The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-05

decision will command respect. We refer
to the matter simply for the purpose Of
showing the urgent necessity of giving
somebody or some tribunal the power to go
behind these executive certificates, and to
inquire into and determine the facts rela-
tive to disputed or contested electoral votes.
The absurdity OF allowing corrupt gov
efnor or returning board to decide n presl-
dental election, and to cheat the people
out of the president Of their choice, without
any remedy therefor except peaceable sub
mission or forcible revolution, Is too plain
for argument. The wrong of permitting
a person whom the constitution says shall
not be appointed an elector electing pres
ident and vice-president by his casting vote
If we may so term it--while the people
are utterly remediless IL too monstrous al
most for assertion. The fact that the one
or more decisive votes may be cast by an
unnaturalized foreigner-and 1t is alleged
that one of the Michigan electoral votes
was so castor by an outlawed and I'M
pardoned rebel-as is said to have been the
case in more than one of the southern
etates-shows plainly enough the necessity
of some such power being lodged some
where. Argument cannot make the neces-
sity any more apparent than the bare facts
of this election leave it.
There is much of force to the objection
to giving this power to congress or.either
house thereof, not 90 much, however, be-
cause the trainers of the constitution In
tended to prevent an interfer ence of con-
gress in the election of president and vice
president; for the constitution expressly
gives, in certain contingencies. the election
of a pres d It to the house and of vice
president tu re senate. Twice under this
power has tle president len ,lr,t by
the houte ard once vice-pr s'oen By the
senate. Thomas J fferson WAS elected
president, by the house, in 1901, and John
Quincy Adams in 1925 aud Richard NJ.
johnson va elected vice-president, by the
senate, in 1881 Indeed, James Madison,
almost the author Of the constitution, ex-
pressed the opinion that it would be i'm
practicable to elect a president, under the
electoral system OH rwise than by con-
gress. The objecii,n Ia swing congress
power to inquire into the a pom MT -
electors derives its force irtn The DANCE,
that these questions would b. d, C led. n',
according TO the Law a fart4. hut As q y
necessity might S sem TO rQtri Tie
power so exercised snuld he almo n ia,
as the absence of all p,wer AID con, pnl-
sorry submission to the I all- Of an,xcu
tive or a returning board. al 'an,l t ~
determined by fraud, Vi lencu an innm =
dation in one or more t..
So that whether the ee ''op con- ',i.s
shall determine that con ~, 8 has III. y ".
to so behind the executive, cernf me IN
inquire into the facts, or hat tieUtufc I.
if final, conclusive, ard cam o. he n.
peached or questioned, al u,gcn ces
exists for constitutional amepdment PRO-
viding for a tribunal possessing unques-
toned power to examine into and decide
all Of these cases. Ii congressIh has the
power, it should be taken away. Ifit has
not the power, it should be given some
where. Perhaps tribunal constituted like
the electoral commission could not be i'm
proved upon. 1t is as nearly non-partisan
as any tribunal could possibly be. The
only possible objection to 1t is, that it is
established only for the present election
and has only the powers possessed by con-
gress. what La needed tor the future is, a
tribunal established by the constitution
with ample powers to inquire into and de-
termne all questions of contest and dispute
as well as of fact as of law.