Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-12-08
From the Bangor Wing and Courier.
New Hamushire and south Carolina.

cratic party, the attitude and doctrines
which they maintained during certain rota-
bic events which transpirel in New lamp
shire only little more than year ago. We
will sketch the facts briefly:
An election had been held that resulted
in no choice for Governor. thus throwing the
election of that officer, as well as a United
States Senator, into the Legislature, which
was very close. The State Administration
being Democratic, the leaders of that party
at once determined to secure the Legisla-
ture by manipulating the returns. They
began with the Senate, which, according to
the returns, had seven Republicans md five
Democrats. In one of the Republican dis
tricts several thousand votes were east for
Matt Head and others for Nathaniel Head.
By counting them as for different persons
there would have been no choice. The con-
stitution gave the Governor and Council no
power to 20 behind the returns or to perform
other than the ministerial duty of ascertain
ing by the official returns who appeared
therein to be elected. To declare vacancy
would not answer the party purpose, a.
General Head was sure of reelection. 80
protest by minority members of the Coun-
ell, arbitrarily hirct0 ont all the votes re
fcrred to, and issued the certificate to the
Democratic candidate. In another district
the Democratic candidate was charged
with inelIsibility, although votes for him
had been repeatedly counted at previous
elections, and his votes were thrown out also
and certificate issued to the Democrat
This reversed the control Of the Senate at is
organization and placed two men who had
not been elected in seats. TO make up 4
Democratic majority to vote for the exclu-
sion of the contestants who Lad been actual
" chosen at the polls.
And here We wish to remind our read
ers that the whole Democratic pre-. 3 Of the
country yehemently sustained the Ezecu-
tive Canyassers in Assuming Judicial func-
tons directly contrary to law, and in thus
controlling the organization Of one branch
of the Legislature by throwing out votes
and placing men not elected in seats where
they could vote to exclude the riehtful
claimants. The contrast with the south
Carolina case could not be more clearly de-
fined. In the latter State. Board ex-
plicitly empowered by law 70 decide cases
under protest o. contest - power with
which the New Hampshire Board Was in no
way clothed-have issued certificates to all
members Of the Legislature appearing By
the returns to be elected, except in two
counties where the returns were vitiated bv
fraud; and in these cases, instead Of fol-
lowing the New Hampshire Democratic OK
ample by seating the candidates Of their
own party, the Board declined 70 issue Ger
tifcates to either side, and thus left the
Legislature untrammeed to decide on the
claims of the contestants.
But there was another stage in the New
HAMPSHIRE proceedings. The House of Rep
resentatives refused to recognize the Senate
as thus unlawiully organized, and with a
portion Of the Senate res0rted 10 the Con
stitutional privilege Of formally calling for
the opinion Of the Supreme Court Of the
State as TO the legality OF the certificates
issued for the two Senatorial Districts men
toned. The court was Democratic. and no
that particular Iuneture entertained Scru-
pies about interference with the Executive
which DO not seem to be shared now hy
their colleagues in South Carolina or iv
the party which applauded to the echo
when they declined even 10 "criticisc' the
acts Of SEQ ordinate branch Of the GOV
eminent As a reminder - our readers
OF the doctrine which wa- culogizcd by the
whole Democratic press only last year, We
quote some pointed extracts from the re-
markabe document sent to the Legislature
by the Supreme Court Of New Hampshire
1--WE have in rcTly % the resolutions
from the House Of Representatives de-
clined 70 express an opinion upon
rast and aec,mrTi-HaI a.r of -Ia ~
ecutive Department Of the Government,
performed in the discharge Of duty
expressly required bv the Constitution, on
the ground that such opinion, If given. could
have no greater weight or authority than
criticism Of one branch of the Government
upon another coordinate branch, and such
an act on the part Of the Justices Of this
Court would not be consistent with the
grave duties imposed upon them by the Con
There Is no principle mora fundamental.
more thoroughly interwovln vita the whole
abric Of our Republican Institutions AMI
form Of Government than that the
hree branches Of the Government. the Leg-
slatiye, the Executive and the Judicial, are
coordinate aud independent. N.Hier ran
interfere lrith fhc duties or fimctegs ,f t.c
thar ,rithoW stirling a jior az ne folnl1.
non upon which rests all the security d well
or private rights as the public welfare.
I'VE cannot hesitate to declare our opin-
on that when the Governor and Council
leted IN the premises tint solemn az " tl-
tIecHfre Department Of this Gar.rHmelt
'eocSsGrIiy Rr0fr-d c0HSlrus1oH Of No.
iGlfse gt he Constitution presenting thar
'UtisS. AND THAT sUCH ACTION CANNOT EE EE-
ARDED AS TIE SUBJECT OF REVIEW by ETHER
# TIE OTHER DEPARTMENTS OF TIE G0vER,.-
ENr, except in the mode distinctly provided
q the Constitution, namely, by the Senate.
rho, by Article IS, are made final Judges of
he election returns and qualifications Of
heir own membe.S
The Governor and Council must act in the
latter the same As the Legislature OF Court
cts in matters coming within range Of their
everal Constitutional duties upon their own
espOnsibility.
Upon the merits Of the above eyasions We
expressed our opinion at the time. and We
lite from the document now as a Democratic
nd not Republican authority In PER
eetly clear case Of tranSgression OF the law.
Ihen called upon by the Representatives
the people in the most imperative manner
royided under the Constitution, the New
hampshire Court were 20 conservative Of the
of the coordinate branches Of
ne Government that they declined to give
ny construction n a constitutional PROV
on, because the Executive had already con-
rued it to suit political exisencv. Thew
ere sustained by the Democratic PARTY
ii sheir doctrine declared to be Democratic
,ctrine
Now Look at South Carolina. where a
court, at the instisation of Dem
ratio lntrlguers, have boldly assumed 70
1t only interfere with an Executive Board
discharge of duty imposed by law, but
take their work out Of their hands, die
te the method and manner Of counting the
ties, compel the results of the canvass 10 be
omitted from stage to stage TO tie inspec-
IN of the court, to order certificates issued
a Democratic Legislature on the face of
e returns and regardless Of errors and
luds, to order canvass Of the Electoral
ties by another method intended to secure
e or more Electors for Tilden. and finally
order the fine and Incarceration Of the
ate Canvassers for having performed their
y aVSOIulnS 70 TIE laws creating anu
yerning their official action.
And the men and organs that apphuded
: New Hampshire judges are now strain
, their threats with boisterous eulogy of
cir new Moses in South Carolina The
nerican people are looking on
WHENEVER Democrats raise a clamor
'ut alleged frauds by Republicans, We
y be sure that Democrats have been steal
something, and are trying to get of with
IT booty. In this campaign they unlcT-
k to steal certain States. highNayman-
e, with club and rifle. To cover the
ration, they yelled "faud " For
nths they have been declaring that Re
'licans could get the electoral votes of
lisiana, South Carolina, and Florida only
fraud when in truth thpre yroa every