The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1877-03-15

POuOOOS t0tluA GO u0vO OCOAA S4oOAA
and prostration has seized upon nearl
every interest in the land. When thi
excitement was at its height Congress
assembled. One of its duties was Il
count the Electoral votes Of the Stat Z
including Florida and Louisiana
With the view of facilitating The coun
and providing for the peaceful per
formance of its duty by Congress, .
bill was passed creating an Electora
Commission. By that law the Com.
mission was to ascertain the true and
lawful vote of every State, In this
labor it was to exercise, as to the hear
ing of evidence and the examination
of papers. such power as Congress, OF
either House of Congress, possessed.
In the belief that evidence would be
heard, and that a settlement of the
disputed question of facts would be
fairly reached, the Congress and the
people have accepted the Commission.
How that confidence has been disap-
pointed, how decision has been made
based upon q refusal TO consider the
unfortunate question of dispute, is
well known to the country,
When the certificates from Florida
and Louisiana were opened and sub.
mitted to the two Houses, objections
were. filed to those presented by the
HayesElectors. Among other grounds
Of objection it was urged that these
certificates had been fraudulently and
corruptly issued by the Returning
Boards and Executives Of these States
and As q result of conspiracy between
them and the Electors claiming to
have been chosen; that such certifi-
Gates had been issued in violation OF
the laws of the respective States, and
that some ofthe Electors named there
in were ineligible by express provis-
ion of the Constitution of the United
States. When these objections were
under consideration before the Com
mission proof was offered to the Com.
mission to sustain them. The Com
mission by a vote of to refused to
receive the testimony offered, except
as to ineligibility as to single mem
ber in Florida.
, 1t was voted in the case Of Louisiana
that the Commission would not have
evidence to show that the Returning
Board was an unconstitutional body !;
that itlwas not organized as the law re-
Quires at the time the vote was can.
vassed that il had no Jurisdiction to
canvass the Electoral vote; that the
charges of riot, intimidation and vio-
lence were false, and the Returning
Board knew that fact that the certih-
Gates were corruptly and fraudulently
issued, and as reeult OF conspiracy,
and that the vote ct the State has new
er been compiled or canvassed. The
same rulings, substantially, were made
in the case of Florida. The Commis-
sion also refused to hear proof that at
the time of the election in South Car.
olina anarchy prevailed, destroying =
form of Government in
that State, and that troops were re.
tanned there in violation of the Consti-
tuition to interfere with a free choice
by election, SO that the lawful vote of
the State could be known.
Against these decisions We protest
most earnestly, in the name OF free
and republican Government. In the
first place, they struck a fatal blow al
the constitutional powers of the two
Houses to count the Electoral vote.
This power has been exercised by both
Houses without dispute from the
Of the Government. That
evidence should be reached in cases Of
returns seems clear. The
principle has been maintained by the
ablest statesmen the country has pro-
duced. 1t was 8 practice confined to
principle in several successive elec-
tions, notably in the case Of Louisiana
in 1869 aud 1873. Such, evidently.
was the view of both Houses at the
present session. The investigating
were sent to Florida,
South Carolina and Louisiana to take
testimony and report as to the elec-
tions in those States.
1t is difficult to see upon what prin-
ciple this view can be based. The du.
ty of Congrcss is 10 count the vote.
This makes the enactment of q vote to
be counted. This, again, makes the
of what are the true
votes, and this distinguishing Of the
false from the true requires evidence.
Forms Of law, expressing the fact, can
not be made unless evidence be adj
mitted for, if fraud possess the count,
how can the success of faleehood be
prevented If either jury be denied ?
The action of the Commission disables
Congress from performing q certain
duty. In the second
place, this decision nulIifles an article
of the Constitution. In Section l, Ar
ticle Al, it it provided: "Dut no Sena-
tor or Representative, or person hold.
ing all office Of trust or profit under
The United States, shall be, appointed
IN Elector." 1t States choose Electors
" no are ineligible how can this pro-
VISION be made effectual? The State
by its action has refused to repeal it.
it can then only be enfOrc-
ed by power authorized to pass upon
the vote which the State has returned
to Congress. Then, in counting the
vote, it must determine who arc and
who are not eligible electors-facts
which can only be ascertained by evi.
dence aliunde. Any other doctrine
abrogates the previous construction
and, in effect, substitutes the follow