The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1877-02-03
THE ELECTORAL COMMISSION.

bv the Electoral Commission, will he
looked for with the greatest general in
terest, is that most important issue,
whether or not, in the performance OF
the serious duty imposed upon it, the
Commission shall 90 behind the returns
of the duly constituted State Boards of
Canvassers, and enter upon a detailed
examination of the votes cast for Pres!-
dental electors in the disputed States.
As has been truly said, this question
suggests more peril to the Republic
than any power ever claimed under the
Constitution, save that of the asserted
right of State to Withdraw at pleasure
from the Union.
1t must be apparent to every thought
full observer that, if the Commission
decides to count the votes in either
Louisiana or Florida, hereafter no cleo
ton of Presidential electors need be
| considered final and conclusive, until
passed upon and recanvassed by either
or both Houses of Congress, and that
the practical control of Presidential!
| electors can he assumed and be deter
mined by Congress whenever partisan
considerations may suggest or urge the
necessity of such assumption. In the
| present case the decision of this qucs-
ton carries with it the choice Of Presi-
dent. for if the Commission, in deter
mining the limit of its jurisdiction, fol
| lows the Constitution and the law, the
election of Gov. Hayes must follow.
And vet, in palpable violation of the
| lifelong attribute assumed by the Demo
cratic party, upon its aged and well-rid-
den hobby Of State sovereignty and
States rights, the position taken by it,
in the issue now raised before the Flee
toral Commission, is in violation and
utter disregard of the clearly defined
and Enthusiastically declared rights of the
| States guaranteed them under the Con-
stitution as the supreme law OF the
land. The selection of President is,
| bv that instrument, made a State pro-
ccdure solely. 1t delegates to them the
power to appoint Presidential electors
by any manner the Legislatures Of the
several States may prefer They may
be selected by the direct vote of the
electors of a State, or be chosen by it,
Governor. The selection Of Presdcn-
tal electors is, in every sense, a State
act, and in no sense a national one
Not only this, but in the event of a
| failure of choice of a President bv the
electors choscL by the States, in the
only contingency contemplated in the
Constitution, in which Congress shall
elect President, the vote even then
shall be east by States.
This being the fact. the Inconsistency
and fallacv of the Democratic argument
becomes apparent, when Congress as
sumes, by VIVA NoCE, the power to
reject the vote of State, thereby con
trolling the result Of a Presidential cleo
ton and constituting itself the custo-
dian of power residing in the States
alone If, then, this power does not
constitutionally reside in Congress, it
cannot delegate it to any other tribunal
or commission, and the act Of the Flee
toral Commission, in going behind State
electoral returns, is no other than the
simple act Of overriding and going be
hind State itself in the exercise of
rights clearly defined and expressly
guaranteed Yet, in the interest of
their defeated candidate, the Democrats
are striving desperately to attain this
end, although utterly subvcrsive of the
powers incontestably granted the States
by the Constitution.