The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1877-03-08
bill was passed creating An Electoral Com

Commission. How that confidence has been
disappointed, how . decision has been made
based upon a refusal to consider the unfor-
tunate question in dispute, il well kno IN to
the country. When the certificates from
Florida and Louisiana were opened and sub
mitted to the two houses, objections were
fled to those presented to the Hayes electors
Among other grounds OF objections. it WAS
urged that these certificates had been frsudu-
LEFTY and corruptly issued by the Returning
Boards and Executives Of these states. and as
a result of conspiracy between them and the
electors claiming to have been chosen that
such certificates had been issued in violation Of
the laws of the respective states, and that
some Of the electors named therein were in
eligible by express provision of the eonstitu-
ton of the United States. When these obisc-
tons were made consideration before the
Commission, proof was offered to the Com.
mission to sustain them. The Commission by
vote of to 7, refused to receive testimony
offered, except as to ineligibiIity of a single
member in Florida It was voted in case Of
Louisiana that the Commission would not
have evidence to show that the returning
board Was an unconstitutional body. that it
was not organized as the law requires at the
time the vote Was canvassed; that it had no
jurisdiction to CANVASS the electoral vote: that
charges Of riot intimidation and violence
we're false, and that the returning board knew
that fact; that certificates were corruptly and
conspiracy, snd that the vote of the
state has never been compiled or
canvsssed The same rulings sub
| stsntislly were made IN the case of Florida
The Commission also refused to hear proof
that at the time Of the election in South Caro-
lima anarchy prevailed, destroying a republican
form Of government in that state, and that
troops were retained there IN violation Of the
constitution, to interfere with free choice oy
election, so that the lawful vote Of that state
could not be known. Against these decisions
we protest most earnestly, In the name of a
free and republican government. In the first
place, they struck fatal blow at the constitu-
tlonal powers Of the two houses to count the
electoral vote. This power has been exer-
clsed By both houses without dispute frem the
foundation Of the government. That
evidence should be received in cases Of con-
tested returns seems clear. The principle
has been maintained by the ablest statesmen
the country has produced. 1t was a practice
confined to principle In secret session, notably
in case Of Louisiana itself, in 1869 and 1878
Such evidently Was the view Of both houses
at the present session. The investigating
committees were sent to Florida, South Caro-
lima and Louisiana to take testimony snd
report Is TO elections IN these states. The
duty Of Congress is to count the vote. This
makes the enactment of the vote be counted
This again makes the determination of what is
the true vote, and the distinguishing OF false
from true. This requires evidence. Forms OF
law expressing the fact cannot be made unless
evidence be admitted, for if fraud possesses
the court, how can the success of falsehood be
prevented if either jury be denied. The action
OF the Commission disables Congress from
performing certain constitutional duty
In the second place, this decision nulifies
an article Of the Constitution. In section l
article A, it is provided that no Senator or
representative, or person holding an Office of
trust or profit under the United States shall
be appointed an elector. II the states chose
electors who are ineligible how can this pro-
vision be made efectual. The state by its
action has refused to repeal it; manifestly it
can then only be enforced by power author
lied to pass upon the vote which the state has
returned. Congress then, in counting the
vote, must determine who are not eligible
electors, facts which can only be ascertained
by evidence aliunde. Any other doctrine alb
rogates the previous instruction, and in
effect substitutes the following Sena-
tors, Representatives and all persons holding
offices OF trust Or profit under the United
States may be appointed electors.
In the third place, the doctrine isnoressli
presidents and rules CT morals In excluding
evidence OF frauds submitted. Nothing can
stand which is furnished by fraud 1t vitiates
everything, 1t annuls every deed, cancels every
obligation, annuls every contract and reverses
every Judgment. Every tribunal, however
organized, is bound to regard every fraudulent
transaction as nullity however it NAV come
before 1t, whether directly in an Independent
proceeding, or coiiateraly. The decision of
the highest tribunal, If procured through
fraud, should be treated as of no effect by the
humblest court in the land. AS said by a dis.
tinguished orator." 1t matters not whether
judgment impugned has been pronounced by
an inferior or by the highest court of the land,
but IN all cases alike it is
competent for every court. whether
inferior or superior, to treat as
nudity Judgment that Gen be clearly shown
to have been obtained by manifest fraud 1t
remained for this Commission to declare that
there were certain tribunals which could per-
petrate fraud with impunity, and that there
was one court which could not lay its hands
on frand when Brought before it for review
Those exceptional tribunals were the return
ing boards Of Florida and Louisiana That
exceptional court is the Electoral Commits
sion. Fraud has found an entrenchment from
which 1t cannot be drawn in a contest making
choice of the highest officer of the greatest of
republics. doctrine more corrupting in its
consequences, threatening to the perpetuitv
OF free government could not easily be sug-
gested. 1t is sought to justify this decision
ment is that as the states choose their
electors IN their sovereign capacity
their decision cannot be reversed by apy
other authority. This proposition pushes
to It's furthest limit the doctrine of
state rights. The theory Of the most sd-
vanced advocates Of that school was only that
the states were sovereign as TO the reserved
power to them; and as to those which
were delegated it was conceded that
the constitution was supreme; the pow
er to choose electors would not have
existed except for the constitution, therefore
1t is delegated power. The Legislature of
| state chooses electors by virtue of constitu-
0OnHl DrOylHlOn. ia q n he nd
by the state while IN the Union, it cannot per-
form 1t before admission, nor after the union
Is disputed. Can it be possible that there ia
no power in the Union to determine how the
duty has been performed, and whether in COM
finance with the constitutional provisions
assert Ibis doctrine is to declare abso-
lutte independence OF states to DENY the
supremacy of the constitution, and to leave
Us powerless against fraud or violence of
states which may force a President on the
people
The power to review the action of the
Electoral College seems necessarily to be de-
rived from the nature Of a confedersted gov
eminent. Ii one party to the compact pos-
s~~-es power to its suhiaes nattAr surarsor
to the power crested by agreement the COM
pact ineyitability fails, for it is impossible for
confederacy to exist unless jurisdiction of
It's individual members ts the powers
committed to confe derstion is subordinated to
the larger jurisdiction Of the latter. IT, for ex-
ample, as In this case, one state can receive
lts function as to slectIng as President in yio-
Istlon Of the constitution. without power in
the union to reverse Its action; then a consti-
tuition was unnecessary for the delegation of
powers, and the nation may be governed by
violation Of the very instrument which created
it. But whatever the power of Congress as to
authority over the vote of Electors it is GER
tain that it is not bound to trest ss valid
fraudulent certificate. 1t matters not how sb-
soluse the sovereignty under which fraud
Is perpetrsted, 1t cannot receive protection
nor be granted recognition il there be
s tribunal to which the GER
tihcates are submitted it is bound to treat
them as worthless. The certificates were
charged to be fraudulent. The Commission,
II 1t counted them, gave them validity 1t
was its duty TO hear facts to prevent the Sue
cess of fraud, even though the certificates
came from sovereignty an hundred fold
greater than Louisiana or Fiorids. BY these
methods, under the forms prescribed by the
law CO stituting the Electoral Commission,
rutherford b. Hayes has been declared Presi-
dent OF the United States His title rests
upon the Acknowledgement Of lawful voters,
the false certificates OF returning officers, act
ing corruptly, and the decision Of Commits
sion which has refused TO hear evidence of