" by an act of violence
Or fraud, no matter when, where or by
whomS committed in Democratic dist.
rict, but the reverse is sure to be held
where the majority is not Democratic
A FRAUD ON THE WHOLE AMERICAN PEOPLE.
Will any man in the world say that a |
fraud like this may be held and welded
by Returning Board consistently with |