Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1877-08-04

'IWT-U n TTTVTft IHV TaUI IIIHI IIF TIaN = III
ants were not duly, appointed. aud had no
title to the Office of electors. It'd not inyaliuate
tnr act, PREVIOUSLY done hy them white rnrE
;hcy %usIrprl. 1hcrr i Il just aud necessary
rule Of law which declares that the validity of
1 1%iS 5SS" Il" the %""T ttl ny 6 an % %'iiSsr i he holds pIs
the "hice. You may remove i sherIh
by Il quo p0rranio without destroying
thr titles Of all who purchased land at his
sales, "r II judge without Yachting his de
crees. OF Il treasurer without saying that his
payment of Il public debt Is not satisfaction; but
where a person assumes IL special ;tntlortS 10
do u particular thing the validity OF The act does
depend on the authority To 10 Il. this latter
rule applies here. These electors claimed n
right 10 vote tor the State under Il special ap-
poIntment gwen them 10 do that one act. When
Il competent court adJudIcated As matter OF Tact
that the Hayes electors hal no appointment. il
was Il logica! and legal necessity which declared
the Unauthorized votes 10 hr null and VOID. II this
were not the principle, then any impostor. or
any number OF lmpostors, might send up theli
ballots, and one would he As good Us another.
But again, let II not be forgotten that the I'll
den electors hui also voted nj the same time in
the same way. Why dut not this fact make rs
nuch weight Tor them as for the others Ii vii!
excite the wonder OF the world 10 learn thar. III
The opinion al the light. u person who voted
u"der an appointment gwen him 10y the pe"pt"
according 10 law could not be even II de Tacto
Sir,t"I, Dut another pers III who had nothing IL
claim ny except tile Ihl-e, fIauiuIeDt, ma void
declaration vi 81 returning Board WAS good de
Jdct", II Il" was GOOD I"r nothing else. This
doctrine OF uc IactD sancjIt alton. saving ACTS
winch have no other relish OF salvation IN
thrIn, and making the woes OF unauthorized
nirn ~ good as Al they came from persons duty
appointed. cuts Il great figure throughout The
whole Ease. 1t Is not applicable. but the light
apply II everywhere, aud. strange TO say. they
never Use Ii " wien !; does not maze in tuNUr oil
som" fraud or ntlrI onC VINO NutU= according
10 the pubic viii ui the state i,EAiIy rNprr- ed
through tie hatl"t-noAts Il de jHcto nothing
But Al he WAS ,irirIt.t or iut Il -lsir, lie l. "s
TactO all lie Want 10 hr. rur OF tue haSes
electors IN Louisiana W. t t-irrai "hiceI ms
election wa iolb!iden u. tur Constitution OF the
United IAte-, AMI Lr WIS NOT r!,ct,l hnt.ntuIt II
III the poll de j"'to -trainr'! IL utmost power
nn lnIu, and iutIvd lIui through IA pIlr OI Con
sutmtton ana people Doth But has Democratic
competitor. VINO itit acted Is MI clcctDl III The
-a!ur va. AMI 10 The HILc rNtetit. wM= legally
chosen ~ an over nrlnl!iz u.tynriis. aud con
| -t.tutlUnaIlN rI!&ihlr. therefore dr j.Icf1 could
1t" %u"Ih4.s Tor hin'-
IT. al ,nc discussions at The aubyrct the men
di=i1sri /" !aN"r ihr conspiracy irulr>Sr'i Il
MOL pr"iuuud Srurrtrt"I Iur Tie forms al
brirln- 10y the iI-iI,H. committee, .ni II IS
hear! IN every sub riuvut argument OF c"nu-v!
an,i commissioner on that SIDE. II seemed 1" hr
understood tnrnng them ihaI i formal cheat
Ms perfectly safe from exposure. II iilr
srruIclrr Wa whii-i ou HE outside. II made no
difference that 1t WAS filled with corruption.
dead mems huur~. and All uuclranaess NJ
rrius' ~ lies could ur swept away. II" hiding
place Of iaI~thn"ri Cuu!i ever br nnCuH"iri. II II
wa hHil! IN thr prescribed TORN. ''h!N CIV II
The ivGaI >taInc .Ir't iIr ,NuluuWihS ScoilS -
would br turned Aside" i:Ht legal form, however
valuable" ~ - covering iur iraIii, "a-, IN '!ivil
Judgment. a." protection i"r truth "r justice nr
public I!-nt. ihc VIII "I Louisiana MAS pro
H~unce't . The election win al III" >"leinnIIlrs
required 10y Ihr itw ct the state and ui the
| nilc'l -iitv-. !ic appointment OF the lIih"h
r."ct"rs "n t"' .tt "i November WA, = perfect
legal pee. ui work, jAeIr WIS not n naw III itr
r,cOri OF II - II cnuHc from the hands OF the
appointed power. HUt 1t WI looked ON With
perfect contempt Neither TIE Visiting ON
iI.t;rc MOI iilc .IaEcs counsel nor the eight ON
utl>-lUnrre bestowed IN II any "t tncir love.
lucIT ali.CtiOE> were otherwise engaged: they
gave The Homage ami devotion III then hearts to
tue beautiful lG-Ui ANY, tile INpll-ltS PRECISION ,
wIlu which III" Returning Board compounded
lis false certificate.
To be noted. lhey declare repeatedly that they
hIv" no power L" ty acouttsfed election case, ana
tor that reason thy wUUld not look at the cvi-
dcnCe which showed what persons were duly
appointed elcctur, hy the people. Now mark
The case WAS this. Each ui those votes chIne
accompanied By what was asserted to be proof
That II WAS cast by electors duly appointed. iuC
conflict WAS 10 he determined by The verify ing
pUNer which Congress, unguc>tiuuabiy has, and
which tie Commissioners expressly assumed
when they .wore thtt they would ucclie VINO
We're iu!y appointed. To decide 1t one way or
The other required! precisely tho same lurlsdic-
ton, anu called INTO exercise exactly the same
faculties. Yet they heed tnat II they decided ac-
rUr,i!ns Ia the truth III favor OF The electors ac-
iH..ily appointed, tncy wOuli be trying ac0nie-t-
.7i circti"ni but II they decided IN favor OF The
rr"trn':'rs, who hIt nothing but i fraudulent
certificate, tn,y w"ul not be l yins l contested
e~iecIson; IN other words, their jurisdiction Was
Ian aud ample to decide II falsely, but wholly
unequal :" the duty OF deciding II truly
perhaps nothing shows more plainly the dht-
anus OF the eI.II commissioners tt.iu the deter
lilnat!On Ihry made uIr"u tn CASE "l brewster,
ineligible "IcctOf IN Louisiana h-"p III miuI
that iheIr dr iiur'l 'luiy Wis 10 ,ircIir Who were
tull api "insrl, and what N"tc, Mere provided
Ior Oy Tie { constitution. amt think how hey per
lOInIrd II IA This IjdfL q! Hi C,sr Brew sIer Wa
not only defeated II tn polls likr the rest; he
vas br>Itico 4 l,':'fil unr'r- holder, ami the tom
,titulIvh expressly 't"Tl.Ii 49, that HU such person
shall br appointed An eirctOr. But tor the pur-
pose oi rlecItng Mir. lilyrs has vote WAS Worth -
fIIIIn "A = 4 Ff.s GIItt- Ia ."f tft4T I4F IL r1.tF
candidate they were required 10 go further than
tuvA went fr any of he resi-, and 70 They trli.
J lhat the certificate OF The Returning Board
Vas propr'o r'Jore an "pI"iHt'tcnt :. That
II VA q d"" appointment, though corrupt and
,iIan9ue;t. ,. iiIt this was i vote ProUided
for b. th- Constitution. though the Constitution
ia plain words proriied aGninst 1t.
Alter ali, there wa7 but one question before
the ~C"mmi-=i"n Hal the AInrrlran people a
right 10 eject their own rh!ci Magistrate ? They
had the right Their ancestors struggled Tor II
long, fought tor II often, ami Won 1t flIrly. Be
i,Hs Innchi"d IN their Constitution, 1t cannot ne
destroyed except by i force strong enough L"
overthrow the organic structure OF the govern
rhrnt Itself. Legislative -nactmenls OF judicial
decisions are pOvrrIlr>5 rliher to strength hen or
impair il. The legged, main OF law-crair, the
c.'lcI:e7 Of -?ccia! pleading, the =uApp-r:iioe- Of
practice. Ip not help u= To d-cId" II matt r Ike
Una. A great Haliun must not b. impalei upon
Il pms point. lrrrritnt- which might bind Il
L"tETtoI Quarter session t"terminIHg M settle
IH"nt nt Il pIup-r "anD"I te up tic haHl- OF the
supreme L'Ei-lituIe t"irhting II fundamental
iIght al the whole reopi". When rrcnyille. IN
Loo. cit,.I HE authority nT diver, cases To show
tn-t America might be taE'rI without reITe-en-
tItiDn, Pm answered II come not here armed
- alt points, with the -l1tut. book doubled
d,wn in dogs ears to defend tre cause OF libcIty
! can ~acKnOwieige 40 vrueraliDn Tor any proCe-
DUR law, az ordinance, that - Ierugnunt to
rei on amt the iiT-t princIpl-- of our Constitu-
tI'I r"lnIc" that America hA, resisted o. -
=p"E- the ';ctiaHt trend Of our race ia The pies
eat" ul II hu-fi!" Parliament ten years before
II" declaration al Independence. And now, at
ter TINS long InterVa! OF time, W ir"ii"ld our
g'"hi"-t riEhf,-thc right On which All Oth-I
TIEhi- DEPEND, necessarily Is1aIlri in oar own
'"nErr=s with the 4mF mat! weapons that 'rcn-
VIlic used. II hrnt' fore" had crushed It tout, we
BAT To =" II "IrcrInysu!et hy knayery AMI r-ttI-
logged to death, Is i",. much to he endured IIb
any show at latIenC"
1t the majority OF that Commission .Duld buf
have realized their responsibility 10 cod and
man, II they could only have undersigned that IN
t tree country liberty amt law are ins"phrahlr,
they would have h.-n enrolled among our great
ct beh"Iaci"f~, for they would have added
.tr'nEth and grandeur to our Institutions But
tii"S could mol COM uD 10 the i,ri!ht Ui the great
subject. Party passion 50 henumh-'t th"iT lac
H!tl"7 that Il !uiiaInrntIl night ~-"me'i nothing
10 them when II came IN conflict with some ar
guinrlt supported by ARTIFICIAL rea-nnInE and
drawn from til" SUPPOSED iuiIogirs Of technical
procedure. Tie Constitution was in their
Judgment OItw eIgiIrt 10y IL VuII statute and The
action of 4 C"rrupt Returning Board.
ct thesr Things lie remembered uy Our shit
if"n , children. and II The friends Of free gov
'ihih+nt shall ever again have such i contest,
lei Them take care how they leave ii decision of
II to Il Tribunal Ike that which beiraye ed In. Ma
ton by "nthr"ning the Gr""t Fraud OF l-1G.