The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1877-03-13
Tuesday. March Is. ls77.
THE PRESIDENTIAL FRAUD.
LET no HOUR PASS IN WHICH
THE UsURPATIoN IS FOR
GOTTEN.
Address to the People by the National
Democratic Committee.
concluded.

was 10 count the electoral votes of the
states including Florida and Louisiana
With view of facilitating the count and
providing for the peaceful performance OF
its duty by congress, bill was passed
creating an electoral commission. BY that
law the commission was to ascertain the
true and lawful vote Of every state. In
this labor it was to exercise, as to the
reading,of evidence and examination OF
papers, such POWER as congress, or either
house of congress, possessed. 10 the
belief that evidence would be heard, and
that settlement of the disputed question
of facts would be fairly reached the cong
ress and the people accepted the commits
sion. How that confidence has been
disappointed, how decision has been made
hased upon a refusal to consider the un
fortunate question of dispute, is we'll
known TO the country. When certificates
from Florida and Louisiana were opened
and submitted to the two houses, objections
were.f filed to them, presented by Hayes's
electors. Among other grounds Of objec-
ton it was urged that these certificates
had been fraudlently and corruptly issued
by the returning boards and the executives
of these states, and as a result of the con
spiracy between them and the electors
claiming to have been chosen, that such
certificates had been issued in
violation of the laws of the res
pective states, and that some of the
electors named therein were ineligible by
express provision of the constitution OF
the United States. When these objections
were made to the consideration before the
commission, proof was offered to the
commission to sustain them. The COM
mission, by a vote of to z, refused to
receive the testimony offered, except as to
the ineligibility as to single member in
Florida.
1t was voted in the case of Louisiana
that the commission would not hear evil
deuce to show that the returning board
was an unconstitutional body; that it was
not organized as the law requires at the
time the vote was canvassed; that it had
no jurisdiction to canvass the electoral
vote; that the charges of riot, intimida-
ton and violence we're false, and that the
returning board knew that fact; that GER
ti6cates were corruptly and fraudulently
issued and as a result of the conspiracy,
and that the vote of the state had never
been compiled or canvassed.
The same rulings substantially were
made as in the case of Florida.
The commission also refused to hear
proof that at the time Of the election in
South Carolina anarchy prevailed, des-
troying the Republican form of govern
ment in that state, and that troops were
retained there in violation of the consul.
ton TO interfere with the free choice by
electors so that the lawful vote of the state
could not be known.
Against these decisions We protest most
earnestly in the name of free and repub-
lcan government. ln the first place they
struck fatal blow at the constitutional
powers Of the two houses to count the
electoral vote. This power has been ex
ercised by both houses without dispute
from the foundation of the government.
That evidence should be reached in the
case Of contested return seems clear
The principle has been maintained by the
ablest statesmen the country has pro
duced. Notably in the case of Louisiana
in 1869 and 1873. Such evidently was
the view OF both houses at the present
session. The investigating committees
were sent TO Florida. South Carolina and
Louisiana to take testimony and report as
to the elections in these states. 1t is
difficult to see upon what principles this
view can be based. The duty Of congress
enactment of the vote to be counted.
This again makes the determination Of
what is the true vote. and this distinguish
ing of the false from the true, thus re-
quiring Of evidence. The forms of law
expressing the fact cannot be made unless
evicence be admitted, for If fraud pos
sess the court how can the success Of
falsehood be prevented if either jury be
no IF ha mis-
sion disables congress from performing
certain constitutional duty.
In the second place this decision multi
fies an article of the constitution In
section /, article Al, it is provided But
no senator or representative, or person
holding an office or trust of profit under
the United States shall be appointed an
elctor." Ii the states choose electors who
are ineligible, how can this provision be
made effectual? The state by its action
has refused to repeal it. Manifestly it
eau then only be forced by a power
authorized to pass upon the vote which
the state has returned. Congress, then,
in counting the vote must determine who
are and who are not eligible electors,
facts which can only be ascertained by
evidence dLiunde, Any other doctrine
abrogates the previous construction and
in effect substitutes the following: Sena-
tors, representatives, and all persons
holding offices OF trust or profit under the
United States may be appointed electors.
In the third place. the doctrine ignores
all precedents and rules of morals in ex
Guiding evidence of fraud submitted
Nothing can stand which is !tarnished by
fraud. 1t vitiates everything; il annuls
every deed, cancels every obligation, an.
nuls every contract, reveTses every judg.
ment. Every tribunal, however organized,
is bound to regard every fraudulent trans
action as nullity, however it may come
before it, whether directly in q dependent
proceeding or colaterally.
The decision of the highest tribunal If
procured through fraud should be treated
as of no effect by the humblest court in
the land. As said by distinguished
writer: 1T matters lOt whether the iudg-
ment impugued has beeh pronounced by
au inferior or by the highest court of the
land but in all cases alike it is competent
for every court, whether inferior or supe-
rior, to trent as nullity any judgment
that can be clearly shown TO have been
obtained by manifest fraud" Ii remained
Tor this commission to dictate that there
were certain tribunals which could peI pet
uate trand with impunity and that there
was one court which could not lay its hands
upon fraud when brought before it for re
view. Those exceptional tribunals were
the returning boards of Florida aud Louis
lana. That exceptional court is the cleo.
toral commission. Fraud has found an
entrenohment from which it cannot be
driven IN contest making the choice of
the highest officer of the greatest of re.