The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-03-10

} power. The Legislature of the State choose
electors by virtue of the constitutional provs
J lon. u is duty TO be performed by TIL
|, state while in the union. 1t cannot perform
before admission, nor after the union dispu
ted. Can it be possible that there is no powe
in the union 10 determine how the duty has
been performed, and whether in compliance
with constitutional proyision2 To assert thi,
doctrine is to declare the absolute indepen
dence of the states, TO deny the supremacy Of
the constitution and to leave the United
States powerless against the fraud or violence
OF the included States, which may force a
President upon the people. The power to
review the action Of electoral colleges seems
necessarily to be derived from the nature of
a eonfederated government If one party to
| the compact possesses power as to its sub
/ Ject matter superior to the power created by
! the agreement, the compact inevitably fails,
| for it is impossible for confederacy TO exist
unless the Jurisdiction of its individual mem.
| bers as to powers committed TO the confeder-
alton is subordinated to the larger Jurisdiction
of the latter. 1t is, for example, as in this
case. One State can exercise its functions as
to electing President in violation Of the con.
stltution without any power in the union to
reverse its action. Then q constitution was
unnecessary for the delegation ofpowers, and
the nation may be governed in violation of
the very instrument which created II. But,
whatever the power Of Congress as TO the au,
thority over the vote Of electors, it is certain
that it is not bound 10 treat as valid fraudu-
lent certificate. II matter not how absolute
the sovereignty under which fraud is per
petrated, u cannot receive protection nor be
granted recognition. If there be tribunal
Ia bipb the .l....t - "a /.
bound TO treat them as worthless. The Ger.
tlicates were charged to be fraudulent The
Commission, If it counted them, gave them
validity. 1t was its duty to hear the facts to
prevent the success of fraud even though the
certificates came from sovereignty hun.
drediold greater than Louisiana or Florida.
BY these methods, under the forms pre-
scribed by the law constituting the Electoral
Commission, Rutherford b. Hayes has been
declared President Of the United States. His
title rests upon the disfranchisement of lawful
voters. The false certificates Of the returning
officers acting corruptly with the decision OF
Commission which has refused to hear evil
dence OF alleged fraud, for the first time are
the American people confronted with the fact
Of President fraudulently elected. His in
auguration will be peaceful, and in that hour
the most Infamous conspiracy Of all history
will receive its crown. In the excited days
just passed the forbearance Of the people has
maintained the peace. Let it not, however,
from this be understood that the fraud to be
consummated March will be silently acqui-
esced in-by the country. Let no hour pass
IN which the usurp. iOn is forgotten. Let
agitation be unceasing, that at every oppor.
tunity the people may express their abhor.
renee Of the outrage. Let want of confidence
be voted at evey election in Mr.. Hayes and
his administration. Both must be controlled
by the eonspirators who have elected the one
and will organize the other, and whatever Of
good may come from either will always be
darkened by the stain upon their title. Let
the Democratic party at cnce organize for
the new contests to secure overwhelming vic.
tories, that conspirators may never again at
tempt the experiment which now huiniliates
the republic, and has installed in its highest
oihce an usurpGr.
Frank II. Hurd, of Ohio.
Randall l.. Gibson, of Louisiana.
Josiah G. Abbott, Of Massachusetts
Ohio 4, Singleton, of Mississippi.
William P. Lynde, Of Wisconsin.