The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-24

to the Constitution, and its creation can
| find no warrant in that instrument
or in the precedent action Of tile
| Government. 1t was in conflict with
| the Constitution as heretofore under
stood and construed and observed. 1t
possessed no binding power no lawful
power of any kind. An Illegal body. it
could do nothing legal. 1t was arcvolution-
airy measure, TO be frowned at and con
demned by every friend to stability in our
institutions. 1t had no authority to do that
which ought to have been done, much less TO
give the finishing touch to a stupendous
crime against the Natlonl II. as we MAIN
tain. and rs has always boen held
from the foundation OF the Government,
the power TO determine who IS elected prcsl-
dent Is vested by the Constitution nthe two
Houses of Congress, It IS a power which
they alone can exercise and which cannot be
delegated. They could not confer IT upon
the Electoral Commission. The Commission
could not derive this power from any other
source. 1t was impotent.
Utterly powcress. under the Constitution,
the Electoral Commission was also perVerse
and weak. The Genius Of Art has conceived
of the figure OF Justice ~ bllndfoldcd; but
the true meaning Of this idcallstic repre-
sentatlon is that she is insensible to parties,
to brides, and to all improper innu-
enccs. Rdiculously enough this Elcc-
toral Commission blindfolded itself, not
to considerations which should have
had no weight with II, but to the facts on
which it was to decide The decisions OF
such tribunal final and sacred indeed :!
When the American people are deprived Of
the highest constitutional right nothing is
to lie regarded rs final until that right is re-
gained; while no power ON earth can ever
make Fraud sacred
Some who denouncc the usurpatiOn urge
amendments to the Constitution be framed
to prevent its repetition. But what greater
dependence can be placed on new provisions
OF the Constitution than ON those which
have never before been questioned since the
foundation OF the Government II is not
more law, but more obedience that is re-
qured.
| No such doctrine is safe. Weeannot sur
render this great right to elect our own
Chief Magistrate once without cndangering
it forever. II our institutions are to be pre-
served, they must be preserved at all times (;
dency can be bartcred and sold once, It car
be bartered and sold once every four years
II the choice Of the people can be defeated
once, 1t will never be certain TO take effect
II this wrong, now in its incipiency, can
not be remedied will it be easier to prevent
its recurrence when a precedent. submitted
to through an entire term, can be pleaded
in extenuation OF similar usurpaton here
after?
No higher crime against free people can
be committed than TO defeat their choice Of
their own Chief Ruler To deprive u single
voter Of his ballot Is accounted henous
offence. What. then, shall be said Of the
act of depriving a majority OF the voters Of
the United States of their ballots;
With the veto power in the hands Of u
usurper, the voice Of the people, speaking
by majority of each House Of the national
Legislature. may also be hu.hci. Save only
when declared 10y L two-thrds vote,
it may be silcnced by the usurpcr. II
is all idle to talk Of the integrity
Of our free Institutions remaining UNI
impaired when we have IA President, WELD
ing the tremendous power incident to the
office, who was not chosen by the people
And II is child's play for citizens to vote IL
the ballots OF II majority are not TO take
effect The form only of an election is left
the substance Is all gone.
We maintain therefore. that no gravor
issue has ever arisen than that which now
conlronts the American people. 1t should
be met with candor with courage, with de-
cision. The rights Of the majority under
the Constitution can be peacefully a
serted and enforced. Let the tive
Houses Of Congress. in the full blaz,
Of light which a thorough Investigation
will turn upon the subject perform theil
long neglected constitutional duty, and de
clare who 0as elected President lie VIII,
would attempt TO resist the legal effect o
such declaration should be powerlcss, an,
would become Infamous. A. gently rs th'
coming OF spring time, but as certainly ~
the law Of gravitatlon, would the constitu
tonally 8scortaincd will OF a majority O
the American people go into operation. Gu
appeal is not to arms, but to law. Let thu
great issue be determined according to th
Constitution and all will be well.
Ernuds all Around.