Year: 1876

4 President Cannot be Chosen


by IL Combination Of Swim.


siterS-lhe Louisiana Fraud


the Spawn Of Il Criminal Con.


spiracy-Abide by the COnsti.


tuition.


WASHINGTON, Dec. 6.-I comply
with the request to state my views
concerning the electoral vote Of Lon.
isiana, in the hope that | may thereby
do some little service to the cause ot
peace, good order, and honest Gov.
ernmeDt.


by the Federal Constitution and
the laws of Louisiana, the people OF
that State in their primary capacity,
and they only, have right to appoint
electors. This power has been exc
cuted at the time, at the places, and
in the way prescribed by law. In
accordance with the universal rule
of all elective Governments, the in
tent and will Of the whole people as a
body is spoken by the majority of toe
ballots. They did appoint the Tilden
candidates Their decision to that
effect was spoken by a large majority
in the prescribed way, with loud en-
phasis.


Nevertheless certain State officers
of notoriously bad character have
corspired among themselves aud with
other ovil-disposed persons that a
false vote concocted by bogus body
may be sent up, cast and counted as
if 1t were, what it il known not to be,
the true vote of the State. If it be
so received and treated bv the other
( States, then rule is establis he'd
which takes the power Of choosing
our Chief magistrate out Of the hands
in which the Constitution is supposed
to have placed it, and gives it, with
out reservation, to any combination
of swindlers who may, by fraud or
force, or accident, get the machinery
of State Government into their pos
session If this be submitted to
without opposition, as a wrong for
which there is no legal remedy, it is
not probable we will ever have an
honest election again.


The question then arises whether
there is or is not some legal authority
by which this frightful wrong can be
remedied. If the Constitution bas
not given 20 somebody the right to
arrest fraud before 1t defeats The
known and legally-expressed will Of
the people, then they have retained it
in their own bands; and they. must
compel obedience by their own physi-
cal force, or else surrender their right
of selfgovernment altogether. A con-
struction of the law which logically
leads to such a conclusion cannot be
the true one.


There are those who seem 10 ey-
pect that Gen. Grant will take it uron
himself to settle the controversy with
the aid of the army. In ordinary
times this notion might be treated
with derision, but our President for
the time being has superintended State
elections with the boyonet; seated
Governors who were not elected
tumbled legislative bodies out Of their
halls, and done divers other things
which show that be has very curious
views of his own powers and duties.
Still 1t is not likely that be will carry
things TO the point of making war
upon the people for electiDg Tilden,
or upon their Representatives for r,-
fusing to coun, fraudulent votes in
favor of Hayes.


Those who desire to make this par
ticular fraud successful take the bold
ground that any paper purporting to
be certificate of the electoral vote,
if sent up to the President of the
Senate, and by him opened in the
presence of both Houses, must be
taken a. infallibly true. subject to no
scrutiny aud open to no contradiction.
This is in square conflict with the
uniform practice IF the Houses 1t
is Inconsistent with the rules which
they have deliberately adopted. 1t is
opposed by the opinions of great men
in the past as well as in the present
1t has no warrant in the words of the
Constitution. 1t is utterly a: variance
with the reason of the thing, and it
grossly violates the right of the
people to be protected by their repre-
sen.atiyes against imposiure and vii
lainy.


The duty assigned to the President
of the Senate is very simple. The
certificates being sent to him, he must
keep them as be gets them, in faithful
custody and close under seal, until
the day of opening and then be must
open them in the presence of both
Houses When that is done, bis
special function is finished. Because
be keeps the package. is be to pass
upon their validity. and force the
Houses TO receive and count them,
contrary to their convictions of justice
and truta? 1t night as well be said
that the messengers who bring them
up have this kind of power. The
votes being opened. shall then be
counted" The Constitution does not
say in express words by whom the
count shall be made, but the rule of
construction which gives the autbori-
ty to the Houses, and withholds it
from the President of the Senate, is
very plain. Judicial power is never