, 1877-03-17

the following: Senator'S, Representatives and
all persons holding flee of trus, or profit
under the United States, may be appointed
electors. The doctrine ignores all precedent.
and rules OF morals, in excluding the eyi
dence of fraud submitted nothing can stand
which Is tarnished by fraud it vitiats,
everything; it annuls every deed cancels
/ every levy; annuls every contract; reverse.
every Judgment. Every tribunal, however,
! organized, is bound to regard every fragdu-
4 lent transaction, however If may come before
il, whether directly, an independent proceed
/ ing, or eollatteraily. The decision of the
highest tribunal, if procured through fraud,
! should be treated as of no effect by the hum.
/ blest court in the land. As said by a dis
tinguished writer, il matters not whether the
/ jud gment impugned has been pronounced by
an inferior court or by the highest court of
the land but Ia all cases alike 1t is c0mpe-
tent for every court, whether interior OF su-
perior, 10 treat as Il nullIty any Judgment
that can be clearly shown to have been OBJ
tained by manifest fraud. II remained for
this commission to declare that there were
certain tribunals which could perpetrate
fraud with impunity, aud that there was
one court which could not lay its hands upon
fraud when brought before it for review.
These exceptions Uf the tribunals were the
returning boards of Florida and LOuisian4,
and that exceptional court Is the electoral
commission Fraud has found az entrench-
ment, from which it cannot be driven IN the
contest of making choice Of the highest
officers OF the greatest Of republic
It's sought to Justify this decision by an ap-
peal to State sovereignty. The argument l.
that as States choose their electors IN their
sovereign csPacity, their decision cannot be
reversed by any other authority. This pro-
position pushes to lis furthest limit the doe
triue of St=te rights. The theory of the
most advanced advocates Of that school was
only that the States were sovereign as to
power over them which was not delegated. II
was conceded that The constitution was su-
prene- The power 10 choose electors vould
not have existed but for the constitution. 1t
was therefore delegated power. The lfg-
isiature of the State choose electors by v.r
tue of the constitutional provision Ii Is Il
duty to be performed by q State while IN the
Union. Il cannot perform II before admis-
sion, nor after the Union Is disrupted Can
it be possible, that there Is no power IN the
Union to determine how the du.y has been
performed, and whether in compliance with
the constitutional provision? To as ert til s
doctrine Is to declare the absolute indepeuC-
euce of Tie States, to deny the supremacy OF
the constitution, and 10 leave the United
States pOWer!ess against fraud or violence of
the State which may fo.ce President upon
IL, l.. h.. -
of the electoral college seems necessarily to
be derived fro m tho nature Of confederate
government. Ii one party to the compact
has power rs to its subject matter superior to
the power created by the argument, the com
pact fails; for 1t is impossible for cOnfeCe'acy
10 exist. unless the jurisdiction of H. indlS'd
uai uera hprs "a ,n-tha p"u IT cOnInll'eu 10
appoint be subject to the larger jurisdiction
Fox example, iu this case. il one State can ex-
erciSe It's fuuc!ioLs as 10 electlng President
in violation uf the constitution. without any
power in the Union TO revise Its action, then
the constitution was necessary Tor deieSa-
tion Of powers, aud the nation may be gov
erned in violation Of the very instrument
which created 1t.
But whatever the power Of Congress as to
authority over the votes of electors, 1t Is Ger
tain that it is not bound to treat as valid ii
fraudulent certificate. 1t matters not how
absolute the sovereignty under which the
fraud Is perpetrated, 1t cannot receive protee-
tiou nor be granted recognition lI evidence
TO impeach certificates Is submitted, II Is
bound TO treat them worthless The com
mission, If 1t counted them, gave them
validity. II was is duty TO hear the iacts
aud to prevent the success OF fraud, even
though certificates came from a sovereignty
a hundred fold greater than louisiana and
Florida By these methods, under The torms
prescribed by the law constituting the cleo
ioral commission, Rutherford B. Hayes has
been declared President Of the United States,
His title rests upon disfranchisemeut OF law
ful States, false certificates OF returning OF
ficers acting corruptly, and the decision Oh
the commission which has refused to hea- ev-
iience of alleged fraud. For the frst time
are the American people confronted with the
fact of President fruudulently elected. His
inauguration will be peaceful, and IN that
hour the most infamous conspiracy OF all his
tory will receive its crown. In the exciting
DAYS past the forbesrsnce OF the people has
maintained peace. Let il not, however, from
this be- understood that the frand 10 be con
-ummated March 4tb, Will be silently ae-
quiesced in by the country Let no hour
pass in which the usurpation IL forgotten
Let agitation be unoeasing, that at every op-
portunity the people may express Their so-
borrence of the outrage. Le, want OF con-
fidence be voted at every election, IN Ar'
Hsyes and his administration. Both must be
controlled By eonspirators, who have elected
the one and will organize the other; and
whatever OF good may come from either, will
alwsy. De darkened by stain upon the utle.
Let the democratic party at once organize for
new contests to secure overwhelming victories
that oonspirators may never again attempt
the experiment which now humliitates the
rennblic. and has installed in its highest offlce
an rsnrper-
RAEnALL l. gibson, OF louisiana
J1sItH u. ABE1Tr OF Massachusetts,.