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

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tribunal, If procured through fraud
should be treated - of no effect by the
huinblest Court in the land. AS said
by distinguished writer: "It mat.
ters not whether the judgment i'm
pngned has been pronounced by an
Inferior or by the highest Court of the
land but in all cases alike it is COM
petent for every Court, whether in
ferior or superior, to treat as nullity
| any Judgment that can be clearly
shown to have been obtained by mani
fest fraud" 1t remained for thisC Com
mission to declare that there were GER
tain tribunals which could perpetrate
fraud with lmpunity, and that there
was one Court which could not lay its
hands upon fraud when brought be-
fore it for review. Those exceptional
tribunals were the Returning Bords of
Florida and Louisiana. That excep.
tional Court is the Electoral Commis-
sion. Fraud has found an intrench-
ment from which it can not be driven
in . contest, making choice of tho
highest officer of the greatest Of Re-
publics. A doctrine more corrupting
in it's consequences, more destructive
aofthe purity of election, and more
threatening to the perpetuity of free
government, could not easily be sue-
gested.i aa'l4 issele.s=- tie-ttt ~
y 1t 10 thought TO justify this decision
by an appeal to State sovereignty. The
argument is that as the States choose
theirElectors in their sovereign eapac-
ity, their decision ca not be reversed
by any other authority. This propo-
sition pushes to its furthest limit the
doctrine of States rights. The theory
of the most advanced advocates of that
school was only that the States were
sovereign. A. to reserved powers
over thom which were not delegated.
it was conceded that the Constitution
was supreme. The power to choose
Electors would not have existed ex-
cept for the Constitution. 1t was,
therefore, a delegated power. The
Legislature of the State chooses Elec-
tors by virtue of Constitutional pro-
vision. It is duty to be performed
by the State while in the Union. 1t
can not perform it before admission,
nor after the Union is disputed. Can
it be possible that there is no power
in the Union to determine how the
duty has been performed, and whether
in compliance with the Constitutional
provision? TO assert this doctrine is
to assert the absolute independence of
the States, to deny the supremacy of
the Constitution. and to leave the
United States powerless against fraud
or violence of States which may force
. President upon the people.
The power to review the action of
the Electoral College seems, necessa-
rily. to be derived from the nature of
. confederated government. II one
party to the compact possesses pow
er as to its subject matter superior to
the power delegated by agreement,
the compact inevitably fails; for it is
impossible for confederacy 10 exist
unless the Jurisdiction of its indiyidu-
al members as TO powers committed
to the confederation is subordinated
to the larger jurisdiction of the latter.
II, for example, as in this case, one
State can exercise it's functions as to
electing President in violation of the
Constitution, without any power in
the Union TO reverse its action, then a
Constitution was unnecessary for the
of powers, and the nation
may be governed in violation of the
very instrument which created it. But
whatever the power of Congress as to
authority over the vote of Electors, it
is certain that it is not bound to treat
as valid fraudulent certificates. 1t
matters not how Obsolute the sover-
eighty under which fraud is Perpe-
trated, it can not receive protection
nor be granted recognition. If there
be Tribunal to which the certificates
are submitted, it is bound TO treat
them 20 worthless. The certificates
were charged to be fraudulent. The
Commission, il it counted them, gave
them validity. 1t failed in its duty to
hear facts to prevent the success of
fraud, even though the certificates
came from a sovereignty q hundred
fold greater than Louisiana and Flori-
da. l--
By these methods, under forms pre-.
scribed by the law constituting the
Electoral Commission, Rutherford b.
Hayes has been declared President of
the United States. His title rests up
on the Acknowledgement of lawful vot-
err, the false certificates of Returning
Officers, acting corruptly, and the de-
cision Of Commission which has re-
fused to hear evidence of alleged fraud.
For the first time are theAmerican peo-
pie confronted with the fact of aPresi.
dent fraudulently elected. His inau.
zuration will be peaceful, and in that
hour the most infamous conspiracy of
III history will receive its crown. In
The exciting days just past, the for
bearance of the people has maintained
The peace. Letit not, however, from
his be understood that the fraud to
be consummated March 4th will be
silently acquiesced in by the country.
Let no hour pass in which the usurpa-
lion is forgotten. Let agitation be
that at every opportunity
the people may express their abhor-
renee of the outrage. Let want of
be voted at every election
in Mr.. II, B. Hayes and his Admins.
trstion. Both must be controlled by
the conspiratOrs. who have elected the