The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-02

returns Of the popular votes and manipu-
late them as they please, faleifying the
actual returns, and certifying that persons
were elected who were not elected; aud yet
the electoral votes Of these persons must
be received and counted by the two Houses
OF Congress without any inquiry.
II would he interesting to know why Judge
STRONG did not inquire Of himself how this
doctrine can possibly be true. II he had
taken the constitutional provision which au-
thor2cs each State TO appoint electors in
such manner rs its Legislature may deter
mine. and had traced its purpose in the light
Of historical facts. he would have found that
there were two alternatives. and only two.
contemplated by those who framed this
provision. These were either an election "
electors by the people Of the State or an
election by the Legislature. The provision
as II stands IN the Constitution was a COM
promise. arrived at after 1t was apparent
that there was an irrccOncilablc difference
OF opinion in the Convention as to the
proper mode Of appointing the electors.
Some wanted direct provision for AN APP
pointmcnt 10y popular election. uthcra want
W. - l'l'N iNlpll AiittN Wv
bo made by the legislatures as COM
promise it was agreed that 1t should bo left
to the Legislature Of each State 10 deter
mine which of these modes Of election should
prevail In that state.
Now, the question which lies NJ the bottom
Of this whole natter 50 far as tho State Of
Louisiana j. concerned. is this: Docs this
simple provision ot the Constitution. which
authorized the Legislature to choose be-
tween these two modes Of appointing elect
ors, also authorize the Legislature, after IL
has devolvcd the appointment ON tho people
at large 10y popular election. to create
Returning Board with power to disfranchise
whole parishes or counties 10y throwing out
their majorities and making n fictitious ma
iOrity In just "a many localities us may DO
nce,lfu to change the result of the election
Judge STRoNo : doctrine j. that the tr- i
tuition of the United States has dcvol,.l b
power on the state Legislatures. lie t.f'
sensitive ON the subject Of State l..Nf.,,
and he thinks it dangerous to allow the
two Houses OF Congress 70 make any in
Qury into what has taken place In q
State where the evidence at hand makes
II certain that gross frauds have been
committed. Pat he seems to have Shut
his eyes to the far greater danger of al
lowing that Il State Legislature is con-
sttutionully authorized to devise the means
by which such frauds can Ice pcrpotrated
under the forms - law, end 10 put those
means into operation lorchoatirS both their
own people and an the rest of the Union.
II Judge STRONG had reflected that the Con-
stitutiOn Of the United States has dcvOlvcd
on the State Legislatures the power of de-
termning the manner In which electors
shall be appointed. for the sole purpo-r Oh
having IT done either by the people or else
by the Legislature itself, he would have
seen that this provision cannot in reason In,
held 10 authorize tho Legislature, after
popular election has been held, 10 take
extraordinary and violent measures To
defeat the popular VIII and ial-iiy tho
result. II, beyond this, he had considered
that the Constitution makes it the duty -
Congress 10 count the electoral votes ne
would have seen that this duty must COM
prchend a power 10 ascertain what are the
true electoral votes of any and every State.
The truth is that the suggestion Of con-
tralization. a. likely Ia result from al
inquiry into the Louisiana frauds. H. bug
bear resorted 10 rs AN excuse FOL having
given effect TO mon-trous crime Judge
STRONG admits that the counting I'm OF
HAYES is Il present evil" which he thinks
ought 10 he borne rather than open a
door to let in Il great Capitalization Of
power in the hands Of the Federal Govern
ment. 50 he aud his eight associates in the
Commission open another door through
which enters the greatest political fraud
I'm history. \ wise and firm man might have
discovered that there was no necessity Tor
opening either Of those door, and that there
was safe and Constitutional middle course,
which would have led neither to an undue
assertion OF Federal power, nor 10 au undue
attrihution ~ State power That course
was TO lay il down as fundamental prop
ositiOn that the authority u the state Leg
islatures IL Limited To- an election 10y the
people, or tot an election by the Legislature
itself. and that when he former is resorted
to, the State ran do nothing but declare the
actual result according 10 the truth and the
fact. Ii this courec had been pursued. the
HAYES electors of Louisiana could not have.
been recognized, anu The election OF Prc-i-
dent would have passed into the House OF
Representatives, where the Constitution
intended il should 70 Ia case OF a nOn-elec-
ton by the Electoral Colleges.