The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-01-18

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papers conceded them. 1t was admitte
that every effort to carry them for Ia
Republican party had failed, but dnrin
that day the Republican officials in thos
three states--The Returning Judges am
the Counting Boards-were notified tha
the result depended on them, and the
must, notwithstanding the popular wi!
as shown by the ballots save the resuI
by counting every elector In every stat
for Governor Hayes.
They did their work well. On yariou
pretexts of fraud, and intimidation, an
disorder in these very states, where mar
shals and deputies and soldiers wer
must numerous, they cast out votes whlcl
were actually cast; they substituted thei
opinions Of what III der other circum
stances would have been, or should hav
been, the result, for what actually was
and in three weeks did declare that eacl
of these states and every electoral vote il
them should be cast for the Republican
party. The Counting Boards discovered
fraud and intimidation and violence
which the marshals and the troops coulC
not discover, and, therefore, could no
prevent. 1t would have been great eco
nomy to have dispensed with the mar
shaIs and the troops and to have relied
on these keen eyed Boards exclusively.
The Republican Board in Louisiana
had no jurisdiction whatsoever The law
for election of electors passed in 1869 WaS
amended in 1870, and provided that re-
turns should be made to and be counted
by the governor and Secretary of State
The law of 1872 gave to this Board NO
DO to count the vote for electors, but
did repeal all former election laws, lfthe
law ofl868 was repealed, there was no
law for the election of president electors.
II it was not repealed, the returns were to
be canvassed by the governor and secre-
tary ofstate In either event, the Return
ing Board had no power over those re-
turns. The law required the board to be
composed of members of both political
parties. 1t is composed Of Republicans
only. The law required the board to con-
sist of five members, and to fill vacancies
caused by resignation or otherwise. 1t
consisted offour members only, and they
refused to fill vacancy caused by reslg-
nation. They were unwilling that a De-
moCrat should witness their action IL
sat in secret, judged in secret, and by the
mere manipulation Of returns OF votes
actually cast, it changed an actual ma
iority of 5 900 or 10000 for Tilden into
majority Of 5000 for Hayes.
The Supreme Court of Florida has de-
Clared that the Returning Board OF that
state has usurped authority in rejecting
vo,es actually cast, and proposes to order
a recount. What, then, is our actual con-
dtion
By the confession of all parties, Cover
nor Tildeu has received popular majo-
rity of 250,0O0 votes. By the confession
of all parties, he has received 1874 undis
puted electoral votes-within one one OF
a majority. By the confession ofalI par
ties, he has received 1876 electoral votes
regularly certified to by the governors of
the states-a clear majority, and sutfici-
ent to elect. BY the confession of all par
ties, he has large majority of the votes
actually cast in Louisiana and small ma.
ritv in Florida. Every Democrat in
he land believes Tilden was fairly and
egally elected. Every honest Republi'
,an in the land knows that the counting
n of Hayes, whether actually correct or
lot, is tainted with the strongest suspl-
lion of fraud and corruption, that it is ac-
by Returning Board abso-
utely without jurisdiction. illegally con-
tituted, compos, d entirely of Republi'
ANS, sitting in secret, with every pos
ible incentive to be partisan, and every
possible opportunity to be dishonest. lst
eports are-I need not say they are
raudulent-I say they are tainted with
uspiC;on of fraud. Thev need the su.
,eryision and revision and veritication OF
he representatives of the people and of
he states. Ifit has made an honest and
awful count it will stand; if not, twill |
all and it ought to fail.
A new doctrine is now set up here for
or the first time in our history by great
,arty for immediate application, that the
President of the Senate is the autocrat
# the situation, that he alone shall de-
ermine absolutely and finally which
tates are entitled to vote; which returns |
re the true and authentic returns, in
ase two SETS shall be handed to him; and
What votes shall be counted.
The constitution says "the President of
he Senate shall, in the presence of the
,enate and House of Representatives,
pen all the certificates" and this is all
he power given him-open, not count
u the certificates. not part of them or
one Of them, open not secretly or else
where, but in The presence of the two
Iouses, that they may witness the per-
lrlnance of his duty, and themselves per
Orm all necessary acts not Contided to
lin. The two Houses have held him
trictly to this constitutional duty. They |
ave never permitted him to do more or
therwse. They have always coNnted
be votes. They have always appointed
ellers to count for themin their presence
hey have always decided whether the
otes of Indiana and Missouri and Wis
onsin and Louisiana should be counted.
hey have decided whether and where
he states lately in rebellion should have
be right to vote. Never, not once. in all
ur history, has the President nf the Sen.
te undertaken to decide Which is the
rue return when two have been present.
d to him. Never, not once, has he un-
ertaken to count vote when the vail
ity of that vote has been questioned, |
On tie conuary,in 1899 Congress as
umed jurisdiction over these very ques-
Ion, and both houses passed bill pro-
iding for their decision by joint com
littee, to be presided over by the chief
istice. John Mar, hall, then member
congress, afterward cllief justice, the
reatest expounder of the constitution
Tho ever sat upon the bench, sustained
8 constitutionality on the ground that
he duty ofcOunting being enjoined upon
he two houses, they had all power ito
lake laws necessary and proper to" ex.
cute that duty, The bill passed both
ouses, and singularly enough failed OIL
he question whether one house or both
ouses should be necessary to reject
ote,
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