The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-25
sTOUGHrON's REPLY TO BLACK.

Editor Democrdt-I have been somewhat
| surprised to hear a conservative friend re-
mark that Mr. Il. w. Stoughton has made q
powerful reply to Judge Blacks article in
the North American Repiep on "the electoral
conspiracy" Some papers think the same.
beg leave to show at least two cardinal
errors of Mr.. Stoughton which involve all his
basis of principle while I think the "con-
spiraey" amounts to no more than will be
found in all partisan systematic movements.
the leaders Of each party mot the people COM
posing the party being set Of men, who,
without scruple, adopt and adapt any and
all means to gain their ends.
Partisan leaders have adopted and the peg
pie have SO far tolerated, the maxim that
wards inevitably, till, in the sacred matter of
government, we recognize that human rulers
are exercising trust under. the Divine econo-
my. Then moral principles and wisdom,
honor and dignity, will rule our victors, and
we shall have good government.
Now, .conceding that Judge Blacks party
might have cheated, to gain success, and
opining that in It's itch for political trading,
whenever It could find an opponent with q
pretense of something valuable to swap off,
1t traded away Its constitutional certainty for
a chance of success, and lost the President the
people had elected. Iproceed in my aim tS
show the cardinal errors Of Mr.. Stoughton,
above alluded to.
1. He assumes, and indeed asserts, that the
States, or bodies of people named in the
constitution as the parties to it. and whose
defense and welfare are provided for in
it, are the State governments, when it is
New York." Maryland" ct ais, can no
more mean their State governments, than
they do their federal government. The
phrase "the American people, can but mean
the American commonwealth ef people.
The said people have no existence or capacity
to act as to political matters except as States,
and when the constitution declares that leach
State shall appoint [electorsl in such manner
as the Legislature thereof may direct" it
e eeas e New ' York; s ct as shah respee-
lively appoint electors In such manner as
through their Legislatures, they "may
direct = such being their agreement.
Hence 1t is alike untrue and absurd for Mr..
such right las that Of electing their own
chief magistrate) imbedded In their constitu-
tion or elsewhere; nor have the people OF
Louisiana or Florida the power to appoint
electors, that being vested Ia each State.' He
further, says that, those who framed and
were careful to exclude from the American
people. the right to elect their chief magis-
trate."
It is only necessary to say that the Amer-
can people are republics each with colec-
tive and central life and mind and that from
The word State is used in the Federal con5tl-
tuition in the same sense as to Maine or
Spain, New York or France. article g. Sec
ton q amendment LII. The American revo-
luton changed provinces to States; these
voluntarily associated voluntariness has not
been changed to involuntariness, 1. e., the
States are not changed again to provinces,
and are not chained. They still govern them
selves in voluntary union. If one wish to Sc
cede, she must do 1t against force il the other
States choose.
1t is obvious that each State las self-gov-
erning people, appoints her quota OF electors.
2. Mr.. Stoughton says the power of the
(see the Returning board law cannot be
doubted, and adds that the Supreme Court of
the State have declared SO; and "hence," he
says, ''the palpable error Of Judge Black"
"The Returning Board" he continues, "are
to receive from the commissioners of election
the statement by them made of the votes cast
at all the polls in the State, Canvass and COM
pile them" listing all persons voted for, and
naming, the persons duly and la~fulty
Now this ld,cyer, in expounding lar,
ignores the highest and most sacred td,c-the
constitution of the State which declares that
all these returns shalt be made to the Secretary
Of State Immediately Ito be kept, of course in
dences of title to the offices of government,
and not TO a returning board. and that each
house of the Legislature is the sole and final
Judge of the returns of elections md qualtfca-
tons of ITS otrn members.
He ignores the further fundamental la,p
that all judicial power is vested in the Judi
ciary, and prohibited to everybody else.
And he must have seen and known that the
wicked gang called the Returning Board, in
tereepted all the returns, kept them from the
Secretary of State, and passed judgment on
all the titles to office the election involved
passed Judgment indeed upon the election re-
turns and qualifications of all the members of
the Legislature.
In conclusion, submit that the moral sense
reprobates such Justification of the atrocious
body and conduct in question, while intelli-
gence and decency of argument are insulted
by the citation of a deeply interested part of
the gang to Judge upon and acquit their CO.
conspirators.
Mr.. S. is more than welcome to the fact
that the usurpers Supreme Court in Louis
lana did decide that the Returning Board of
right judged and settled all questions of title
to office finally and without appeal, and he
might have added that, thus empowered the
Returning Board never went back on their
friends" Respectfully,
B. J. SAGE.
silver sOaplna.
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