Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1877-03-14

men the country HAS plouuCeo. ~ Nu'
the practice confined to the principle IN
secret session; notably in the ease 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
Carolina and Louisiana to take testimony |
and report as to the elections IN those
States. It's difficult to see upon what |
principle this view can be based Ihe
duty of Congress is to count the vote
This makes the enactment Of the vote to
be counted. This again makes the de-
Termination of what is the true vote and |
the distinguishing Of the false from the
true. This requires evidence, for when
the false and the fraudulent have been ap-
preached to themselves the forms OF law
expressing the fact cannot be made unless
evideace be admitted; forif fraud possess
es the recount, how can the success OF
falschood be prevented il either jury be
denied The action of the commission
disables Congress from performing GER
tain constitutional duty. In the second
place, this decision nullif1es an article OF
the Constitution. In section l, article
Al, it is provided, "But no Senator or
Representative or person holding an ollcc
of trust or profit under the United States
shall be appointed all Elector." If the
State choose electors who are ineligible,
how can this provision be made etlectual?
The State, by its action, has refused to
repeal it. Manifestly it can then only be
enforced by the power authorized to pass
upon the vote, which the State has re-
turned; Congress, then, i'll counting the
vote must determine who are and who are
not eligible elcctors-facts which can
only be ascertained by evidence dlIunde,
ANY other doctrinG abrogates the preyl-
GUS construction, and, in eject substitutes
the following Senators, Representa-
tives sand all persons holding otllces OF
trust or profit under the United States,
may be appointed electors" In the thlrd
place-the doctrine ignores all the pre-
cedents and rules of morals in excluding
the evidence of fraud submitted. Moth
ING can stand which is tarnished by fraud.
1t vitiatcs everything. 1t annuls every
deed, cancels every obligation, annuis
every contract, and reverses every Judg-
ment. Every tribunal, however organiZ-
ed, is bound to regard every fraudulent
transaction as a nullity, however it may
come before it, whether directly, in an in
dependent proceeding, or collateraliy.-
The decision of the highest tribunal, II
procured through fraud, should be treated
as of no effect by the humblest Court OF
the land As said by a distinguished
writer, sit matters not whether the Jud@-
mcnt impugned has been pronounced by
an inferior or the highest Court in the
land, but in all cases alike, tits competent
for every Court. whether inferior or su-
perior, to treat as a nullity any Judgment
that can be clearly shown to have been
obtained by manifest fraud" 1t remain
ed for this decision 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 upon fraud when brought be-
fore it for review. Those exceptional
tribunals were the returning boards OF
Florida and Louisiana.
That exceptional court is the Electora
Commission. Fraud has found all IN
trcnchment from which it cannot be driv'
en-, in o contest making the choice OF the
highest officer of the greatest OF repub
lies. A doctrine more corrupt i'll It's con-
sequences, more destructive of the purity
of elections and more threatening to the
perpetuity of free government could MOI
easily be found. 1t is sought to justify
this decision by an appeal to State soy
ereignty. The argument is that, as the
States choose their electors ina sovereign
capacity, their decision cannot be revers'
cd by any other authority. This propo-
sition puahes to its furthcrmost limit tht
? doctrine of State rights. The theory o
the most advanced advocates OF tina
school was only that the States were SOY
cregu as to the reserved powers over
them which were delegated. 1T was con
ceded that the Constitution was supreme
The power to choose electors would no
have existed except for the Constitution
1t was therefore delegated power. Int
Legislature OF the State chooses electors
by virtue of the constitutional provision
1t is Il duty TO be performed By the Stat'
while in the Union. Ii cannot perform
before the admission nor after the uniol
is disputed. Can it be possible there Il
no power in the Union to determine nov
the duty has been performed and Whethe
, in compliance with the constitutional pro
vision TO assert this doctrine is to de-
clare the absolute independence OF th
| States. to deny the supremacy OF the Con
sttution and TO leave the United State
, poyerlcss against the fraud or violence
+ of the included States, which may force
President upon the people. The powe
+, TO review the action of the electoral col
: leges seems necessarily to be denied IRON
, the nature of "a confederated government
: /. J..e party to the compact posses
, lower as to its subject matter superior L
+ The power created by the agreement, tn
; compact inevitably fails, for it Is impossl
, ble for confederacy to exist unless tn
. Jurisdiction OF its individual members Il
q to powers committed to the confederate
g is subordinated to the larger jurlsdlctlo
of the latter. II, for example, as in TIL
case, one State can receive its function
as to clecting a President in violation {
, the Constitution withOui any power l
n the Union to reverse its action, than
f Constitution was unnecessary for the del
I CATION of powers, and the nation may b
~ governed in violation Of the very III
+ strument which created it. But Whateve
Il the power Of Congress as to the authorlt
Il over the vote Of electors, it Is certain ina
:. it is not bound to treat as valid freudu
i lent certificate. 1t matters not how absc
d lutte the sovereignty under which frau
il; is perpetrated, it cannot receive protel
d ton nor be granted recognition, II thel
A be tribunal to which the certificates al
c submitted, it is bound to treat them {
- worthless. The certificates were charge
e to be fraudulent. The commission, If
n counted them, gave them validity.
.e was it's duty to hear the facts to prevel
v the success of fraud, even though the ce
N tihcateS came from a sovereignty hume
Il fold greater than Louisiana Or Flor
Of da. BY these methods, under the form
70 prescribed by the law constituting IL
te Electoral Commission, Rutherford
st Hayes has been declared President Of Il
y limited States, His title rests upon ii