The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-03-15
The Truth Of History.

clare1 President Of the United States. to
which Office he was n;lneted on list Mon
day. 1t is iiot profitable or desirable to con-
tinuc the discussion OF the claims of the
competing candidates for this higl, . 81 ion,
but as the democrats have charged that there
was bad faith sil' VII by the Republican
members OF the Commission to decide the
Presidential claims, i'll not admitting evil
dence by going behind the action of the Re-
turning Boards of tie disputed States, and
partizan disposition manifested in the votes
east by the Republicans, it is well enough,
for The truth of history, that the u atHre and
purpose Of the Electoral bill as exp aimed
by both Republicans and Democrats. be kept
in mind. With that view we publish ex-
tracts from speeches made in advocacy Of
the passage OF the measure by representa-
tiYes Of both parties.
Mr.. Edmunds, a member OF the joint COM
mittre which prepared the bill, in his open
ing speech explaining its provisions, said:
You will observe. Mr.. President precisely the
question that is to be sent to this tribunal for its
consideration. 1t is to inquire which of the pa
pers OF the conflicting ones is the paper that the
Constitution calls for; that is, the electoral vote
Of a State in the Union the Constitution says.
as II need scarcely have said, but some language
must have been employed. 1t is the coIistitu-
tionai vote OF the Stale the voice of the State in
the manner prescribed by its Legislature i'll the
selection OF electors who have voted for PreSi-
dent that is to be sought for and it is the person
who has the highest number OF those Yotes-I
am not now quoting the language OF the Consti-
tuition, but what everybody understands 1t to
nienn--who is to be the President. Therefore this
tribunal, or commission as it is styled in the bill
more accurately, IS called upon 10 determine one
single question between two conflicting papers
purportieg TO be the constitutional ertiticates,
and that IS they are to determine which of them
is in conformity with the Constitution and which
uf them is not.
Referring to the question rs to the right
to .o.beiind the decision OF the State author
ties, which one sitit. maintained and aMolh-
or denied, he said:
What could VIC do We could do that, just
that simple thing We thought, that we have done,
snd that Is to say that this Presidential election
must be settled, ami settled only upon the Con-
sti,ntion AMI the principles OF law they exist
ed when 1t took place. Who i to decide what
they we're when il took place :: Exactly the tr-
buIIai that must decide everything i'll the end
whatever tribunal the Cons titution ana the law
constitutes Tor The purpose of such decision.
This law constitutes a tribunal 10 decide that
very thing, among others In other words, it is
commanded to decide what is the constitutional
vote or state and in aoins that may take INTO
view any evidence OF any KIND tina The Constitu-
to that subject, and not any other. =
Then We require that the decision made by
thia commissiol-tius under a special oath to
fuiiow the constitution and The law. and notl ng
Else, and in deciding these rights to follow the
law as It is now. for the bill gives them new
law it only creates them to decide upon the old
shall be reported to the two houses in writing"
Dir. Frclinghuyseii. another member of
the committee which prepared The bill, in
his speech said:
1.-THE very nature Of the tribunal that is to
count the votes assuming that ii is either the
Two houses OF Congress the President of the
senatel lreciudes the idea that there can he any
investigation back OF the certificates. returns
and accompany ing papers. Whether Congress or
tbe Comm ission 30 back the certificate, re-
and accompanying papers is one OF the
questions referred by the act TO the Commission.
and am entirely Willing TO abide by the decision
Of the fifteen sworn members of line Commas
sion'
Mr.. Freiingtiuysen was even more explc-
it than this, for not only did he assert that
this question was TO be entirely in the hands
efthe Commission 10 decide, but he gave
his own views in regard to it as follows:
1T may be said that if this doctrine OF not 60
ing behind the returns is true there was no ne
cessity OF taking testimony in Louisiana. / do
not think there was the least necessity for do
ing. excepting for the purpose of satisfying the
public that no injustice had been done, to give
the Executive such Information as he might re-
qnire to decide which of the two governments he
should recognize. The Constitution of
Louisiana Or any other state has nothing 10 do
with the electoral vote. The Consti-
tuition OF the United States did not repose in the
convention watch framed the constitution of
Louisiana the right to fix the manner in which
electors should be elected, but reposed that right
IN the Legislature of Louisiana, and if thar Leys-
iatnre sees proper 70 say that in the election of
electors there shall be returning board which
shall have the power to reject the vote OF parish
where intimidation and violence prevents free
election, OF which that board is to Judge, that
legislation is valid and constitutional SO long as
il does not violate the Constitution OF the United
States, from VIII tn source alone the Legislature
derives its power to legislats on that subject So
DO not see that there is any constitutional eues-
uon 70 come before Congress or before the Com
mission in that regard
Mr.. Thurman, one of tile Democl ATTIC
members OF the Commission, was equally
explicit il: regard to the powers of the Com
mission. He said:
This bill gives to this Commission the same
powers that the houses OF Congress separately or
together have, whatever those powers are. Ii
constitutionally they may go behind the decision
OF a returning board this Commission can go be-
hind it, il cOnstitutionaly they cannot go behind
that decision. this Commission cannot go behind
it; and therefore it is license OF speech to
eau this shuffiing bill You might well call |
any Dii! SUCH as we often puSS authorizing the
court OF Claims 10 decide on a claim against the
United States. or authorizing any other court to
oeeloe claim, "a shuftiing bill, because in the |
act We pass We do not decide the case ITSELF but
submit it TO to the judicial determination of the
u.
In view of these plain declarations of the |
men who framed the bill. made in open de-
bate, it is simple foil for Democrats to say /
that there was an understood agreement |
that the Commission should 20 behind the |
returns.
The other Democratic excuse for reyolu- |
ton Is equally futile. Both Senator Ed
munds and Senator Thurman declared that
4he Commission was only to interpret exist
Ing law, not to make new regulations. What
has been the Democratic Interpretation OF
The law about electors? In 1873, when no |
party conflicts was warping meas judy
nent, Senator Thurman, now a member of Y
ibis Commission, while discussing reso,l-
Jon ITO inquire and report whether the re-
cent elections of electors OF President in the
States Of Arkansas and Louisiana had been
conducted in accordance with thu. Consiitu- |
Ion and laws Of the United States,'' spoke |
IS follows:
'.Iknow of no power vested in Congress to pass
ny law on this subject except Il law fixing the
ime when the electors shall be chosen. Each
tate 10 to appoint its electors in the manner the
ontest of the right OF persons to hold the Office
eiector, it seems to have been the contempla-
on OF the trainers OF the Constitution that that
rs TO be provided for by the states themselves
lat each State must .termiEe in such mode
II shall provide any question that may arise
etween different persons claiming to be elected
that office. No jurisdiction over the subject {
Gems to have been given Congress.
ow far our power goes not prepared to t
"; 1t is matter that requires the graVest con-
deratton; but do not wish to be considered as t
,mmftting myself by any implication that we | /
ave power to go into the question of contest i
the seat Of these electors We may be com t
elled, possibly from necessity, to determine t
hich of these 1wo sets OF electors has the official l.
'idence that entities their certificates to be re-
lived and votes given by them To be counted O
at 1t Is asubiect full Of difficulty Id
Senator Baya-d, another Democratic mem l
.r of this Commission, spoke as follows 6
It'll equal csplictness.
nowhere is power given to either house OF 4
,ngre6s to pass upon the election, either the T.
snner or the fact, of electors for President and
and il the Congress OF the United
ates. either one or both houses, shall assume n
lder the guiSe or pretext of telling counting I,
vote to decide the fact OF the election of elect
s who to form the college by whom the e.
esfdent and Vice President are TO be chosen. | ,
en- they will have taken upon themselves au- u
GRITTY for which /, for one. can find warrant p
this charter OF limited powers: II
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