The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-12-14

BongefB VINO DflOg them up nave TINS
kind of power,
The votes being opened, shall then
be counted. The Constitution does not
say in express words by whom the
count shall he made But the rule Of
construction which gives the authority
TO the houses and withholds it rom the
president Of the Senate 10 very plain.
Judicial power is never inferred from
the bestowal Of n ministerial duty.
When written law requires evidence
to be produced, the weight and value Of
il is always TO be decided not by the
officer or person who brings it, but by
tho one to whom il is brought, and be
for, whom it is laid Else why bring
it ut all2 A habcas corpus law com
mands that the sheriff shall bring the
body Of the prisoner before the court
~ II judge, together with the cause oi
his detention and requires that the
prisoner shall then be bailcd, rcmanded
or discharged, ~ justice may require,
by whom? Certainly by the court and
certainly not by the sheriff An eXecu-
tor shall lay his accounts before a
court Of equity and they shall then be
confirmed, corrected or modified The
statute does not say by whom the decree
shall be made, but it is absurd 10 sup
pose that il can be mado hy anybody
except the chancellor Dispositions
taken in foreign country, under u
commission or letters regatory, are by
| 90 to L.. indian U,ul 4, a. ID,
clerk of the court, who shall open them
' IL presence Of the court when the cause
Is called Does that give the clerk
power TO pass judgment upon them 7
These supposed cases are given for the
mere purpose Of illustration, aud they
show by ellen, analogy that the votes OF
the States for President md Vice Pres.
idcnt are TO he counted hy the houses
counted in their presence, in their
sight aud hearing under their supcpi-
sion and control and truly counted SC
lordng to their judgment and con
science.
The right power and duty Of the
houses IS 10 count the true votes Of the
States only which, OF course, covers
and includes the duty OF rejecting false
votes from their count, il II be known
that spurious votes have been placed
among them by accident or design
For certain reasons, which viii be
given presently, il is plain TO IA that in
case OF disagreement between the two
houses concerning their duty to count
or reject u vote, the Judgment Of the
! Senate must prevail ~ regard to the
ice presidency and thnt OF the House
ON t.o presidency Before coming to
that, however, we are to consider upon
what grounds either house, or both
together, can act in rejecting vote.
1t il claimed that the certificate Of
the State officers, II Il be in due form,
imparts absolute vcrty--must be taken
as lnlnlllbly true, and can not ha quna
toned or disputed This is true doubt
less. Congress is not a national return
ing board and can not sit to hear
appeals from the returning boards Of
the States--con not rcludgo the Justice
done by the State authorities, or correct
their errors, 'fre decision II il be
decision of the State authorities ~ as
conclusive and binding ON all the world,
including Congress us the .judgmcn. of
Il court OF last resort upon a subject
within its exclusive jurisdiction.
Congress is bound, therefore, 10 count
the Louisiana vote unless GONE Fact be-
shown against the certificate, which
proves 1t TO be not merely erroneous.
Int void II the vote comes up from |
body of men pretending to be electors
but who in truth have never been |
appointed as such according to the, l..ys /
OF the Sta e, their act must ccIySinly he |
treated as Il nudity Mtn can not
constitute them|lSiis electors nor be
constituted b9y,'6nybody else except the
roper .sa4Pointing power Suppose the
'omtH OF appointment to be in the
legislature. Tho Legislature in the
prescribed manner and at the proper
lme, makes It's appointment by clear
majority of its votes, which are duly
'ccorded and certified 10y It's officers.
fet the governor, not only without the
consent OF the Legislature, but in def.
'nce OF its expressed will to the conn.
ny, ilXes up " different set of men as an
Electoral college, and gets them to east
heir vote AZ tho vote Of The State Ia
Hhere an honest man in the country who
would be willing to promote the object
d such proceeding by counting the
vote Of such pretended electors? The
'ase under consideration IL precisely
70 this Hero the power to
.ppolnt is IN the people who have
Exercised IT, their votes are counted and
ecorded decisiyely showing their desig.
lation OF certain persons as their ap
'ointees. But the governor dishonesty
axes upon himself and seven associates
he duty OF voting for president in the
Iame OF the State. Ii this ho not a mere !
ogus college Of electors what would il {
'e II these men can cast the vote of q
he State what is to hinder any other I
light men from doing the same thing?
Inc right OF Congress to throw ont '
he vote OF persons not duly appointed |
as never been denied in the eases of I
not fully admitted rs States, c
4 OF States supposed to he out of the !
mon MS consequence of their rebel !
ION, If You reject the votes of electors 7
ecAuso the state could not appoint n I
orllori you must reject the votes OFT
lectors whom the State could appoint !
nat did not And the priciple applies c
mute Jortlori to the case of persons to u
hon the appointing power expressly i
eiused the trust and bestowed it on
Tiers Indeed no absufdity could be o
lore palpable, and none could lead to Il
orse consequences thana decision that y
ne voice OF state must be taken IA il |
thrown by any set of persons who q
aim to do it without regard to the au. Il
lority which they hold or the source u
ON whence they derive it. If that II
'in2lple prevails, what is to be the pre-. "
cament OF things when two or three y
n dozen sets of electors all claim the II
sht to vote, and all send up their Ger y
icat in apparently proper form, and p
are LAID be ore Congress y the presi :
mt of the Senator .
1t will certainly MT H., ,lor,oJ A.. ID