The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1877-03-14

WIN au uhpcttutHNcu cASibcmtht lHe
people have dome little else than engage
in discussion ~ to the fraudulent conduct
OF Returning Boards. In this condition
OF Affairs business has been generally sus-
pended Failures have been frequent,
and prostraion has seized upon nearly
every interest in the land.
When this excitement was at its hight,
Congress assembled. one Of its duties
was to countthe electoral votes Of the
States, including Florida and Louisiana.
With view of facilitating the count and
providing for the peaceful performance of
its duty 10y Congress, Till was Passed
creating an Electoral Commission. By
thai law, the Cvn'fnl--ion was 10 Rsccr-
tain the true and lawful vote OF every
as to the hearing of evidence and the ex-
animation of papers, such power as Cons
gress or either house OF Congress possess
ell. In the belief that evidence would be
heard, and that the settlement Of the di'-
puted question of facts wonld fairly be
reached, the Congress and people accept
ed the Commission. How that conf
dence has been disappointed, how de-
cision has been made, based upon a re.
fusal to consider the unfortunate question
Of dispute, is well known to the country.
When the certificates from Florida and
Louisiana were ooened and submitted to
the two houses, objections were fled TO
those. presented 10y the Hayes electors.
Among other grounds of objection, it was
urged that these certificates had been
fraudulently and corruptly issued 10y the
Returning Boards and executives of these
States, and "a the result of a conspiracy
between them and the electors claiming
to have been chosen, and that such GER
tifcates had been issued in violation Of
the laws of the respective States. and
that some Of the electors named therein
were ineligible by express provisions OF
the Constitution Of the United States.
When these objections were made thecon-
sideraiion before the Commission proof
was offered to the Commission to sustain
them. The Commission, BY vote OF &
to :. refused to receive the testimony of
fered except as to inelgibliiy ne to sin
gle member in Florida. 1t was voted in
the case Of Louisiana that the commis>
sion would not near evidence to show
stitutiouai body; that it was not organ.
lied as the law requires at the time the
vote was canvassed; that it bad no juris-
diction to canvass the electoral vote that
charges of riot. intimidation and violence
were false. and that the Returning Board
knew that fact; that certificates were
corruptly and frsudulently issued, and as
n result of conspiracy; and that the vote
of the State has never been compiled or
canvassed. The same rulings substan-
tally were made in the case of Florida.
The Commission also reiusedto hear proof
that at the time of the election in South
Carolina. anarchy prevailed, destroying
the republican form of government in
that State, and that troops were retained
there in violation Of the Constitution, to
interfere With free choice by the elec>
tors, so that the lawful vote Of the State
could not be known.
Against these decisions we protest most
earneaily in the name of free and repub-
lican government In the first place, they
struck a fatal blow at the constitutional
powers Of the two houses to count the
electoral vote.
This power has been exercised by both
houses withou, dispute from the iounda-
ton of the Government. That evidence
should be reached in cases OF contested
returns seems clear The principle has
been maintained 10y the ablest statesmen
the. country has produced.
It's wise practice confined to principle
in secret session, notably in the case OF
Louisiana in 1869 and 1873 Such. evi-
IDENTIFY. was the view OF both houses at
the present session.
The investigating committees were sent
to Florida, South Carolina and
Louisiana to take testimony and
report as to the elections in those
States. II is difficult to see upon what
principle their view can be based The
duty of Congress Is to count the vote.
This makes the enactment of the vote "a
he counted This again makes the de
termination OF what is the true vote, and
this distinguishing of the false from the
true requires evidence. Forms of law ex
pressing the fact cannot be made, unles:
evidence be admitted for if fraud possess
the count, how can the success OF false
hood lie preventedS The action OF The
Commission disables Congress from per-
forming certain constitutional duty
In the second place, this decision null
fees an article Of the Constitution Ia
section ', article A, il isproviled: "Bu
no senator or representative or person
holding an office Of trust or profit undeI
the United States shall be appointed ar
elector." If State choose electors whC
are Ineligible, how can this provision b.
made efiectual2 The State, by its action
has refused to repeal it. Manifestly j