Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-13

the whole scheme of a Commission TO decide
the Presidency as unconstitutional, ana, 10 use MS
own words "ihe greatest farce OF modern tunes.
The constitution he thinks, gives IN the clearest
terms either to Congress or 10 the President OF
the Senate The did not express an opinion which,
the right to count the Electoral votes aud declare
the result but II does not give Congress the
right TO delegate this power to any outside party
or parties whatever, and any attempt 10 do so Is,
in bis opinion, direct violation of The Cohsu'u-
ton, or an unauthorized evasion of duty eN-
pressly imposed by It. As TO the power OF ooh-
gress, or of the Commission created by H. TO 90
behind the properly authenticated Electoral Vote
OF State, he Is equally positive and emphatic 10
his opinion that il has no such power Ia aliud-
ing to the case Of Louisiana. he took THIS poslloh
The Constitution gives to every Stale exclusive
control over the manner of electlns OF appoludnS
Presidential Electors. II Louisiana mas seen IL
to create Returning Board invested with authof-
v to declare who Is elected to office IN that state,
and such Returning Board has acted IN pursuance
of law, there Is no power IN Congress or ~ any
other body outside Louisiana to 90 behind ms &c
ton. alt makes difference whether 10 your
opinion or mine" said he, "ihe board has done
right or wrong. Congress cannot 90 behind IL
without annulllng right expressly guaranteed 10
the state by the Constitution, and practically put
ting end to all elections. In illustrating thls
10 his democratic listeners the Chief Justice said
suppose that in the Presidential election OF 1865
Gov, Seymour had got enough Electoral votes, IN
addition 10 those OF his own State, to make hun
President. The republican party of this STATE
charged the grossest frauds against the democrats
IN that election; they even claimed, and stilI
claim, that the frauds of sufficient magnitude
to turn the scale in favor of the democrats IN this
State Their party controlled both houses oi Con-
gress and with New York for Seymour he would
he elected, without 1t General Grant would
be Now suppose under these circumstances the
republicans had prevailed upon Congress TO 90 be
hind the Electoral vote. certified and uaus-
mitted from tins State, and to investigate the al
legged frsuds in the election here. Suppose that
in this investigation they became convinced that
Grant actually carried the State by majority of
legal votes, and, acting on this conviction, had
given the Electoral vote 10 Grant instead of Sey-
mour. What would the democratic party have
done Why it would have been an end OF PIesi-
dental elections IN the state of New York"
The Chief Justice expressed great surprise that
democrats, for the sake of gaining a temporary
advantage, should be found willing TO renouncc
the old-tme democratic doctrine of the rights of
the States as guaranteed by the Constitution.
1--WE had better, sand he, stick to the Consttu-
ton and laws. If, in SO doing We 90 down As
nation, there may be possibility of resurrection,
but if we 20 down, violating all Constitutions and
laws, there cLn never be resurrection"
The discussion turning upon the Oregon
case, Judge Church gave his views substantially
As follows: lie said that, as he understood the
case, the Governor of Oregon had given certif-
Gates to two republican electors and one demo
cratic elect0r. With reference 10 the democratic
elector, Cronin, lie had right, according to the
decisions OF the courts of this State to ce.thcate
at all, because Of his having received the next
highest number OF votes But waving that, and
granting the Governors right TO give HIM
certificate, after the certificates were given the
functions and duties of the Governor of Oregon
ended. 1t now remains for the Commission to in
quire what those three persons having the certf-
Gates actually did. Ii appears that the two repub
lcans met to cast their eecte raj votes and, Gro
min being absent, they proceeded to fill av acancy.
Cronin, on the other hand met by himself, and,
the republicans being absent. he proceeded 10 fill
two vacancies. "Now," said the Chief Justice,
there cannot be any question as TO which of
these two Electoral Colleges will have its votes
recognized. Had Cronia remained with his two
his vote for Tilden, the case might have been
is where he slipped.
The Chief Justice did not assume to express
any body's views but his own on any Of the ques-
tions that arose in the discussion, bat those who
profess to know. say thai, with the possible eX-
ccption of Judge Earle every member Of the
Court of Appeals holds substantially the same
views on the legal and constitutional questions in
volyed.
1t may be stated in this connection that eX-Gov.
Seymour has expressed the opinion that the dem
ocrats in Congress, "madc great mistake" in urg-
ing the Electoral Commission His reasons for
this opinion are not, like Judge Church's based
on constitutional grounds, but are rather those of
politician. He says that the democratic party,
by consenting to the Commission and advocating
it, have closed their months in case the decision
goes against them, and Will have no grievance"
with which 10 90 to the country four years hence.