The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-03-01
The Case Clearly Stated.

1
order of Jesuirs. W. D. W.
| The Case Clearly Stated.
| The Cincinnati Gazette clearly and briefly
| states the questions Involved in the decisions
of the Counting Commission. as follows:
There is a tendency to forget that the
Board Of Arbitration had something else to
decide than the simple question whether
| Hayes Or Tilden had the most Electoral
votes, or whether any of the Electors were
duly qualified, or had been duly elected by
the popular vote, or formally certified to by
the State authority. 1t had to decide the
province Of its own inquiry--how far its in
qury could go, and whether it could go be
You'd the veriacation of the legal certificates
to inquire whether the authorities OF the
State had acted dishonesty in the perform
ance VI the functions which the law has con-
ferred on them.
A dispute on this question was raised by
the democrats in Congress, they asserting
powers which Congress never yet exercised,
and which their party had always denied.
This question was specifically referred to the
Commission. The bill, without affirming Or
denying any such power in Congress, pro-
vlded that in considering any objections the
Commission should have 1.-THE same powers,
il any, now possessed for that purpose by the
two Houses. acting separately or together"
Likewise that the Commission "snay therein
cake into view such petitions, deposi,io
and other papers, If any, as shall blythe Con-
stitution and now existing law be competent
and pertinent in such consideration
In short, the bill conferred on the Com
mission whatever powers Congress had, ii
any. specifically making it an open question,
20 be decided by the Commission, whether
Congress had any such powers. This was
the great question which was put out to refer
ence. For this it was regarded as fit that
five Justices Of the Supreme Court should be
brought in. 1t was the only question that
could be called judicial in its character. Not
that this question belonged TO the judiciary
for every part Of this affair WAS strictly po-
liticel, and did not come Into the judicial
provlnce-but that the false pretext that
Congress had power to go behind the action
Of State In this matter raised a law ques-
ton.
| The Commission has deliberated this the
main question, and has decided that Con-
gress has no power to go behind the legal
| evidence of the election OF the Electors of
| President and Of their votes. 1t found cerIi-
! ticates in legal form that the Hayes Electors
were elected, and that they had voted for
| Hayes. There was no question that the legal
canvassing officers had returned these as
duly elected, nor any question that the certi-
ticate of their vote for Hayes was according
to law, and was the only legal certificate.
| The Commission decided tn Congress
has no power to challenge the votes Of Elec-
| tors who have all the legal evidence that they
| have been elected by the people. 1t decided
that Congress has no power to open up the
| canvass Of the votes Of the election pre-
ciucts, to see IL the State authorities have
acted unPaithfully in the performance Of the
duties which by law are conferred on them
and on them alone. BY this decision the
Commission has held to the ideas of the
trainers Of the government; to the prece
dents OF three-quarters OF century, and to
the ideas which the leading men of the de.
mocratlc party have always held till now.
The Commission could not decide other
wise without setting aside the Constitution,
nor without making Presidential election,
under existing laws, impossible, il not, in
deed, impossible under any practicable ex
tension OF the term OF u contest OF the elec
tion What an intermlnable contest would
it be- il Congress could constitute itself {
grand Returning Board 60 recanvass tiis
votes Of the people of each and Ill of the
States9 1t would be impossible within thl
time fixed by Congress for the decision
The Constitution did never enact an impos
,ibility therefore, the Constitution did neve
enact thia.
Where have gone the senses OF public mel
who maintain this thing which palpabl.
would make legal election OF President i'm
possible if candidate chose to make All ell
ergetic contest? The Commission could de
eide no other way than 1t has without lepu
, dating all that has been held for century
: nor without making the constitutional method
OF electing President mockery.
, AS Congress has no such powers, it conl
. | not confer such powers on the Commission
! | 1t may occur to the logical mind that this
, logically a decision that Congress had IL
power co create such Commissions, and t
put on. TO it the counting OF the votes. Thl
. all the more confirms the correctness OF u,
' decisiou and sustains the opinion Of fhos
i who from the first have denied the constitr
S tonal power of Congress to take this matte
9 from the hands of the President Of the Ser
e ate. upon whom it was conferred by th
q Constitution.
: GEN. BABcoCK. democratic pre-