The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1877-03-14

/ iSIb sHOStIuIeS tnc lOlAOWlhR Scnd-
tors, representatives and all persons hold
! ing Offices OF trust or profit under the
limited States may be appointed electors.'
In the third place. the doctrine ignores
all precedent and rules Of morals in ex.
cluding evidence of fraud submitted
/ Nothing can stand which is furnished by
fraud. Ttvitiates everything. 1t annuls
every deed, cancels every obligation. an
nuls every contract, reverses every judg-
ment. Every tribunal. however organ
lied, ia bound to regard every fraudulent
transaction a. a nudity, however it may
come before it, whether directly, in a de-
pendent proceeding, or collateral The
/ decision OF the highest tribunal, if pro-
cured through fraud. should be treated as
Of no effect by the humblest court in the
land. IA said by distinguished writer
at matters not whether judgment i'm
pugned has been pronounced by an infe-
rior or by the highest court Of. the lands ::
every court, whether inferior or superior,
to treat as nudity anv judgment that
can be clearly shown to have been obtain
ed by manifest fraud. 1t remains for
this Commission to dictate that there
were certain tribunals, which could per-
petrate fraud with IMMUNITY, and that
there was one court which could not Law
its hands upon fraud when brought be-
fore it for review. Those exceptional tri>
bunal- were the Returning Boards Of
Florida and Louisiana That exception
nj court is the Electoral Commission.
Fraud has found an intrsnchment from
which il cannot be driven in a contest
making choice of the highest officer OF
the greatest of republics. A doctrine
more corruPting in consequences, more
destructive Of the purity of election and
more threatening to the perpetuity OF free
government could not easily be suggested.
1t is sought to justify this decision by an
appeal to the State sovereignty.
The argument is that the States choose
their electors in their sovereign capacity
their decision cannot be reversed by any
other authority. This proposition pushe.
to its furthest limit the doctrine''of State
rights The theory Of the most advanc-
ed advocates Of that school, was only
that the States were sovereign "a reserv-
cd powers over them. which were deleeat-
cd 1t WAS conceded that the ConstItu-
ton was supreme. The power to choose
electors would not have existed except for
the constitution. 1t was, therefore, a
delegated power The Legislature of the
State chooses the electors, by virtne OF a
constitutional provision. 1t is duty n
be performed by the State while in the
Union. 1t can not perform it before adj
mission, nor after the Union is dispute
Can it be possible that there is no power
in the Union to determine how the duty
has been performed. and whether in
compliance with the constitutional pro-
visions To assn this doctrine is to de-
clare the absolute Independence OF the
States. to deny the supremacy of the Con-
stitution. and to leave the United States
powerless against the fraud or violence oil
States. which may force a president upon
the people. The power to review the ac-
ton of the Electoral College. seems me-
cessarlly to be divided from the nature
Of a confederate government If one
party to compact posses es a power as
to its subject matter, superior to the pow
err delegated by agreement, the compact
inevitably fails, for il is impossible for a
coniederacy 10 exist, unless the jurisdic-
tion of its individual members. as to the
powers committed to the confederation
is subordinated to the larger jurisdiction
Of the latter. II for example, as in this
case, one State can receive its functions
as to the election Of president, inviola>
ton of the Constitution. without any
power in the Union TO reverse its action,
then constitution wss unnecessary for
delegation of powers, and the motion
may be governed in violation Of the very
instrument which created il. But what'
ever the power of Congress as to author
ity over the vote Of electors, it il certain
that it is not bound to treat, as valid. 9
fraudulent certificate. 1t matters moi
how absolute the sovereignty under
which fraud is perpetrared, it can mo-
receive protection, nor be granted recog'
milton. If there be a tribunal to which
the certificates are submitted. it is bounC
to treat them as worthless. The certif'
Gates were charged to be fraudulent. The
Commission, If it counted them, gav'
them validity. 1t failed in Its duty t.
hear facts to prevent the success o
fraud. even though the certificates came
from sovereignty hundred fold greaIel
than Louisiana or Florida, by thes'
methods.
Under the forms prescribed by the Law
constituting the Electoral Commission
Rutherford B. Hayes has been declared
president OF the United Staies. His IT'LL
rests upon the acknowledgements OF law
rul voters, the false certificates OF re
turning officers acting corruPtlY, and th'
decision of a Commission which has re-
fused to hear evidence of alleged fraud
81 e.. -: 49, ,ba Ar,arican neO.