Daily Kennebec journal., 1877-02-22
Mr.. Morton on the Louisiana Case.


Morton made the following clear and convincing
remarks:
MIR Morton of Tndiara said the statutes Of Louis
lana creating the Returti ing Board lreyi ell ex-
press terms hat majority of the number should
constitute quorum To do business and make the
returns. TIE beard to consist OF h pc sons,
10 be elected by the Scsate. Three of that lum
b, by the express terms of the 1T we're qioIum
to do business. There were four in number upon
the Board. one more than M jority. The elec-
toral commissioner had decided The Board was
prt peily coustituted ou the other hand, 1t was
ars ucd that the EXIST nee OF single vacancy des-
troyed the Board. The Commission said not,
upon the very hest settl. principles of law.
The con uiion piOvi Is that the Senate shall
consist OF two Senators Fl IN zach State, vet va
cAnces from half dozen states will not destroy
the legal character OF this Senate. The law rro-
VI ies that The Supieme Colrt shall consit Of
certain number of judges, but two or thl ee va
Cauces will OF destroy the legal cha acier Of the
Supemo Coutt So he could run through the law
in legard to corporations and special Tribunals.
There were sptclsi conn issIOns created f,r sue
cifc u inis oiial poses. Sometimes the law lie
ouir,d that the commission should b. full TO ens-
bic ii TO pcrft rm ACT, but hele the law creating
this tribunal guards agaiIs st that by specially pro-
viding that a majority OF The members shall CO u
sliIute a quorum, aud II thee be such majority
present, i makes 10 difference ftom ~hstscause
there are abs, ees, whether there are vacancies,
or whether the members are wlltuly ats Mt; #
thee be majority present the law is complied
with.
Now in regard to the eligibility of electors.
The COMMISSION decided that 1t was not c0npe-
tent to Prove that ceIts u electors were Ineligible
on the 7lh November, the day Of election. They
de eide d that upon two grounds: FIRST, because IN
any point of view the proof would be immaterlal,
because the substance of the constitutiun-the
spiiit and meaning Of it's that the electors shall
be eligible when they to vote, and not at the
time when they are elected. Certain persons are
inelig BILE to be members of this Senate. Sena-
tor must have certain qualifications IT he has
them when the time comes to he sworn in that is
enough. 1t is immsterIal whether he has them
on the day of his election. That is well settled.
But the Commission decl6td that the proof was
imma,eral upon other grounds ii II were con-
ceded that an elecor was ineligible upon The day
he Noted. can that fact be proven to sulke out his
votei If il can, it is overurning the very best
settled phi cip.es of law. man may be lneligl-
be 10 seal IN this body be may not be thirty
years old, hv hsy he undtr the disablIles oil The
l4th amendment; but ii he comes heie, nj is
sworn IN aud takes his seat, he may sfterwaid be
TUNED cut upon lrooi OF the feet But every
vote hat ht ca.is has the same validity with the
vote OF every other Senator.
a nan may be inehgll lie 10 he appointed judge
uLder The l4ih amt ndmebt, OF for want of aye. or
from any csus. provided b, the law of the State
il which he lives. Yet, il he is appointed, not
wlihstanding his inehgiblliy, every act OF his as
judge is just valid as II lie had been eligible.
lie may bt tuii ed out upon quo l0drrdnto, but
ultiI that is done hi, act il valid, AID there be
an exception tuuud TO this rule lie knew of
none. In Sing il to the electors we apply
simple, well seuled rule OF law, and how absurd
il would e to oNertuin that rule III "A case where
q discovery is made ait, a vote is cast, when il is
IBst II medy, that an eltctor was 10, igiblt, ard
strike cut bis vote. l. the Commission had d.cld-
ed that il would have OyetIultd a well settled
~ il ciple OF law. Who, six IN, nth- ago. con-
/, ldt d ior any such principle as that This Tri-
hunAl d. c deu that you could not euter proof to
conu sdict the returns by the proper returning
officer Of the State To decide and ut Glaze who has
been elected. 1t set med To hun that II any pun
tple Of constitutional law was ain, that must be.
The cOrstnutlCn gives TO each house the right to
Judge Of the elections, rtnlns ard qualifications
vi it, memi Ii it were not Tor that provision
of the Constitution, "a, house uld not DO that
ard Il Il Senatorial eieciun were contested it
would have to be by the legislature of the State
that sends the st nator here. But that puwer has
been gwen to each house, al d 1t was not given IN
regard 10 electors
1t is claim, d hat the two houses have the same
power ID iegaId 10 electors that the houses have
III Iegald to tbti IL members. The answer il the
power was Lot gwen Ii the trainers Of the Con-
siilutlop bad intended TO give that power they
would have said so. To infer the existence OF so
grt NJ power Is TO ovtrule every principle of
con,ituct on in regard to the Constiuli, N that
was adopted in the veiy beginning TO give to Con
gress lie pow er 10 judge Of The election returns,
and qualifications Ui eli ciors Is for the lvgls atve
10 sboih the executive and 10 Place the contiol f
an tcton OF President absolutely in power of
tn. twu uses. We know that was not lnte ndeG.
We know that ii ANY thing was clear, we int, nded
TO make The elec ion OF a Presldei independent
OF tongiess. The Constitution says that the GER
tIfcale shall be opened by The President of tine
Senate in tie presence OF the two houses. Wheth-
er he is TO count the votes, or whether the two
houses are 10 count the woes, and assume under
this lam the two houses are TO do 1t, Tor in ceitain
cases this El' cioral Commissiob) what can they
doi They have but duiy TO perform, and that
is, to ascertain that these certificates come from
the electois of the Stale. When that is done the
vote shall then be counted They must ascertain
the fact whe her they come from The electors Of
State, and when they have ascerlained that, their
duty i, at ca end. Ihue is 10 time. there is no
place TO Try any question of neliglhiiiry, and how
are We 10 knew that the cert icates come from
the electors OF the State In lhe first place the
act of Congress provides that priDd fdcie evil
deuce is The Governors certificate. But that is
not conc lusve; that is the result of OF Con
grtss. Congress may repeal that act or it may
provide by hno her To 90 behind il but when You
go behind that and come t" the action of the otf
cers Of the Satc there your Inquiry is at an end.
Whenever The Off ers apr oInted by State to de-
are who have been chosen electors have acted
and made that declaration il is final 20 far Con-
gle,s is concerned. The action of The State otf-
ceis is the act of the State.