Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1877-03-17


had no Jurisdiction 10 canvass The
electoral vote; that charges Of rio,
aud intimidation were false; that the
returning board knew the fact that
the certificates were corruptly aud
fraudulsntly issued; and as the 70.
suit OF conspiracy; and that the
vote OF the State had never been
compiled or canvasssd. The same
rulings were Substantially made In
the case Of Florida. Congress is
enfheeiQazt - pass upon the vote
which u 0lats has returned. Con.
gress, then, in counting the vote,
must determine who ara aud Who are
not eligible electors; facts which can
only be ascsrtainsd by evidence ai.
iunde. Any other doctrine ahrogaie.
the provision Of tho Constitution.
and in effect and substance establishes
the following: Senators. Rsprssssia.
tvss. and oil persons holding a0les=
OF trust and so6t under the uuits,i
States may be appointed electors
The doctrine ignores all rules anl
precedents Of morals, In excluding
the evidence OF fraud submitssd,
nothing can stand that 10 tarnialsI
by fraud; IL vitiates everything, II
annuls every deed: cancels every
levy; annuls every contract, revsr~es
every judgment. Every tribunal.
however organised. IL bouni to 70.
sPect every fraudulent transaction.
however IL may come before u,
whether directly an independent pro.
ceeding, or collaterally The 40.
cision Of the highest tribunal, u pro.
curedthrough fraud. should ts treated
as il no effect by the humblest cout,
in the land. AZ said by q di.iin.
guishsd writer. IL matters not whether
the judgment impugued ha. been
pronounced by an inferior court or
BY the highest court In the land,
but in all cases alike il 10 compsseat
for every court, whether inferior of
superior. TO treat ~ n nullity any
judgment that can 10 clearly shown
to have been obtained by manifest
fraud. II remained for this commits.
sion to dec are that there were Ger.
tain tribunals which could perpetsats
fraud with impunity. aud that there
was one court which could noe lay
its hands upon fraud when brought
before it for review. These excep.
tiOns Of the tribunals were the 70.
turning boards Of Florida ani Louis.
lana, and that exceptional court is
the electoral commission. Fraud has
found an intrenchmsnt, from which
it cannot be driven In the contest for
making choice Of the highest oflicsr
of the greatest republics. II IL so,ssh,
to justify this decision by aa appeal
to State sovereignty. The argument
is that ~ States choose their electors
in their sovereign capacity, their de-
cision cannot I've reversed by any
other authority. This proposition
pushes to its furthest limit the doc.
trine OF State Rights. The theory of
the most advanced advocates Of that
school was only that tho State. were
sovereign as to power over them
which vas not delegated. u was
conceded that the Constitutios vas
supreme. The power 10 chooss
electors would not have existed but
for the Constitution. II was there.
fore . delegated power. The Legs
laturepf the State choose electors by
virtue Of the Constitutional provision. |
1t is Q duty 10 10 performed by the
State while in the Union, II cannot
perform II before adlnissioa. nor
after the Union is disrupted. Can u
hs possible that there IL no power In
the Union 10 determine how the duty
has been performed. and whether In
compliance with the Conslitutional
provision? To assert this doctrine
il to declare the absolute indepsnd.
eucs Of tho States, 10 dsny the sa.
premacy Of the Constitution. aud 10
leave the United States powsrlsss
against fraud or violence Of the Bs~ss
which may force . President upon
the people. The power 10 review the
action Of the electoral colleges seems
necessarily 10 b derived from the no.
ture Of q confederate govsrnmsnt.
II one party to the compact has power
as to its subject matter superior 10
the power created by tho argument,
the coppact fails; for IL 10 impossible
for coniedsracy 10 exist. unless the
jurisdiction Of its individual mem
bsrs ~ to the power, committed 10
appoint be subject 10 the larger
jurisdiction. For example. in this
case, il one State can exercise its
functions ~ 10 elscting Q President
in violation OF tho Constitution.
without any power iu tho unica 10
revise its action, then tho Constita-
ton was necessary for q dels9atiea
of powers. and the nation may bs
governed in violation of the very
instrument which created u. bat
whatever the power of Congrsse ~
to authority over the votes Of sSeo.
tors, il 10 certain that u 10 not boasd
TO treat n valid q fraudulent certi0.