The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-12
THE FLORIDA DECISION.

COmmlsslOn anu COnBreSS uuNo uuthOiity W
disregard the certificate, go back to the de-
termination of the canvassers, and give eff
feet to Its finding rather than to the execu
tive certificate. The force of this dis
tinction may be seen and felt when the
Oregon case is reached for there the can
wasting board-the secretary of state-de-
termined that Watts had received a major
ity of the votes; but the governor disre-
garded this determination, assumed to de-
eide that Watts was ineligible, and issued
certificate to Cronin.
The decision, then, Is, that the determi-
nation of state board OF canvassers can
not be questioned or impeached, but is f.
nal and conclusive as to the facts. In this
Florida case, q canvass Of the votes was
made and the canvassers determined that
the Hayes electors were appointed by some
nine hundred majority. The supreme court
of Florida, the highest court of the state,
has decided that the canvass was not made
in accordance with the laws of the state.
General Francis G. Barlow, a pronounced
republican who witnessed the count at the
request of the president, says that the can
vassers were probably honest, but were
mistaken as to the result. The canvassers,
themselves, on new canvass, made by
order of the court, came to different re-
suit from this final and conclusive one. A
Florida court has decided that the Hayes
electors, as a matter of fact, did not re-
legislature of Florida has, by law, declared
that these electors were not duly and legal
ly elected, but that others were 30 elected
by majority of the legal votes actually
cast. And, finally, three senators and four
representatives, on their responsibilities as
such, have declared that the determination
of the canvassers and the executive certifi-
cate issued thereon, were false and fraudu-
lent, and were corruptly procured In pur-
suance of conspiracy.
These courts, legislatures, canvassers,
senators, representatives and gentlemen
may all be mistaken-and we surely trust
they are-but this commission says that
conceding all that is charged to be true (;
that the finding of majority of the votes
for the Hayes electors, and the executive
certificate forwarded thereon, to be false,
fraudulent and the result of corrupt con-
spiracy and that majority of the legal
votes were actually cast for the Tilden
electors, yet the four votes of Florida
must be counted for Hayes, that there is
no power in congress or the commission to
question such false, fraudulent, corrupt
determination, and, if such should be the
result, president and vice. president are
legally elected by fraud and conspiracy
In other words, that if the county clerks
of the several counties in Vermont had
fraudulently and corruptly transferred the
Hayes votes to Tilden, the five votes of
Vermont must be counted for Tilden and
congress, or the county, cannot help itself.
We will not question the correctness of the
law. 1t may be good law under the con-
stitution and existing legislation, but the
country ought not to suffer such law to re-
main good great while.
But the commission did not stop here.
1t goes further and says, that any act of
the legislature or courts cannot be received
as evidence in determining whom the state
had appointed as electors after the day the
electors gave in their votes. That is to
say, that the determination of the board of
canvassers is final and conclusive, and can
not be impeached or questioned either by
congress or by the state. For IL it cannot
be questioned after the day the electors
gave in their votes, it cannot be questioned
at all. 1t will be remembered that in
Florida, as also in Louisiana and Oregon,
the determination of the state canvassers
was not reached until the morning of the
day on which they gave in their votes, or,
at the earliest, late in the evening OF the
previous day 30 that there was no time in
which an inquiry could be instituted by the
courts, the governor, or anybody else,
until after they had given in their votes.
Under existing laws, in this state, the
county clerks may daily with their canvass
until the time for the meeting of the elect
ors is at hand, so that if they desired to
carry out fraud, the people would be
remediless. In states where existing laws
do not permit of it--and we do not now
recall any-it would be simple thing to
guard against any interference of the courts
by postponing the time Of canvass to the
eve, or morning, of the day on which the
electors are required by law to meet and
| give in their votes.
Because the laws of the United States
required thst the electoral vote should be
cast on the first Wednesday in December,
both colleges of electors in Florida met on
that day and gave in their votes; but this
commission declares that this makes nc
| difference, and that the vote of the college
which did not hold the executive certificate
founded upon the determination of the
state canvassers was absolutely void, even
If they were legally elected and were count
ed out in pursuance of corrupt conspira-
cy. Such is the law relative to electors of
president and vice president of the United
States, for 30 this electoral commission
by strict party vote, and majority of
one-has declared it, and there is no appeal
from its decision; but we venture to say
that 1t is not law in reference to any other
officer from United States senator down to
a school district collector. Even James
Madison, the Trainer of the constitution
and once president of the United States,