The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1877-01-19
Senator UIdlI0ce'S Position.

The following tersely stated propositions
are those which Mr. Wallace affirmed in
his recent great speech on the electoral
question and which lie enforced by cogent
reasoning and the citation of high authority:
Pesolsed That the special committee on
counting The electoral vote be instructed 10
inquire autl report To the Senate upon the
following propositions
l. Electors of president of the United
States are Il part of tue machinery of the
federal government.
r. The mower TO appoint them is III the
states, to I've exercised under the restrictions
and guarantees of the federal constitution.
III. The power to ascertain who has been
elected president and vice president of The
United States by counting the electoral voIe
is a quasi judicial one, and carries with IL
the right to inquire and decide what are
votes.
" This power is in the two houses act
ing concurrentlv as independents bodies.
V Each house may examine both facts
and law to enable it To determine these
questions:
l. Are the returns of the electoral college
before them the true returnS'
q Were the votes therein shown to be cast
given bv those appointed by the state TO the
office Of eector of president of the United
States?
g. Was the appointment of electors made
and were the votes cast in accordance with
the provisions and guarantees of the federal
constitution?
vi. The certificate and seal of the execu-
tive authority of the state made under the
act of Congress is Jrilnu fdcie proof of the
appointment of an elecIor by the state. This
mode of proof may be overihrown by the
decision of the highest judicial tribunal of
The proper state or of the United States, Or
il may he coutradicted 10y evidence of plain
mistake or palpable fraud.
VII. When two returns come from state
the two houses acting concurrcnily must ie
termiue which Is the true return.
VIII. No electoral vote can he counted
without the concurrence of both houses.
One of the finest passages of the speech
is the answer to Sherman's assertion that
the returning board of Louisiana is court
with judicial powers aud authority. Mr..
Wallace said
The board itself is untitled hv the very
character of it's composition to give an i'm
partial hearing or just Judgment. The end
the law seeks TO attain may be a just and
proper one, hut in seeking it great funda-
mental rights are destroyed.
mo freeman shall he taken or imprisoned, or
dssciIed OF his freehold or liberties free
customs. or be ouflawed or exiIed, or any 9TH
condemn him hut by luwfu Judgment OF his
peers or 10y the law OF the land"
These rights are as broad as our country
They go with our race into every CLINE.
possible than in New York. Freemen can
not be disseized of their liberties, nor CON
demned but by the claw Of the land "The
law of the land is not a statute of Louisiana
Tepugnaut 10 the Theory of law everywhere.
Citizens Of the United States in every local
ity affected by this statute now. Its
ccution affects us all. Vested by law with
conclusive power, this returning board
''ths court of the last rcsott''-swteps ont of
existence ten thousand ballots and decides
the presidential election. Neither the stat
nte nor the board gives to an elrctor of the
United States, chosen by majority, the
right to contest for his place. The laws Of
Louisiana utterly deny this ris,it, NJ for
nal petition or con. ,raiht, with n specific
detail OF the wrongs committed noplaintiff
complainant ar accuser IL permitted TO tread
the portals of This court; no answer under
oath or i'm writing by defendant or accused
is demanded +; no notice 10 those chosen by
the majority to- appear and answer no com
pulsOry process for the attendance of wit
nesses no power to punish for contempt
no right of appeal as to matter of fact 40
exception for review of errors in law is given
to this court whose DEGREES and eflicts are
fraught with consequences so momentous TO
the American people. Such tribunal is no
court. IL is a judicial monstrosity. 1t can
give no Law full hearing. lis DEGREES are not
binding. It's judgments are not tinaI. It's
construction aud powers violate every con
ception of a court place where justice is
iudicially administered which We entertain
a. n people. 1t grasps onr rights aud des-
troys them without a hearing.