Year: 1876

InaG ieaulDg O6AUcTALlC 5IdtGsmcl
were taking measures for establishing
first class paper in Washington fo
the purpose of giving a thorough ex
position of the national principles 0
the party apart from any local and in
cidental positions which its advocate
may occupy elsewhere. We are de
lighted to see its esta blishment becom,
a fat accompli with Montgomery Blail
at the editorial desk, and the Hon
Jeremiah Black as a frst-class con
tributor. Our readers will gladly
study the legal opinion of the grea
jurist on the bulidozing boards which
we now present. The title of the new
paper is the Washington Union"


JUDGE BLACK ON THE LEGAL POSITION
OF THE LOUISIANA RETURNING BOARD


by the Federal Constitution and
the laws of Louisiana the people Of
that State In their primary capacity
have right to appoint Electors oi
President and Vice President This
power has been executed at the time,
at the places, and in the way prescribed
by law, in accordance with the uniyer-
sal rule of all elective Governments.
The intent and will of the whole peo-
pie as a body is spoken by the majority
of the ballots. They did appoint the
Tilden candidates. Their decision to
that effect was spoken by large ma
iority in the prescribed way with loud
emphasis. Nevertheless certain State
officers of notoriously bad character
have conspired, among themselves and
with other evil-disposed persons, to
hinder and prevent the appointees of
the people from performing the duties
assigned to them by their constituents,
to organize an Electoral College COM
posed of other persons having no au-
thority except what they derive from
the fraudulent favor of the conspira-
tors themselves. All this is done to
the intent and with the design that a
false vote, concocted by bogus body,
may be sent up, cast and counted, as
if it Were-what it is known not to be
the true vote of the State, certified
by the true Electors. If it be so re-
ceived and treated by the other States
and their representatives, then rule
is established which takes the power
of choosing our Chief Magistrate out
of the hands in which the Constitution
is supposed to aveplaced it, and gives
it. without reservation, to any combi-
nation of swindlers who may, by fraud,
or force, or accident, get the machin-
cry of State government into their
possession. If this be submitted to
without opposition and as wrong for
which there is no legal remedy, it is
not probable that we will ever have an
honest election again. Those who de-
sire to make this particular fraud sue
cessful and to establish a precedent
which will make fraud omnipotent
hereafter, 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 as infallibly true, sub
ject to no scrutiny and open to no con-
tradiction. This sin square conflict
with the uniform practice of the
Houses it is inconsistent with the
rules which they have deliberately ad-
opted for the exercise of their power
and the performance of their duty on
such occasions. 1t is opposed by the
opinions of great leading men in the
past as well as in the present genera
tion. Tt has no BArrant ia the words
of the Constitution. II is utterly at
variance with the reason Of the thing,
and it grossly violates the right of the
people to be protected by their Repre-
sentatives against imposture and vii
lainy.


The duty assigned to the President
of the Senate is very simple. The GER
tifcates being sent to him, he must
keep them as he gets then in faithful
custody and close under seal until the
day of opening, and then lie must open
them in the presence of both Houses.
When that is done his special function
is finished. Because he keeps the
packages containing the certificates,
and is authorized to break the seals on
a day fixed, is he therefore 10 pass up
on their validity and force The House
to receive and count them contrary to
their convictions of justice and truth
1t might as well be said that the mes
sengers who bring them up have this
kind of power.


In speaking of the right claimed by
the returning boards to throw out par
ishes, Judge Black says: Their ju-
risdlction, as they claim it, is that Of
the highest Criminal Court, and is tC
be exercised in ways totally prohibited
to all courts. They may try the peo'
pie of whole parish at once and con


denim them all on ex parte statements
without a hearing or notice, for acts Of
violence committed by person un-
known to them, at any place within
their borders and at any time IN the
indefinite past. A conviction obtained
in this way is Immediately followed BY
a sentence of disfranchisement, which
| need not say, is the most frightfu
penalty that can be inflicted on peo


Die struggling to free themselves from
the domination of reckless knaves.


This terrible jurisdiction to doom
and punish may seem to be mltlgateC
by the pardoning power, for the Boar(
is authorized to condone the offens'
when they think it has not material.
changed the result of the election


But no olsmeney is ever extended t
their political opponents. The resul
OF the election is always materially at
fected by an act of violence or fraud
no matter when, where or by whom
committed, in a Democratic district
| But the reverse is sure to be hell
where the majority is not Democratic


Will any man in the world say that


power like this may be held and WELD


ed by Returning board consistent,


with the fundamental law of Loulsl


ana or any other free State No; TO


reasons too numerous to mention


usurps authority which belongs exclu


sively to the courts. 1t imposes tn


severest punishment without trial o


evidence upon large bodies of mer


who are known to be innocent of ever


offense. In defiance of the State Con


stitution it refuses the votes of quail


fed citizens and makes the right Q


suffrage "a mere mockery. Moreover
! it fatty violates that express provlslo
! of the Federal Constitution which ex


pressly declares that no person shaI


be disfranchised except for rebellio


or other crime, which, of course


means a crime of his own, whereof b


is legally convicted. Besides tha
this law does not apply to the case 9


Presidential Electors; it is expressl


confined to State, parish and judlcls


officers, to members of the Assembl


and members of Congress. There