Nebraska advertiser., 1877-02-01
Hou.s Of Representatiyes small be era.

House of Representatives shall be gra-
ciously pleased to accord them. Ger
tainly, one of the plainest and most
fundamental Of the rights of State
is the right to take part in a Presiden-
tial election. If a State has not the
right to a voice in such a proceeding,
IL Is difficult to conceive of any pro-
ceediDgs in which it would be allowed
10 possess any voice. Yet Mr.. Knots
resolution, If adopted. will commit
the House of Representatives to the
doctrine that it has an arbitrary and
irresponsible control over this right,
and that right of State to vote is at
all times and under all circumstances,
subject to the paramount right of Con-
gress to throw out its vote. Had such
doctrine been enunciated at any
other time or by any other authority
say. for instance. by a Republican
plstfOrm-every hair on the unwashed
head of Democracy would have risen
and stood up with horror and indigna-
tion, and the least consequence that
we would have been threatened with
would have been the total destruction
and annihiIation of our republican
institutions.
1t is to be hoped that Democracy
will remember this resolution at
another time. when the doctrine con-
tanned In 1t may be identified with the
welfare of the nation and not with
temporary party advantage. In the
meanwhile, we would like to remark
that the right of a State to cast its
Electoral vote for President does not,
and can not, depend on any authority
1t receives from Congress. Congress
may determine in the case of two con-
tested votes which one is the real vote
and which Is the sham vote, but II it
has any such authority it has it only
by implication. It is nowhere directly
authorized to determine such ques-
tions, and its authority to so deter
mine is merely derived from it's auth
ority to count, and must be construed
very strictly. Under no circum-
stances could it be construed to mean
that a State had not voted when its
Electoral vote, properly attested by
the Governor, was before the House.
Yet Mr.. Knott's resolution means
nothing if it does not mean that a
States Electoral vote is valid, not be-
cause the State has given it, but be-
cause the House has accepted it. and
that the House is an irresponsible Re-
turning Board in the matter of Elec.
toral votes.
This will confirm the general
opinion that the chief danger to the
liberties Of this country is to be ap-
pretended not from the encroach-
ments of the Executive, but from the |
usurpations of the Legislative Depart
ment of our Government. II is o !
part Of the irony of fate that this |
usurpation should be briskly under
taken and vigorously pushed by the
party which has always contended |
that the whole Federal power was
delegated and strictly limited. and it
sounds like burlesque to read of "a
Democratic Governor in Tennessee /
uttering bombastlc proclamation alb
out this glorious Confederacy, while
his fellow partisans in Congress are
laying down the law that the right of |
the State TO vote depends on the good |
will of the House. We have steadily |
insisted that the Constitutional limita-
tions in the power of the National
Government formed sufficient reason
for amending the Constitution, but in
this we have been steadily opposed |
by those who now find in the same
limitations sufficient reason for
violating the Constitution. In spite
of the opinion of Mr.. Knott. we in
cline to believe that as all the States
have voted, full electoral vote will
be Counted.-St Louis Globe Demo