The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1877-02-28
sion decided that the proof was imma.

sion decided that the proof was imma.
terlal. Upon other grounds, if it were
conceded that an elector was ineligible
upon the day he voted, can that fact
he proven to strike out his vOte7 II
it can, it is overturning the very best
social principles of law. A man may
be ineligible to a seat in this body
He may no: be thirty years ct age. He
may be under the disabilities of the
fourteenth amendment, but if lie comes
here and is sworn in, and takes his
seat, tie may afterwards be turned ont
upon proof of the fact, but every vote
that he casts has the same validity
with the vote of every other Senator.
A man may be ineligible to be ap-
pointed a judge under the fourteenth
amendment, or for want of age, or
from any cause provided by the law OF
the State in which he lives, yet i he
is appointed Notwithstanding his ineli-
gibility, every act Of his as judge is
just as valid us if he had been eligible.
He may be turned ont upon quo war
ranto, bnt until that is done his act is
valid, and can there be an exception
found to this ruIe7 Ho knew of none.
III applying it to electors, we apply
simple we'll settled rule of law, and
how absurd it would be to overturn
that rule in case where discovery
is made after the vote is cast, when it
is past rene dy, that an elector was in.
eligible and strike out his vote.
If the commission had decided that,
tt would have ove1ru|ed a we'll settled
principle Of law. Who, six months
ago, contended for any such principle
as that? This tribunal decided that
you could not enter into proof and
contradict the returns made by the
proper returning officers of the State
-those appointed by the State to de-
eide aud to declare who had been cleo
ted. 1t seemed to him that if any
principle Of constitutional law was
claimed, that must he that the consti-
tntion gives to each house the right to
Judge Of the election returns and quail
fcations of It's members.
II it were not for that provision of
the constitution, each house could not
do that, aud if a senatorial election
were contested it would have to be by
the legislature of the State that sends
the senator here; but that power has
been given to CHI house, and it was
not given in regard to electors. 1t is
that the Il 40 houses have the
same power IN regard to electors that
the houses have in regard to their
members. The answer is, the power
was not given. If the trainers
Of tho constitution had INTENDED to
give that. power they would have
said so.
To iii TIE ,istence of so great ,
power is To overrule every principle of
in regard to the constitu
|i"n, that was adopted in the very be-
to give To Congress the power
to judge of the I'll, elton returns; legis-
lative to absorb the executive, and to
place the coutrol of an election of
president absolutely in the power OF
the two Houses; wu know that was not
intended. We know, if anything is
clear, it was intended to make the |
election of a president independent Of
Congress.
The constitution says: The certifi-
Gates shall be opened by the president
of the Senate in the presence of the
two Houses. Whether he is to count
the votes, or whether the two Houses
are to count the votes, and to assume
under this law the two Houses are to
do it, or in certain cases this electoral
commission, what can they do : They
have but one duty co perform, and that
is to ascertain that these certificates
came from the electors of the State.
When that is done the vote shall then
be counted. They must ascertain the
fact whether they came from the cleo
tors of the State, and when they have
ascertained that their duty is at end.
There is no time; there is no place to
try any question of ineligibility, and
how are we to know that the certifi
Gates came from the electors of the
State7
In the first place, the act of Congress
provides that prima facie evidence is
the governors's certificate, but that is
not conclusive; that is the result of an
act of Congress. Congress may re.
peal that act, as it may provide by
another to go behind it, but when you
60 behind that, aud come the action of
the officers Of the State, there your in
qairy is at an end. Whenever the Of
fice,s appointed by State to declare
who have been chosen electors have
acted, and made that declaration, it is
final, SO far &C Congress is concerned.
The action of the State officers is the