The Republican. [volume] (Oakland, Md.) 1877-current, 1877-05-26


our Garrett county people need, and
we repeat again, we are for lower
freights without any politicians
hand in tours"
THE following taken from a recent
number of the Daily Nea0s of Liver
pool conveying the views of a candid
and intelligent correspondent of that
influential paper, contains a full and
complete answer in compact form to
all that "Independent Voter" has
thught proper to assert of the fraud
by which Mr.. Hayes was elevated to
the Presidency. AS concerning the
argument on the Southern States it is
conclusive and final, and any parti-
san less bigoted than he would adj
nit its force and truth
81 am much deceived if many of
the Democrats themselves do not ul-
timately admit that the rulings of
the Electoral Commission were
sound in law and fortunate for the
country. There were two serious
questions of constitutional interpre-
tation involved in the dispute over
the counting of the votes-frst, who
had the power to determine what
were the votes; and, secondly,
whether there was any authority
lodged in Congress or its officers to
review the action of State Returning
Boards and decide upon the honesty
and authenticity of their declaration
of results. The first question was
evaded by the appointment of the
Commission of Arbitrator the Sec
ond question was referred to the
Commission itself for judgment and
although the Democrats now assert
that they expected" the Commits
sion to go behind the returns, moth
ing can be palmer than that in the
debate on the Bill creating it, the
speakers on both sides, the leading
Democrats as well as tho leading Re-
publicans, treated this as one of the
very points at issue. 1t was much
disputed question of constitutional
law, and it was distinctly indicated
in the Bill itself as an open one.
Well, the Commission decided that
it could not go behind the returns,
not that it was unwilling to do so,
but that it had no power. and that
Congress itself had no power. The
people do not vote for President and
Vice President under the American
Constitution. Those officers are cho-
sen by the States, and the States vote
by means of boards of electors zap.
pointed' in each State in such man.
ner as the Legislature thereof may
direct. Formerly in some of the
States the Legislature itself appoin-
ted the electors; now they are APP
pointed by popular vote, the Legis-
lature prescribing the manner in
which the vote shall be canvassed
and declared. over the result thus
ascertained it is now decided that
neither Congress nor any other au-
thority outside of the State has a
power of review. If there have
been frauds or Irregularities in cast
ing or counting the ballots. that is
purely State affair, and the State
must apply the correction. When
the proper officers transmit the cleo
toral certificate to Washington and
declare that to be the vote of their
State their decision is final. Now
this agrees with the old Democratic
doctrine of State rights, and is very
serious set back to the tendency to-
wards Capitalization which the Op.
position has watched with so much
dread in the later policy Of the Re-
publican party. If it had not result
ted in this case in the success of Pres
ident Hayes, the Democrats from
one end of the Union to the other
would have hailed it as a great vic
tory of sound constitutional law.
And it is that. There must be a
court of last resort somewhere, and
if the business of canvassing returns
were transferred from the States to
Congress, it is plain that every cleo
ton would be followed by prolon-
ged wrangle at Washington, and in
every close contest there would be an
unwillingness to abide by the deci-
sion of the ballots. Every four years
the Senate and House of Represen-
tatives might be asked to set aside
the action of the electoral college.