The Republican journal. [volume] (Belfast, Me.) 1829-current, 1877-03-15
question of the dispute, is well-known to the

tu ~ 'hr hayes electors. Among olher
sao.;.iN> "a ""]t'toh IL WAS u.9eu i,ia' ,nese
aug ila, oVeh lFa'ietiehty anu SoiIupi-
~ !NN"c'. =! 'ne felurh,hS-poalus anu eAeeN-
tN'S w tntSt states ana az IL itsn' vi ii con-
iHiN o. ven 'e'h ,''N 'iie t'e''ols ''aiiiiiHS
:" haNe pefh CHOSEN iha' Surh cer'liicascs lad
"VSn 'HS"'" ~ ''oi'luil vi 'ht laws Oh me re-
nt.SlH >1''eN' "hu !hu soiiie vi me electors
hhslG" 'i'''tii were hensipie pv me express
~ is'o', ~ Wy '"hst'tu'ion Oh Inc nlted
mn 'il'sr "iiec'iohs We're Drought
before inc eotmih!sSloh' PROOF was otleredto sus-
.''i '"'''i' ny COMMISSIONS pE vote OF rlghl
!" tH' l'ltStd 10 ie'tiNe me testimony oHered
N,t' "s :" iie iitiSipItltt Oh Il single member
~ 'ol !a. II was Noled IN the case OF LOUIS
l"ii| tltt NY commission would not receive any
'Ni"eiiNe' me deHiocratS would nave enue;N-
OlfN " snow ttiat Inc feturnlng-Doaru was an
UNCONSTITUTIONAL body; that 1t was not organ
iN'u, az iht law required. AT the lime the vote
was eahNtssed; thAi II had no jurisdiction 10
canvass the electoral vote; that the charges OF
itol' intimidation and violence were false, ana
ti'at INC felufiiiS-ooaid knew lhal 1act; that
Inc certificates were eorruptly issued, ana as
result OF IL conspiracy; ana mat the Vote oil Inc
stale has never been compiled or canvassed.
Inc same rulings substantially We're made IN
me case o. Flordi me commission also re-
ilSeu 10 hear PROOF maj at me time OF me elec-
non III SCUM oaroilha ailafehH prevailed de
>troFlhS Inc fepnhhcah form OF government III
maj Stale, ana mat troops were returned there
III Nlolatlo: oi thc CONSTITUTIONS TO interfere
WIN me iitc taoice o9 erection, so lhat Inc
''iWlui Notr VI tht' slaie couid NOT be known.
tt5'ihHl 'ltst "tcisiohs we pr"lf>l most eaiil-
ta'lE' Ill me lame OF Tree and republican gov
81 naien'. iu iile ntst place theE struck tatal
p'o" d. the coHslltltiohai powers OF the TWO
'ouSes " c"uht tht Fletlofa Fole, rms power
"a> been exercised b; both houses without dis
Pug io'ii 'ht iohnualioh OF the government.
10" ~ i'"h'e >i'p"l" ot ftctmed III cases ol Il
tiSPu'eu lttulh SVeH> gear: ihe pf'llcpie mas
o'en maintained oE tl,e ahteSt statesmen me
country mas Prouuced' IL mas been me practice,
n"'a"'N ~ We case oi Louisiana ltSeH' IN lN'5
ana $50. Stch, eNiueht!N was the New OF
both houses al the present session. The iuVe%-
LEGATION committees were sent to Florida. South
arolina and Louisiana to take testimony and
report lis 10 the elections in those states 1t is
difficult to upon what principle this view can
be based. The duty Of Congress is to count the
votes This makes it necessary to determine
" hal is The true vote. and distinguish the false
iiom the true. This requires evidence, for
when the false and the fraudulent have been
presented The forms OF law expressing the fact
cannot be- made unless ey ,enre be admitted.
lip action OF the commission dSablps CON
4fess from performing 4 constitutional duty.
In the second place, this ,ierision nulliee An
article OF the constitution. In section l. article
Al, it j. proved that no senator on rcIreaenta-
i've, OF person holding an office of trast or
profit under The nited States. shall be appoint
t,t an elect0r If the .tatp4 choose electors who
are intgilc, how can hi, provision be made
etiertual The -ta,r by if4 action has refused
To regard H. Manifestly il can then only he en-
forced by The bower authorized io mss mon
lie vote which the state has returned CON
&sress then in counting the Vote mu>t deter
lnine " ho are and who are not eligible electors
facts winch can only be asserted by evidence
iliunle. Any other doc,rille .hrogales the
prey iou' construction. and in eject substitutes
The following. sgeuutorS. REPRESENTATIVES and
all persons holding Offices OF trust or profit
under The nilp,i States NAV be appointed eec-
tors"
In the third place. the doctrine gnore9 ali the
precedents and rules OF morals in excluding the
evidence OF fraud submitted NOTHING can stand
which il furnished by fraud. 1t yitiates cyery-
Thing 1t annals every deed, cancels every obqa
t0n aEnuls every contract and rcverses every
Judgment. Every tribunal. however Organized
is bound to regard every fraudulent transact ion
is Il nulty, however if NAV become before if
whether directly, in an independent proceeding
or collaieraily. The dec i.ion of the highest tri-
hunal ii procured through fraud should be
treated as Of no effect by The humbest court in
the land As said b. Il distinguished writer,
81 1t matters moi whether the Judgment I'M
lugned has been pronounced hy AN inferior or
by The highest court of the land: but in all
cases alike il il competent for every court.
whether inferior or superior TO treat rs Il mil
lily any Judgment that can he clearly shown to
have been obtained bv manifest fraud" IT re-
MANNED for this decision declare that there
were certain tribunals which could pernetrate
fraud with lmpunitV, and that there WAS one
court which could not lay lis hand upon fraud
Nhen brought before il for review. Those ex-
reptloual tribunal, were the observation-disclosures
OF itorlda and Louisiana. That exceptional
court is the eector. commission. Fraud has
lonhd m eillrenchnen from which il cannot be
driven in contest making the choice oil the
highest officer OF The greatest of republics A
dprtrnc more r0rruptin% IN It's consequences
more destructive of The purity of election and
more threatening to the perletutY OF frre GOV
eminent, could not easily he suggested.
II Is sought to Justify this decision by IN APP
peal 10 state Sovereignty. The argument is ,l.,t,
~ lile >lt't~ choose Iheh eeriof~ III thfir SoNer-
~" 'Hi'hrIle' Inelt utoi,ion cannot bf reversed
.'9 ai'4 o.ner n!thornS. ms proposition pushes
=" Us i"itheSt mint Inc doctrine VI state rights.
/ ne theory OF me most advanced advocates OF
MAJ schooi was only mat The states were soyer-
ti2h as TO me powers delegated to them. 1t was
'"hceded That constitution was supreme. The
power 10 choose electors would not have exist
ga except Tor the constitution. Ii WAS, there
loft, a delegated power. The legislature OF the
Niale chooses electors by virtue OF the cohsttu-
llohti provision: IL Is a duty to be performed
%! the stale Wiilie III the Union. III cannot per-
PORN 1t before admission nor alter The mon is
HissolNtd. cn IL De possible That there Is no
power III lhe mon 10 determine how the duty
performed Liam