The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-26

"Fra uds," Comics lions and Remedies.
For the sake Of illustration we suppose a
case which We are willing to submit to Mr..
Montgomery Blair or Mr.. David Dudley
Field for their judgment and comments on
the legal points involved.
We will suppose that in the early part Of
the year 1876, the Governor and Legislature
Of Florida being republican, with a strong
probability that the State would 60 demo-
cratic in the following November. an
extra session of the Legislature had been
called and law passed taking the
choice of Presidential electors from the
people Of that State and giving their APP
pointment to the Legislature. It will not
be disputed that this might have been done
in perfect consistency with the constitu-
ton. AT tho beginning of the government
several of the States appointed their Presi-
Dental electors by this method, and South
Carolina continued the practice down to
the outbreak of the civil war. That direct
appointment of Presidential electors by the
Legislature Of State is perfectly consGitu-
tional is illustrated by recent in
stance In 1876 the Colorado cleo
tors were chosen by the Legislature
and nobody challenged the right Of the
State to select them in that way. Colorado
adopted that method because, being newly
admitted. she had not time to pass a law
for the choice Of electors by the people,
but if she had acted from any other mo-
tive her mode of appointment would have
been none the less constitutional. as every
body must admit.
Now, to pursue the illustration, let us
suppose that the republican Legislature OF
Florida had adopted that method because
they feared the loss Of the election in q
popular vote, and let us suppose further
that the fear had been verified by the
election OF democratic Governor and Legis-
lature by q large majority on the very day
when the outgoing Legislature were choos-
ing those republican electors. Now had
Florida been taken from Mr.. Tilden by this
method or this juggle even Mr. Blair must
admit that the fraud would have been
beyond constitutional redress. Now,
let us carry the illustration a step
further by supposing that the Governor
Of the State had been bribed to
call the extra session for perpetrating
the dishonorable juggle. Would that have
made any difference as to means Of
redress Even Mr.. Blair must admit that
it would not. And yet tho fraud" would
have been even more fragrant and wicked
than the one actually perpetrated.
In such case the Maryland Legislature
might have gotten up precisely sucha me-
mortal as that recently presented to Congress
and have complained with equal JUS
tice that Maryland had lost her votes
in consequence Of fraud in an
other State. A memorial would not
have been more futile and absurd in that
case than it is in the actual case. Congress
is equally without jurisdiction in both,
having no more authority to review the ap-
pointment of electors when they ore chosen
by one constitutional method than when
they are chosen by another. There Is no
power to redress, and the power to punish
belongs solely to the people or the authori-
ties OF the State that has been misrepre-
seDted in its Electoral College. In other
words, frauds Of this kind in State cam
not be dealt with by the federal govern
ment