Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-01-17

the states, then they mean nothing.
!, One Of these guarantees is "due pro.
4 cess Of law The State of Louisiana
has made and now attempts to enforce
a law which abridgcs this right and
|. thus violates the plain terms of the
clause mo State shall make or enforce
any law which shall abridge the priv.
lleges or immunities of citizens of the
United States"
1t is said that fraud and wrong, riot,
murder, and intimidation, exist in
Louisiana and her law-making power
must be permitted TO use extraordinary
remedies TO suppress these. We need
not inquire how the machinery created
by these laws is used, nor whence pro-
coed the ills complained Of Arbitrary
power is no corrective for these evils.
The remedy is worse than the disease.
| There is force and vigor enough in the
legal remedies which are sanctioned
by the organic law when they are ad-
ministcrcd and enforced by authority
moves with the dignity and power Of
the majority of the people TO suppress
every wrong and sustain every right
Fraudulent voting false returns, vio-
lence, intimidation, and all the other
evils that afilict Louisiana in her cleo
lions come TO us frequently in the
North, but the remedy for these is not
found IN the disiranchisement OF masses
Of men without hearing, nor in the
arbitrary exercise Of judicial power by
an irresponsible tribunal. The polls
are purged. FRAUDULENT votes rejected,
returns coerced TO speak the truth,
the merits found, more irregularities
overlooked, and precincts thrown out
when utter and willful violation of law
rs shown, but these results are reached
through legal processes, sanctioned by
constitutional authority and sustained
and approved by the popular will. In
these processes and in these forms of
judicial inquiry alone, OF which com.
plant and answer, day of hearing
and an actual hearing are always u
part, is found the basis of our faith
that the popular vote is the truthful
exponent OF the popular will. Take
these away from popular institutions
and you will have substituted arbitrary
power for a government of law.
Standing upon the threshold of
second century OF the Republic with
the retrospect in our possession by
which to guage the future, with the
plain proof that the power exists to
successfully base popular institutions
upon free ballot if popular faith and
legal scrutiny be its accompaniment,
we should be iaithless to our highest
duty if we did not, by every means
given us TO use, compel the returns
IRON every State TO speak the truth,
if we did not, in the exercise of our
undoubted right :" TO count the
vote, apply the tests of judicial
scrutiny and of honest methods TO
the tortuons ways of partisan re-
turning boards; if we did not, in all
that pertains to Federal organism and
Federal machinery, produce strict con-
iormity to the Federal Constitution
and purge and winnow the material
returned until the people in every Sec
ton recognized and admitted thelegit-
innate results that had been produced
by. a pure and free ballot.
IL Is sald That this action of the re.
turning UUnru rs tue eVso,. .. = -,-.---
vested by the Constitution with ex-
elusive power over the subject matter,
and that we are bound by it. It is to
be remembered that il is not the Con-
stitution that gives force to the certif-
cate of ,he executive authority, but an
act of Congress that the Government
of the United States under its own
power, makes this mode Of proof Of
due appointment of electors by the
State, and that careful examination
Of that statute will show that its pro.
visions are mainly directory in this re-
gard. If it were part OF the require
ments Of the Constitution and made
imperative on the Legislature of the
States in creating their mode OF APP
pointment, different question might
arse as it is, it is our requirement,
and is to be held, like all other direc-
tory statutes, to etfectuate justice and
right, and not TO shield fraud and
wrong. AT the count OF votes in 1873
the two Houses went behind this GER
tifcatc in the Louisiana case, examined
other testimony, and rejected the votes,
and in the same year the certificate of
the Secretary OF State of Texas land
not that OF the Governor) was adjudg-
ed sufficient, and the votes of the State
received and counted.
If it be intended by this declaration,
that we are bound by this action of q
State, to recognize and count false
and fraudulent return simply because
it comes covered with the insignia
thereof, cannot assent. This matter
concerns all sections Of the Republic.
1t is our right and our duty TO protect
our people from fraud and wrong, letit
come from whence il may. We can and
may and ought TO administer She Fed
elul Government in all matters affect
ing it, with purity. Falsehood and
fraud affecting it ought to find neither
protection nor tolerance in any OF its
utlhi NhhNheo.
In the adjudication OF the weghty
questions that now confront us fraud
spoils everything it touches. The
broad seal Of the State is crumbled into
dust as against the great interests de-
signed to be deinudcd. Every trans
action in which ii minglcs, every re.
turn based upon it, is defled by its
contagious touch. Why should il find
shelter in the highest representative
tribunal OF the Republic This the
last place on earth where il ought 10
find refuge. No rescripts Of State
Legislature, no decree OF n returning
board, no judgment OF State court
eau or ought to protect II here. When
ever and wherever tits detected, when
ever and wherever the test Of truth
udicially applied drags it into light,
its DISCUSSES vanish, its rcpulsive form
stands exposed, and its condemnation
follows.
That "thc king can do wrong is q
maxim Of the English law. Pym and
Hampden, in bold assertion Of tho
rights of their countrymcn, held that
this king was he who ruled according
TO law. The ideal king--the majesty
of law--the crystallized thought Of
ages, based upon common right, com.
mon justice, and common sense, they
declared, was the real king, and the
talent, intrepidity, and courage of these
.ribuncs of the people riveted their
thought upon the minds Of Englishmen.
The denial of this idea has cost one