The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-20

PASaenti II makes no ulllefence from WhA
cause there are absentees, whether ther,
are vacancies or whether the mem
bers are wiliully absent, II ther,
be majority present the law Il
complied with. Now, in regard 10 III,
eligibility Of electors, the Commissior
decided that II was not competent h
prove that certain electors we're ineliei
bic on the eth Of November, the day o
the election. They decided upon tw,
grounds. First, because in any point o
view proof would be Immaterial, becaus
the substance Of the Constitution, tn
spirit and meaning OF II, Is that electorI
shall be eligible when they come to nc
and when they come TO vote, and not n
the time when they are elected. Certain
persons are ineligible 10 be members o
this Senate. A Senator must have cet
tain qualifications. II he has them wher
the time comes TO be sworn in, that 4
enough. 1t Is immalerial whether h,
has them on the day Of his election
That is well settled but the Commission
decided that proof was immaIerial rpou
other ground. II il were conceded that
an elector was ineligible upon the day he
voted, can that fact be proven to strike
out his vote? II it can, it is overturning
the very best principles Of law. A may
be ineligible 10 seat in this body. He
may not be 80 years old; he may be I'm.
der the disabilities Of the l4th amendment,
but if he comes here and Is sworn in and
takes his seat, he may be afterwards
turned out on proof Of the fact, but every
vote that he cast has the same validity
with the vote OF every other Senator.
A man may be ineligible to be appointed
Judge under the Nth amendment, or
for want OF age, or from any cause
provided by the law Of the State in which
he lives; yet il he is appointed, notwith.
standing mis- ineligibility, every act OF his
as Judge is just as valid as il he had been
eligible. He may be turned out upon
quo warranto, but until that isdone his
act is valid, and can there be an excep.
ton found TO this rule. lie knew Of
none. In applying it to electors we ap.
ply simple well-settled rule Of law, and
how absurd il would be to overturn that
rule in case where the discovery is made
after the vote is cast, wheni it is past rene-
dy,that an elector was ineligible and strike
out his vote. II the Commission had
decided that it would have overruled
a well.settled.principle Of law. Who six
months ago Contended for that principle?
This tribunal decided that you could not
enter into proof to contradict the returns
by the proper returning officers OF the
State-thOse appointed BY the State 10
decide and declare who had been elected.
1t seemed to him that if any principle Of
Constitutional law. was plain, that must
be that the Constitution gives 10 each
house tho right to Judge Of elections re-
turns and qualifications OF its members.
II ii were not for this provision oil the
Constitution each house could not do
that, and il Senatorial election was con-
tested it would have TO be by the Iegisla.
ture Of the State that sends the Senator
here; but this power has been given to
each house, and il was not civ.
en- in regard to electors that the houses
have in regard 10 their members. The
answer is, power was not given. II the
trainers OF the Constitution had intended
to give that power they would have said
so. To infer the existence OF so great
power is to override every principle Of
construction in regard to the Constitution
that was adopted In the very beginning.
To give Congress power to Judge OF the
election returns and qualifications OF
electors, is for the legislative TO absorb
the executive and to place the control of
our election of President absolutely in
the power OF the two Houses. We know
that it was intended, we know il anything
is clear il was intended to make the elec.
tiOn Of President Independent Of Congress
The Constitution says the certificates shall
be opened by the President Of the Senate
in presence Of the two Houses. Whether
he il TO count the votes or whether
the two houses are to count them, and |
assume under this law the two houses are
10 do it in certain cases. This Electoral
Commission, what can they do? They
have but one duty 10 perform and that is
10 ascertain that these certificates came
from the electors Of the State; when that
is done the vote shall be counted. They
must ascertain the fact whether they
came from the electors Of the State, and
when they have ascertained their duty ia
at an end. There is no place to try auy
question OF eligibility, and how afe we
to know the certificates came from the
electors OF the State? In the first place
the act Of Congress provides that
prima facie evidence is given OF the Coy.
ernor's certificate, but that is not
conclusive; that is the result Of an
act Of Congress. 1t may repeal that act
or it may provide by another to 20 be.
hind ii. But when you 20 behind that
and come to the action Of the officers Of n
State, there your inquiry is at m end,
When the officers appointed by a State to
declare who have been chosen electors
have acted and made that declaration.
il is final SO far as Congress is concerned.
The action Of the State officers is the act
Of the State.
Mr.. Bayard said, as member of the
Commission, he had given all he could
give Of earnest study, patient labor and
devotion to secure u just execution of the
law under which he was appointed. His
AADOlb anu llH SluIlh lllu Deen crowned
by failure. Deep was his sorrow and
poignant his disappointment. He mourn.
ed his failure for his country's sake, lor
1t seemed 10 him not only did this decis.
ion Of eight members Of The Commission
level in the dust all the essential safe.
guards thrown around the election Of
Chief Magistrate, but 1t announced to the
people Of the land that truth and justice,
honesty and morality, were no longer the
central basis OF their political power.
The debate continued by Wallace
against the decision Of the Commission
and by Logan and Sargent in favor there.
Of.
Mr.. Sargent-In the course Of his rc.
marks, he said that the frauds had been
committed in Louisiana by the Demo.
Gratis, and II was by such means that tbey
expected to seize the Presidency. i'll
was by such means, that feN days ago,
an assassin attempted in the State
House Of Louisiana, to take the life of
the man whom more than half OF the
people OF Louisiana had elected Govern.
or. Laughter on the Democratic side.l
MIR. Sargent looking towards Withers
said, the Senator might laugh at that
fact. Did the Senator laugh at the Iaci
that one Of his party papers in this CITY
yesterday, counselled the assassination
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