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


number of the Washington Union, a long
review of the causes of the existing po.
litical crisis, and points out safe and
constitutional remedy. We make the
annexed extracts:
GOV. TILDEN CERTAINLY ELECTED.
BY the Federal Constitution and the
laws of Louisiana, the people of that State
in their primary capacity land they only
have a right to appoint electors of Presi-
dent and Vice President. This power
has been executed at the time, at the
places, and in the way prescribed by law.
In accordance with the universal rule of
all elective governments, the intent and
will of the whole people as body is spo-
ken by majority of the ballots. They
did appoint the Tilden candidates. Their
decision to that effect was spoken by a
large majority in the prescribed way, and
with loud emphasis.
Nevertheless certain State officers Of
notoriously bad character have conspired
among themselves, and with other evil
disposed persons, to hinder and prevent
the appointees of the people from per-
forming the duties assigned to them by
their constituents-to organize an electo-
raj college composed of other persons
having no authority except what they
derive from the fraudulent favor of the
conspirators themselves. All this is done
to the intent and with the design that a
false vote concocted by bogus body
may be sent up, cast and counted as if it
were what is known not to be) the true
vote of the State, certified by the true
electors. If be so received and treated
by the other States and their representa-
tiyes. then rule is established which
takes the power of choosing our Chief
Magistrate out of the hands in which the
Constitution is supposed to have placed
it, and gives it without reservation to
any combination of swindlers who may,
by fraud or force or accident, get the ma
chinery of State government into their
possession. If this be submitted to with
out opposition, and as a wrong for which
there is no legal remedy, it is not proba-
BILE we will ever have an honest election
again.
IS THERE A REMEDY?
The question then arises whether there
is Oh is not some legal authority by which |
this frightful wrong can be remedied. If
the Constitution has not given to some
body the right to arrest fraud before it |
defeats their known and legally express
ed will on such subject, then they have
retained it in their own hands, and they |
must compel obedience by their own |
physical force, or else surrender their
right of selfgovernment altogether. A
construction of the law which logically
leads to such a conclusion cannot be
true one. In England a disputed title to
the crown can only be decided by civil
war. But surely our wise forefathers did
not intend to put themselves or us, their
posterity, in that forlorn condition. They
certainly meant that a spurious claim to
the Presidency should be set aside in
some peaCeable way by ajudgment whose
authority all must respect, and without
which resort to the ultima ratio regan.
.- PLEA OF THE CoNsPIRAToRs.
Those who desire to make this particu-
lar fraud successful, and to establish a
precedent which will make fraud omnip.
otent hereafter, take the bold ground
that any paper purporting to be Certif-
cate of the electoral vote, if sent up to the
President ofthe Senate, and by him open
ed lin the presence of both houses, must
be taken as infallibly true--subject to no
scrutiny and open to no contradiction
This is in SQUARE conflict with the uniform
practice of the Houses; it is inconsistent
with the rules which they have deliber-
atelv adopted for the exercise of their
poWer and the performance oftheir duty
on such occasions; it is opposed to the
opinions ofgreat leading men in the past
as we'll as in the present generation; it
has no warrant in the words of the Con
stitution; it is utterly at variance with the
reason Of the thing, and it grossly Vio-
lates the right of the people to be pro-
tected by their representatives against
imposture and villainy.
POWER OF THE PRESIDENT OF THE SENATE
The duty assigned to the President of
the Senate is very simple. The certif-
Gates being sent to him, he keeps them
as he gets them, in faithful custody and
close under seal until the day of open
ing, and then he must open them in the
presence of both houses. When that is
done his special function is finished. Be-
cause he keeps the packages containing
the certificates, and is authorized to open
them on fixed day, is he, therefore, to
pass upon their validity, and force the
houses to receive and count them con-
trary to their convictions of justice and
truth? 1t might as we'll be said that the
messengers who bring them have this
power. ~
: The votes being opened, shall then be
counted. The Constitution does not say
in express words by whom the count is
to be made. But the rule of construc-
ton which give authority to the Houses
and withholds it from the President of
the Senate is very plain. Judicial power
is never inferred from the bestowal of
ministerial duty. When q written law
requires evidence to be produced, the
weight and value Of it is always to be de-
cided, not by the officer or person who
brings it, but by the one to whom it is
brought, and before whom it is laid. Else
why bring it at all? ,-r ...,
Z ~r POWER OF CONGRESS.
*** The right, power, and duty of
the houses is to count the true votes of
the States only, which, of course, covers
and includes the duty of rejecting false
votes from their count, if it be known
that spurious votes have been placed
among them by accident or design,
1t is claimed that the certif-
cate Of the State officers, if it be in due
form, imparts absolute verity-must be
taken as infallibly true, and cannot be
questioned or disputed. This is doubt
less true. Congress is not national re-
turning board, and cannot sit to hear ap-
peals from the Returning Boards of the
States-cannot rejudge the justice done
by the State authorities, or correct their [
errors. Tie decision, fit be decision,
of the State authorities, is as conclusive
aUd hindin0 on oil tho world innludino | Z