The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-01-18

equality OF political power with thai color
ed race and Join hands with Us to build the
new civilization from the lakes 10 tbs
Gulf.
How have you kept these pledges? Have
you seen to it that every facility TO educate
and raise them was afforded? Have you
seen that there was no oppressive injustice
or dictation from yourselves as Landlords
Have you seen that no secret political or
military organizations were formed hostile
TO their interests? Have you seen to it that
ballot-box Was never outraged? Have you
seen to 1t that no armed band threatened
poor and helpless voters?
II you have done all this, you have done
noble work under great embarrassments.
II You have not done il, ii your acceptance
has been evasion and your kind regard for
these co!ored people the mercy of tine "vul-
ture to the ieveret, the tiger TO the fawn,
for all these things you will be called into
Judgment. Your country will judge you.
The world will judge you. she ~ho sitte;h
in the heavens" will judge you, and in the
moment Of temporary victory pause and
recall the language Of the most eminen,
statesman of Virginia. 81 tremble for my
country when l remember that God is
just
How many men in the country at large
believe in the fairness and purity OF the
elections in Mississippi and Alabama, or
rather how lew have the slightest confidence
in them. Louisiana, Florida, and both the
Carolinas may be considered in an unset
tied condition. Georgia under fair, impair
tiaI system would probably be Democratic
but doubt ii an unparalleled man, at all
competent to pass upon the question, or
familiar with the character OF the popula-
tion or the statistics of the elections for The
past ten years in all the others mentioned,
believes that one of them, Of lis own free
will, would have gone other than Republi-
can. l would quote from the report of the
committee Of last year, OF which the SeBa-
tor from Massachusetts Mr.. Boutwell, was
chairman but do not wish at this time
TO aggravale the sensibIiities of my hearers
or excite fresh feeling by repeating its hor-
rors. 1t is enough 10 quote IRON the report
that the Democracy of Mississippi sat last
have gained supremacy In the State by acts
Of violence, fraud, and murder, frsusht
with more than all the horrors Of open
war, without its honor, dignity, generosity,
or justice. The measures suggested as rem
edies are given, one Of which is 10 deny a
State in anarchy or controlled by bodies Of
armed men representation in Congress.
Another is to remand States where such
disorders eIis; to territorial condition.
OF the election in that State last Novem-
Der l will give but one specimen. Our
friend from the sixth districi OF Mississippi
WAS elected to this Congress by Is coo ma.
jority, as have been informed. Last No
vember he was defeated or, as he says,
counted cut" by 5000 majority. Is there
not something astounding as such a change !?
Can it be accounted for on any reasonable
hypothesis? Has not the thing ben 80
much oyerdone as TO startle us as to the
meaning of what they call an election
there? Is il not revolution, varying Only
in its mode OF operation from the revolu-
tion that sought TO overthrow the Union
It has been stated on this floor on the evil
dence of General Sheridan that there were
three thousand political murders in Louisi-
ana, and that nearly that number OF colored
voters We're slain.
Are We then to consider the region we
tried to reconstruct in q state OF anarchy !?
Shall We throw out the vote and subject the
representation from Mississippi, Alabama,
Florida, South Carolina, and shall We ex-
anime the vote OF North Carolina?
And this brings Us directly to the main
question, what are the powers of Congres.
on the subject? Has ether House or both
the right to say that any portion of the vote
a State shall be accepted or rejected? Has
Congress the right to act as a returning
board to purge the vote OF any or all States
Was this power conferred on il by the Con-
s,itntion? Would it have been wise TO SO
confer it?
In article Of the Constitution it is sim
ply provided that "each State may appoint,
IN such manner as the Legislature thereof
may direct" uch electors as il is entitled
TO. In the same article Congress is given
the power to determine the tune when the
electors shall be chosen and the day on
which thes shall cast their votes, and these
for an obvious reason, and that time and
that place are elements in the legality OF
such electoral vote. Both Houses are TO be
present when the President OF the Senate,
who is the custodian Of the votes, shall
open the votes and count them, as witnesses,
and no other powers are given them over
the electoral vote or over the question, IN
less there is tie or no one has e majority.
The language of the Constitution is
plain. As the Constitution origin
ally stood the electors 10 ade list of the votes
ard sent it with a certificate to the Presi-
dent of the Senate who was the custodian
Of the returns.
The President of the Senate shall in the
presence of the Senate and House of Repre-
open all the certificates and the
votes shall then be counted.
As it now stands in article u, the cleo
tors meet in their respective States and bal
lot for President and Vice-President They
make distinct lists of persons voted for by
he electors, but are not required to show |
he State vote. They certify these distinct |
lists and signing them send them to the
President Of the Senate, who is the custodI- |
IN and in the same manner as il original |
y stood the President of the Senate, in the |
presence of the Senate and House of Repre-
opens all the certificates and the |
7otes are then counted. Does the President
If the Senate open and does some one else |
count? Certainly not There may be tel
ers, but they have certainly 10 judicial |
unctions, whether he has or not If there |
3 any doubt on that point the early prac-
ice ought to determine it.
In September, 17s7, the Constitution was
to the Legislatures OF the several |
states for adoption, and among others the
resolution was adopted by the
convention:
"Res.lred, That it is the opinion o. this
that, as soon as the conventions
# nine States shall have ratified this Con-
titution, the United States in ongress as
embed should fix day on which electors
hould be appointed by the States which
hall have ratified the same, and day on
which the electors should assemble TO vote
or the President, and the time and place
or commencing proceeding under the Con-
titution. That after such publication the
lectors should be appointed and the Sena-
ors and Representatives elected that the
lectors should meet on the day fixed for
he election Of the President and should
transmit their voies - certified, signed,
called, and directed As the Constitution re-
uires-to the Secretary of the United
tates in Congress assembled; that the
enators and Representatives shonld con-
enc at the time and place assigned that
be Senators should appoint President of
e Senate for The sole purpose OF receiving,
nd counting the votes for President and
hat after he shall be chosen the Congress,
,gether with the president, should without
clay proceed to execute this Constitution
The above is no carelessly worded resolu-
ion. but attests the precision and skill of
rankin, Hamilton and Madison.
On the 9th Of April, 1889, Congress hav-
X assembled under the Constitution, or
cred "That Mr.. Ellsworth inform the
louise Of Representatives that quorum Of
,e Senate il formed; that President is
ected for the sole purpose of opening the
.rti6cates and counfiaq the rotes of the elec-
,rs of the several States in the choice of .