New-York tribune., 1877-01-03
ties entirely prohibiting al bets direct, indirect upon
the result OF any election


time in the twenty-five elections which have been held
for President and sdent Of the United states,
the result remains subject OF controversy after the can
of the within the States has been made and
announced The houses OF Congress have been here
tO0rc repeatedly required 10 pass upon the authehlTy
and validity Of electO yOte but In no former instance
has The election turned upon he questionaho votes In
every former case has been determined by
electoral votes which were not IN controversy Ia the
prose-. instance one cannu c ioi H lin mil Gn
canhlhlto for Nce-PTesident nave ItccVcu - uhus
putcd electoral VOTES. Another clud1ate for President
and another candidate for NicePresdent have received
l6j undspu,ed electoral votes All tho voles ol thre9
rtatcs-OuF FlOi Ida cigt IN Louisiana, ana seven Ia
south Carolina, mahnS neleen ID ai,ro G sun y, ~ u,1 III
pute also one OF the three yoleS OF OREGON. IA an
these sets OF returns have been TRANSMITTED
t0 the sCat OF government directed TO the President O
the Senate 10 await thc acIOn OF lhe tNo hOts,s ..
Congress whose duiy II is toveriy ascertain ana count
In situation involving such momeuous results as the
chief magstrcy Of this republic all the baser as vel aS
the prize. II Is in such crises Of history hat the
controlling force Of cardinal principles Is liable to be
prcccdcnts established sacred traditions violated ad
the most important buwarks OF constitutional freedom
rendered less secure.
I'm Louisiana we have State government imposed
on tc prOplc by the military force Of be fd raj EXccu
which order Itself void. and which ted to the rc~g
nation of the judge who made to escape Impeachment
We have seen the government thus Imposed by military
force condemned aS Illegal and mere uslrphton Dy
bon houses of Congress, and the electoral votes given
under auspices rejected IN the counting OF the PIes-
dental votes IN SO by the concurrent judgment 0f me
same tribunal. We have seen the sovernmen, 50 i'm,
posed "a returning board" practically vested
with absolute power to revise and, if they p e, 10 le-
verse the results of the election by toe people Of the
state, and thus organize political mechanism under
which Olgdrchy in temporary pos-cssi" 81 the Iegis
latNe p0Wcr of state might perpetaio theif ascend
cncy indefinitely.
POWERS OF RETURNING BOARDS.
pause here IN this statement ntepOse in behalf Of
the people this great commonwealth, solemn denial
OF the power OF any state Government Of the Federal
Government to vest such powers are claimed by the
Louisiana Returning Board in any canvaas!nS board
Whatever.
In de place. such poTers in respect to the choice
of Presidential electors not warranted by but are le-
ugnant to the Constitution or The United STATES, THc
provision Of St ctOn Of Article IL. Of that instrument
that each State shall appoint in such manner ~ tue
Icei.la!Ire thereof may direct. lis Presidential electors
DOES not confer the Legislature of state an IN,
limited power over the snDjcct. No one VIII pretend
thar I. temporary majority IN the Legislature 0 state
could grant to an individual or 70 - of individuals ne
power 10 appoint initial elec'orS--ha II could
make TINS grant for period OF years OF Indefinitely or
20 his OT their heirs OF assigns.
What ii cannot do in it cannot do IN substance;
it do directly IL cannot do mdntcly. lhe
choice winch Legislature is an horizcd To make or
state IN the mode 0f appointing Presidential ccc'os's Is
mItrd SELECTION between certain hl DWh l"fhS
action. gniZcd IN the rictc" OF popular govern
nent, and consistent with the nature oi popular govern
ment. Ii choice OF uGdes but must not change or
dcs roy the c>.cHal character OF the thins tseH II -
subject 10 the condition that 1.-THE state snail appoint
the Presidential electors. The STATE thai 10 tue political
community huOWu IN our Juu-pIldencr anu coIiSuld-
tional law BY that name, mus appoint ana IN COM COM
80 IT must by and through itS known ana r1ghtiul
AT tue time TINS PROVISION Oi te fedetd Con
sttutOn was adopted, 1t was contemplated lhat INC
Legislature Of STATE possessing ali the governmental
powers Withdrawn by hc provisions ol the STATE Con
sttuOn transferred 10 the Government o me choh,
might choose the elections AMI, indeed that was
Site LEGISLATURE M mat time was regarded the most
natural and the Ie-ttmlte organ Of the state TIe
pow er 10 Presidential electors might properly oe
conferred anon tine people OF the state by general
ticket the voters Throughout the state choosing ali the
electors: they might be chosen ny the people OF the
st,tn Voting il districts each district choosing one
ccct1r. These methods COnsonant with the prin
ciplcs Of system III government, ana by either ot
which could be properly SAID tha the State Gd III iact
an ttIl "A L IL
II i, historically certain that these different modes
"CIv u" ,I ,'G xUricnci,l, some d tticGIty
however. imposing this ANY upon all the : tes ~
any one uniform system, 1t deyolyed upon the Lceisla
lure oi each State TIE authority 10 choose from among
these methods the cA-ICi," or that power when
II ,rnpIrd IN declaring thar each STATE shall appoint"
Wuilc the L. g.sture vi STATE may provide that Pres
idcutI electors sa De app0ntcd ~ an election Ot the
pcnpe Il cannot provide that thc election small not be
realty that It shall nc sham, and that the actual
power of determining the choice ~hdi De invested IA
packed committee, whether IL De cdilcd Il returning
%itber can II invest Loald OF canvassers with in
definite with arbitrary powers, 0r"li any authority
winch, Jy the principles ana practice ot our Jurl-Pid
dcnce and the policy Of our elective sysein are not
fairly incident To the function ot asceralhE thc Nole OF
ne prfr. rnis 10 De the obvious, the wise
Interpolation O the Constitution OF the United states
aud Of laws. Ally other doctrine VIII oyrA t.c way
10 abuses frauds, and usllaIioh WhcL must ehd ~
destroying popular elections. Inc moment We "eput
nom >iIct construction OF grams oi pow! III u' 'E
ton integrity ana efficiency o he cioCVc ~ Sttn
rights Ut tue people We snl tempt fascht Maoilues
t. sr,A To pIoiong thOr power by tamieih- Win hc
and most ,loctual method Tor suc purpose Is DS thG
,utriyuc of returning boards, which shall be PACKED
ana equipped with D0Wcrs hitherto unhnO"h TO our Avs
aAd practically sub'tTNlFt Ol 'hc VIII ol 'u' oit.
Ia ur Uiieuar case ui Louisiana, other equally grave
nIret!ts are believed 10 exist The poWeiS vested III
Returning Board are INCONSISTENT win t!e pfoNlon
in tir Con, ttuOn OF thdt St&c Whth stStiihtetS e
elective franchise 10 voters anu also wiz '"c provision
Irh coltes lie judicial power upon ne cOuts Ii -
pi.plc thar the powers OF ms board ~ Ihe Ia" Ol
louisiana, do apply 10 PItsldcHtIdl t'cl"!s; that
H. buuId scif wa, not constituted n accordance with
thc law under which 10 was created; dt many th1l
condition wuhOut which thc iieturmng Board cond not
get jurisdiction III me Cases "iu'tc !, W 49,
Vl,. or NAOe stIlcs. was NOT cOnpHcu NIJ!' IHe4S
= every reason believe that the authority exercised
uy tuat Retaining Board is VOID, ~ rryghtht To ue
1n,u Jn ot the United States dnd also 30 the COnstI'
tuiion and laws "a Louisiana.
In t. state 0 the law, that returning board, accord
in tn public stdtcmcntSOl conceded idcIS d! htIri
lions ol tie returns. have changed mDol'y 'Gt one ,l
of Presidential electors Of about 5000 10 mHOIty Tor
another set o about 1000, NnIc, would Do efnFaGut 10
change $4,000 votes ia the Siate oi lorh'
I'm FLORIDA We have seen board OF State CAM kasseI>,
so!rnny aatIdge by the highest court in the state 10
Nv 10 reverse the chJcc OF electors as SHOWN on ' Lace
o the made by the Oihctls no ooi'tgt i"c
cctIons and received che votes; ana TO 10 iis IN open
dsobcdicnce ANA contempt Oi the Judicial iflnundl
having jurisdiction il such matters, ana NtSeu Win Ae
ri In ~ .r !" r"nuI we have seen the Board state Can
va,srrs ijIcatmg canvass ~ lh. "i,o "a nee nee ai @
ruueuu oi the supreme Court having jurisdiction anu
tnr IgaG oI final JuSnent; We nave seen trral SOL
drry take possession CE the Sdpoi .. tie o'v' ,ii
co,IuIl M door determining VINO We're tc 'cCt "l
the people and VINO were 10 De pc!Iuill'u 10
them legislators. Notwithstanding aonc o. 'r'I n'ts
have Dee Il lisayowed by me Federal ENecutF, no MARI
oi d.sapVrObdOu has been put upon 'ht t','oa' i t %
outrags: the officer i'll command goes sun uuicpuhtu,
and nen the Returning Board we're cOniiteh 20 prison.
Tor contempt. by the highest court III tc oiatc, 3dsc
"a, in nitrd states District CUurt Is sent d"h 10 S"dth
lurulla and without jurisdiction IN the case, ElnAts
Nj nf inbras corpus, and Discharges Tie OhCndc,.
,s nr,c.diugs are the extraordinary ana alarm
in, wien We consider that such NOIaoiS o l" ahd
t rrt nave been fysOrted OycTurn elections, All
the Irs conducting which were Of the same pUiiichl
artY with the candidates ia whose FAVOR these c!s nave
h, cnuln;,d; lIat the eli tcuUnS were held under the
sryrlnct Of troops of tEo United states, without ANY
ouai warrant Tor tIcr presence, and tAii the
nn decisions thS set at naUght cauhOt be 5GSprttcd
t nv ar..n Dras for they were rendered both Flor