The New York herald., 1877-02-16


fuiry before YOU suppose Tor instance, tho
State OF LOUISIANA had passed such act this
BE it enacted that william Pitt Kellogg. J. Madison
1 The powers a Of c.rpora;isn nSder the Civil Code of
power privilege and immunity appoint ali the forms
and a. the TIM. tina, may b. s.sns.ea in the &C: sAd
President Of the United states st sAeh rrssdena election
apporoned aud allotted 10 the stats OF Louisiana or
which the state Of Louisans may be entitled to appoint
.nc directions y. may be nscessay 20 make this
In iurtherance thereof
What would be said TO such au act as thatY And
yet IL is not very far from tho case before the Court
Ii electoral votes were presented by that corporation
with the seals and signatures required is there mem.
Der 0 either House OF Cong ress not sockholder IN
the corporation who would ior moment hesitate to
reject it with contumeous scorn and tne answer
would be clear und unequivocal, and the Judgment
would be just judgment IL Is these
United States nov, thrty-oight IN number, who
power Tor II Is the election OF their Chief Maas,rale
who is charged with performing the most important
acts that nation can authorize THIS Presidential ap
point ment cannot 20 INTO the market stock TO be
bought and sold Although thore may be millions In
Presidential election II speak tho voice OF the
State III its best feelings and Intelligence, aud II you
that certainly this cannot possibly bc repre-.
sontcd III tho direction OF tho Legislature you Will
discard inc directions. Now, then. having shown
that the legislative directions must be coniornabc to
the spirit Of the constitution follows inevitably that
tho Two houses OF Congress must look INTO the
and character OF those drections II IL not aDso
lutte or arbitrary power that is conferred upon
Legislature They do not possess fun sovereignty
as the argument would sccm to imply They arc re-
sponsibe TO tho people OF tho Uncd States much
tho Legislature Is Responsible 70 the people OF tho
State. In this Wow, IN my Judgement, perfectly jus-
tinablo aud proper exercise OF power made
IN the case OF Louisiana when her vote
rejected in 1865 by the Two houses There was
quarrel in the State between two returning boards,
and. after investigation OF the facts IN the case the
Senate announced the opinion N very clear language,
and, us conceive II, was perfectly legitimate IN IT'S
conclusions, and determined they would receive
return computed and collected In the manner IN which
that was done, even though the office had becn
accepted by tho electors and tho votes had
been regularly returned That case Is parallel
with the one before the court. Tho Returning
Board required by the act creating and by the
oslhs OF Office OF It's members, TO and compile
the original returns That canvass was never made,
aud that compilation never took place; but another
paper, called by ono witness, believe, "contabu.
lated" statement, was relied upon, and upon II they
based their action.
Tho learned counsel who argacd last Is ablo to toll
what sort OF creature an ciector ~. am not
IRON he stated that In his conception cector
is oven human being Ho not be, no says a
citizen Of the untod States, or OF Stale Ho is
nm oiicer of tho United States or an oficcr
OF State. But say that after obtain
ing his appointment, he not a creature
oil any Sata power. Or snbieet In Stata drecLon