The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1877-02-24
VOL. XXIV. NO. 2S

N"uSfcs VI whether mem btrr are " al
fully absent IL there De n majority
present, the law is complied with IL
regard to the eligibility of electors tn,
commission decided that IL was no
competent to prove that certain cleo
ton were ineligible on the 9Th Of No
vember, the day OF the election. The,
decided that upon two grounds-first
because In any point of view the proc
would be immsterisl, because the sub
stance Of the Constitution, the spirit
aud meaning of il is that the elector.
shall be eligible when they come TO act,
not at the time hen they are elected
Certain persons are ineligible to bs
members of tins Senate, and a Senator
must have certain qualifications IL he
has them when the time comes to bs
sworn in that is enough. IL Is imma.
terial whether he has them on the ,isy
OF his election, and that is well set.
tied. But the commission decided thai
the proof was imm Material upon other
grounds-if 1t were conceded that an
elector was eligible upon the day be
votes, can that fact be proved to strike
out his vote? Ii it can it is overthrow-
ing the very best social principles OF
law. A man may be ineligible to q seat
he may not be thirty years old, he
may be under the disabilities of the
fourteenth amendment, but il he
comes here and is sworn, aud takes
his seat, he may afterwards be turned
out upon proof Of the fact; but every
vote that he casts has the same valid
ity with the vote of every other sena-
tor. A man may be ineligible to be
appointed q judge under the four
teenth amendment, or for want of age,
or from any cause provided by the law
of the State in which he lives. Yet il
he is appointed, Notwithstanding his
ineiigibility, every act of his as Judge
lie as just and valid as if he had been
eligible. He may be turned out upon
a quo warranto, but until that is done,
his acts are valid. And can there be
an exception found to this rule? He
knew of none. In applying IL to eiec-
tors. We apply simple, well settled
rule of law; and how absurd il would
be to overturn that rule in a case where
a discovery is made after the vote is
cast, when II Is past remedy. That an
| elector WAS ineligible and tol strike
out his vote, IL the commission had de-
cided that, it would have overruled 9
well settled principle of law. Who,
six months ago, contended for any
such principle AS that? This tribunal
decided that you could not offer 1t in
proof, and contradict the returns made
by the proper returning officers of th,
State, those appointed by the State &c
decide and to declare who hac
been elected. II seemed to him tha
II any principle of constitutional lav
was claimed that must be constitution
al which gives TO each House the righ
to judge Of the election returns Ans
| qualifications of its members. If 4
were not for that provision of the con
stitution each House couldn't do that
and IL Senatorial election were con
tested IL would have to be by the legis
lsture Of the State that sends the Sen
ator here, but that power has beei
given TO each House and IL was no
given in regard 20 electors. IL
claimed that the two Houses have tn,
same power In regard to electors tina
the Houses have in regard TO thei
members. The answer is that tn
power was not given. If the framer
Of the constitution had intended q
give that power they would have sal
81. To infer the existence of so greA
power Is TO overrule every principle O
construction in regard 10 the cons;itu
tion that was adopted in the very be
ginning. TO give Congress the power Z
judge Of the election returns, legisla
tive power to absorb the executive an
to place the control Of an election O
president absolutely in the power G
both Houses. We know that was no
intended. We know, IL anything
clear, IL was intended to make tb
election Of President Independent Q
Congress. The constitution ssys tn
certificate shall be opened by tn
president Of the Senate In the pre-,
ence Of the two houses. Whethef d
Z Is to count the votes or whether th
two houses are to count them, Is nc
plain, and 1t can be assumed under th
law that the two houses are to do 4
or In certain cases, an electoral cou
mission. What can they do? But on
duty is TO perform, and that is to asce
, tain that these certificates came fro,
. the electors Of the State, and whe
that is done the vote shall then /
counted. They must ascertain the "a.
whether they came from the electoi
. OF the State, and when they have a
/ certained that their duty Is at an en-.
r There Ii no time, there Is no place
try the question of ineligibility, al
how are We TO know that the certii
] cate came from the elector of m
! 'laAc- Al tf4c htct Riecrt the ncl
q congress provides that primA facia ey
dence In the governors certificate, b,
: that is not conclusive. That IL. N
result OF an act Of congress may reps
> that act, as il may provide by anoth,
: 10 go behind IL, but when you go b
hind that and come to the action
the o6iceu Of the state, there your \
3 Iuiry is 1t an end. Whenever the q
: fieers appointed by q State TO decln
- who have been chosen eiectors. ha,
acted and made the declaration, the
action u final 30 far q congress
+ concerned, and that action of the STA
q officers is the act Of the State.
a Mr.. Bayard, OF Delaware, said a.
!. member OF the electoral commissls
" he had given all that he could give
. earnest study, patient labor and dev
e ton TO secure . just execution of II
m law under which he vas appointe
His LAHORE and his efforts hsd be,
crowned by failures, and deep vas
q sorrow and poignant was his diss
s- pointment. He mourned his failu
1. for his country's sake, for IL seemed
him that not only did the decision
y the eight members OF the commis-i
70 level In the dust all the essential "a
'. guArds thrown aroand the electi
m OF chief magistrate. but IL annouuc
TO the people OF this land that tru
and justice, honesty and moraii
. were NO longer the esssutial basis
le their political power.
AP SIormnnfs ro~oluffr,. .r.- 9. -.