Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-09-06
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certifying officer Of the Legislature in the cases
supposed, would be decisive evidence of the ap
pointment of electors IN the manner directed b,
the Legislature; ana would be final and conclu
sive upon congress, or any other tribunal emp0w.
cred to count and declare the electoral vote MOI
would the effect of this be changed, If by the law
Of State the canvassing officers were authorized
IN counting the votes, to reject such as in their
judgment had been fraudulently cast, or those
cast M town or district where, by reason OF
fraud, violence, intimidation. or murder, fair
election had not been held The power of egs-
lature to confer such authority cannot be doubted
and the choice of electors uninfuenced by fraud,
violence Intimidation OF murder, seems an apprO-
pirate and just method of securing their appoint
ment.
Attention has already been called to the diverse
opinions entertained upon the subject of the pow
er TO count the electoral vote. In devolving this
power upon the Commission, no limitations could
be agreed upon. The Act provided that 1t should
proceed to consider the certificates votes and pa
psfs submitted, with the same powers, II anu,
now possessed for that purpose by the two Houses
acting separately or together, and by ma iority of
votes decide whether any and what votes from
such State are the votes provided for by the Con-
stitution of the United States. and how many and
what persons were duly appointed electors in such
State; and may therein take into view such petit
tons, dispositions, and other papers, II any, as
shall by the Constitution and now existing law
be competent and pertinent in such consideration"
No specified jurisdiction was, By the terms Of
the Act conferred upon the Commission. Ii was
empowered 10 count the electoral vote in the
cases and subject to the conditions specified, If
power so TO do was possessed by either or both
Houses Of Congress but unless one OF both might
lawfully exercise it, the Commission could not.
Of what could il take jurisdiction! What
could it do Only this. Where more than one
return or paper purportng to be the certificate OF
electoral votes had been received by the Presi-
dent of the Senate, the Commission was to deter
mine which contained the true and lawful electoral
vote of the State from which such returns or
certificates had been received. 1t could exercise
no authority in violation of the Constitution, and
hence could not interrupt or change the manner
of appointing electors by the State. 1t could
only ascertain and declare who had been chosen
in the manner prescribed by lis Legislature.
Take, by way Of illustration, the case OF Louisi-
ana. Its Legislature had directed that five per-
sons should be the Returning Officers for all cleo
tions in the State, majority of whom should
constitute quorum. and have that power. They
were TO meet in New Orleans, receive from the
Commissioners of Election the statements by them
made of the votes cast at the various polls through
out the State, canvas and compile the same in
duplicate, one copy OF which they were to file
with the Secretary of State, and of the other to
make public proclamation by printing in the
official journal and other newspapers, in which
they were To declare the names of all persons and
officers voted for, the number of votes for each
person. and the names of persons duly and law
July elected. The returns of elections thus
made and promulgated were declared to be evil
dence in all courts of justice and before all civil
officers OF the right OF any person named therein
to hold and exercise the Office 10 which by such
turn he sods declared elected.
The power Of the Legislature to pass such a
law cannot be doubted. Its validity and the con-
elusive effect due to the action of the Returning
Board thus constituted have been passed upon by
the Supreme Court of Louisiana, the highest
Judicial tribunal OF that State, in the following
terms
mo statute comforting upon the courts the pow
er to try causes OF contested elections OF title to
Office authorizes them TO revise the action of the
Returning Board. If we were to assume that
perogative, we should have TO 90 stl further, and
revise the returns Of supervisors of elections,
examine the rights of voters to vote; and, in
short the courts would become in regard to such
cases mere officers for counting, compiling, and
reporting election returns. The Legislature has
seen proper 10 lodge the p0er TO deeide uh0 has or
Who has not been elected an tie Returning Board"
The question before the Commission was not,
had the American people right to elect their
chief magistrate, not what was the vote for cleo
tors ut the polls either of Florida or Louisiana
for in both States substantially the same Return
ing Boards existed, but who were appointed
electors by those States and by the State of Ore
gon in such manner as their Legislatures had Oh
rccted. A State acts and speaks through its Off
GERS duly constituted; and the canvas and declaIa
ton by the Returning Boards Of Louisiana and
Florida and by the Secretary of STATE Of Oregon
were the acts and declarations of those States.
They could thus, and only thus, manifest their.
will to appoint electors and those declared 70 be
such, by Returning Boards or Officers having ex-
elusive power so to do, were appointed by those
States in the manner directed by their Legislatures
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