The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1876-01-29
" THE SITUATION"

election and qualification OF the person re-
turned" as Attorney General, people of
average intelligence who are not lawyers,
and not therefore supposed to be familiar
with "legal" methods of technical con-
struction, but who interpret language in
its ordinary and every day meaning, did
not understand the grounds, on which such
decision was based. Nor do they now. AS
the Court of Appeals has not yet made its
opinion public, the respect, which all are
disposed to accord the highest judicial au-
thority of the State has, to considerable
extent, restrained unfavorable comment
Such, however, is not the disposition of
the average mind towards the partisan in
terpreters of the Constitution in the House
Of Delegates. A large proportion of the
people of the State, have not accepted, as
conclusive, the official assumptions of its
Speaker, to which the implied endorsement
of the majority seems to give the authority
of Legislative sanction. IT'S true, that
they are practically without remedy in the
premises. That nothing short of impeach-
BILE honors. Still the peculiar qualification
of "the situation is not enhanced, by the
reflection, that the act was consummated
by one man, and he the official creation of
an INSCRIPTIONS political combination. We
propose to show in few words, that the
refusal to allow contest by Mr.. Harris,
behind whom stood $4,000 legal voters,
claiming through the undeniable right of
petition, the correction of abuses, for which
the organic law of the State had provided
ample remedy, was not the result Of ignor-
ance of plain Constitutional provisions, but
of absolute and wilful abuse of power.
When the memorial of Mr.. Harris was
offered in the House, and which was his
formal notification of the intention to con-
test the election of Mr.. Carroll, upon
grounds too we'll known to repeat here,
upon motion of Mr.. Donaldson, it was
finally ordered to lie upon the Speakers
table, until the opening of the election
returns in the presence of both Houses.
On the same day, after the Senate had en-
tered the Hall and the reading of the re-
turns had begun, Mr.. Kinks offered a pro-
test against certain alleged fraudulent re-
turns. On separate motions to adjourn the
Joint convention (popularly So called, and
proceed to the consideration of the pro-
test, which was intended to, and should
have precipitated the contest, both mo-
tons were declared out of order by the
fha Sc 81
tinued, and by him, Mr.. Carroll declared
duly elected Governor. When the House
met on the Monday following, a message
was received from the Senate, asking the
appointment of a committee to notify Mr..
Carroll of his election, and requesting him
to be present, and qualify on the Wednes-
day following. A concurriag message be-
ing proposed by Mr.. Hoblitzell, of Balti-
more. substitute offered by Mr.. Donald
son, reciting the fact that, the House had
not yet decided the election, which in per-
suance Of the Constitutional authority with
which it was invested, it was required to
do, in cases of doubt or contest, was over
ruled, and the committee appointed as re-
quested by the Senate. From this brief
review of the proceedings in the case, the
fact is apparent, that by virtue of the sim
pie declaration of the Speaker, upon the
evidence afforded by the returns, questions
as to the legality and regularity of which
had been toice distinctly raised before the
House, Mr.. Carroll was returned Governor.
The recognition of the authority of the
Speaker, other than as the presiding officer
of the House is an absurdity. Limited to
the simple act of opening the returns, and
the announcement of the result as it ap-
peared upon their face, the question of
acceptance of the evidence of election con-
tanned therein, as final or not, is the un-
doubted prerogatve of the House alone
Yet the House, by the act of its Speaker
was debarred the exercise of this right.
That the House of Delegates, and it
alone, is invested with the Constitutional
authority and power, to declare as elect,
" the person having the highest number of
votes, and being constitutionally eligible
is proposition too plain for serious argu-
ment. For the intelligent exercise of the
sole prerogative thus conferred upon it, in
ascertaining and determining ,oAo has re-
ceived the highest number of legal votes,
the Constitution invests it with the ampler
power, and makes it the duty of the House
to determine, sail questions in relation to
"the eligibility of Governor, and to the
"returns of said election, and to the num-
Der and legality of votes therein given.'
To determine call questions" How
BY an Immediate investigation of the facts
at issue, either sitting as committee of
the whole, or by select committee, charged
with the amplest power necessary for the
most thorough and exhaustive considera
tion of all matters material to the issue.
In this case, the language of the authority
is mandatory, and makes the duty of inves
tigation and decision an imperative one
All questions shall be determined. The
power conferred is intended to be remedial
in its character. Investing the House in
its highest representative capacity with the
correction of such abuses or Irregularities
as the strictest inquiry may develop, either
upon the face of the returns themselves, or
in the number, and legality of the votes
therein returned. There is no limit to in
vestigation, no restri ction upon inquiry.
To determine call questions" When?
Investigation must precede determination
and decisien. AS the power to determine
is remedial one, then certainly at such
time, and upon such condition as shall not
de6or the party entitled to 1t, has remedy
The act of investigation, is condition,
precedent to that of the exercise of the
power to decide. The act of decision, in
wolves the power to apply the remedy, the