Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-23
From the Ellsworth American.
Are State Rights to be Over
b thrown by the Democratic Par

thrown by the Democratic Par.
ty?
In one respect In our system of government the
autonomy Of the States is fully recognized, and
that s in the election of President. BY the terms
Of the constitution, the people do not elect Pres
dent. They do not necessarily elect the electors
The constitution says that leach State shall ap-
point electors" not that the people of each State
shall appoint-but that the State shall appoint
not that the State shall elect but that the State
shall appoint. Further, each State shall appoint
in it, own way, without regard to the way adopted
BY any other State. A State may appoint through
ito governor or legislature through an election
or in any other way. These electors when sp-
pointed cast the vote of that State, and it is no.
body's business how they are appointed, If it is
satisfactory TO that State. The State of Maine
appoints seven electors in her own way, and COM
missions them in her own way and New York has
no business with it.
If BY the laws of particular State the elector
are to be appointed through an election, who is to
determine and decide upon the election Who
but the proper officers Of the State No other has
the least voice in the matter. The United States
government has no voice in it. II is purely q
State matter, to be decided by the government Of
that State, setting under the laws of that State.
In every State there is a Returning or Canvass
ing Board. which counts the votes and decides
upon the election. In Maine it is the Governor
and Council. This is the highest tribunal IN the
State for the purpose OF deciding upon the votes
for electors. In the three Southern States of
Louisiana, Florida and South Carolins, it is ad-
United that the Returning Boards have the power
under the State Law to throw out the vote Of pre-
cincts where violence and intimidation prevented
. fair election. 1t may be very foolish law,
(which II 10 not) but il 10 the law Of those States
The only question can be, whether there was vio-
lence in any precinct. 1t may be there was testi-
mony both ways-who is to decide who, but the
Board Of Canvassersi If they decide either way
how il their decision to be reviewed BY the law
OF their particular State, they made the tfibu.
nal, ard their decision must be accepted. If they
decide wrong, they are in good company win
other courts in all the States that have made wrong
decisions. II the matter WAS within their juris-
dictlon land that seems to be admitted) their de.
cision settles the matter. Somebody must decide
aud the laws of that State make them the judges
Now how can these decisions of the Canvassin1
Boards Of the different States-if according to the
laws Of the state--be controlled or upset BY any
other State or by all the other States combined;
whist becomes Of the constitution and the pet dem.
ocfatic doctrine OF State rights, if the Federal
government can override the States in this way I
All the Federal government can do is 10 receive,
and give effect to the vote OF those electors SO de-
cided 70 be appointed by the proper court of the
State. We may not like the court nor it, decis.
ION: but we, in another State have no right to in
tsrfere.|
But this is not the Oregon case In that State
the Canvassiug Board found and decided that
Cartwright, Odell and Watts had received a ma
lor.g OF the votes, and of course were appoint
ed BY that State n electors. The Governor, utter
y without authority under theslaws of his State
ls4Ued the certificate Cronin aaI Of
Now II the Governor by the laws of Oregon was
the tribunal to decide upon the election his decis
ION, however outrageous it might be- would be
hnal 30 far Is the other States concerned We
might howl ourselves hoarse, but we should have
TO leave him TO the tender mercies of the people
OF his own State. If however, be is not the tri.
suna his act 10 void and will not effect the vote
of the State.
The College declared elected by the Canvassing
Board, the proper authority TO determine who is
elected, has cast its vote for Hayes The men
whom the Board have found not to be elected
also send on votes to the President of the Senate
The Federal authority must ascertain which set
was declared elected by tue constitutional and lie
gal tribunals Of the State, and then count the
vote If by the laws of Oregon, the Governor
had no jurisdiction, his performance can have o
more effect than that Of any citizen.
we see no occasion for much bowling. We
may not Ike this way of electing President, and
may chafe terribly over the power Of any one
Stste TO decide for herself the matter of electors
and may get very mad over any decision her tri-
bunAls may make. but it is the legal and
constitutional way that our fathers established and
agreed to. If anybody don't like it he can have
the Constitution amended. We must moi kick =
. muss however, and talk blood and thunder
That don't amount to anything except a confess
ion of defeat
We are confident however, that the TESTIMONY
taken In the South will entirely justify the Re
turning Boards in those three States. and vii
convince the people Of the county, that unde
the law and the evidence the ldecsion was right
and that no other could have been made by any
court under the same evidence and the same law