Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1877-02-28


Precisely such case seems TO
come before us in the pending Is
sue: Granted-and this seems be-
yond dispute-that the ELECTORAL
commission have strictly and ac-
curately applied the Constitution
and the laws to the question laid
before them, yet what If the very
principle on which the Constitution
and the laws must ultimately rest
becomes thereby subverted =
Granted that the decision reached
is fairly within the bond, yet what
il the pound of flesh cannot I've
taken without its drop of blood !
What if this jealous care of the
rights and prerogatives OF a state
shall go foster faction, and blunt
the sense of justice, and increase
the prevalence of fraud, that the
very foundation of rights shall dis
appear! No nation, said Neibuhr,
ever died except by suicide, and
the suicidal position is engendered
not so much in arbitrary statutes
of q government as in immoral
practices of a people which the
government does not punish and
cannot restrain. 1t is because 4
fear that the strict and accurate
Interpretation of the Constitution
applied to the electoral vote Of
Louisiana would imperil that vote
in the future, and increase the
very dangers which the Constitu-
ton intended to avoid, that | am
unable to concur with such an APP
plication.
Congressman Pierce said:
Objection having been made in
due form to the report of the com
mission on the returns from Louis
lana, we are brought face to face
with the question whether the vote
of that State shall he counted at
all or whether it shall be counted
for Hayes or Tilden. | would
gladly avoid the responsibility OF
passing upon this question if. con-
sistently with the duty which de-
wolves upon me as member OF
this House, I could do so. But
responsibility is one that cannot be
avoided. 1t is as great and as
solemn as that which rested upon
the members Of the commission
whose report is now before US. We
are prevented by constitutions
limitations from shifting the burden
of our responsibility in this matter
to other shoulders. 1t must be
sustained by each one Of us, ano
so sustained as to satisfy his con-
science, and his sense of duty tc
his country. 1t is with great diff
fdence that / venture to dissent
. from the decision, or rather the
recommendation, of the commits
sion; but the rule which it has
, laid down for the determination O
this question is one that | cannot
conscientiously indorse. The com
mission declares that it is not com
petent to take any evidence tc
: show that persons other than those
, certified to by the Governor of the
State, on and according to the de-
termination of the returning Off
GERS of election in State, had beer
appointed, or that the determine
D ton of the returning officers wa:
r not in accordance with the truth
. and the fact. 1t could never have
been intended by those who estab'
lished this system of government
t that there should be no examina
D ton, no scrutiny of the returns o
Y the electoral votes as certified by
: the State authorities. The mos
t careful conservator of State right,
: would never have objected to al
: examination by Congress, or 10y
y any other national authority, so fal
1 as TO ascertain whether the electors
d who sent their votes here to b,
g counted had been chosen and were
a qualified in the manner provided
d by the Constitution and laws o
s their State and of the United States
5 In the case now under considera
s ton an offer of evidence was mad
It to show the commission that tn
o Returning Board of Louisiana wa
i not legally constituted, that tn
: action of the Board in can
e wasting the votes for Presidentia
e electors was not in accordance wit
+. the laws of the State and that Ger
q tain of the electors certified t
It have been chosen were disqualifie,
: both under the provisions of tn
IS State Constitution and the Fedora
r Constitution. That gross fraud
If were committed in the canvass G
It the votes is admitted, | believe b.
d both parties, and it is also admitte,
VI that the Returning Board acted i
/ the discharge of their duties in a
! arbitrary and illegal manner.
If these are not matters which tn
IS representatives of all the people
II authorized by the Constitution {
n count the votes and declare the re
y suit, can inquire into, then thi
e government stands on very inse