f
Of
TI1E
" CLEARFIELD KPIBUCAS,"
GOODLANDER, & LEE,
CLKA HFlKLu, PA.
K XT A II LI UK l IN l1.
I he largest Clrf nUtkn f any Mewapapcr
In North Ontrml Pmiiaylrauta
ar
il paid nr x H wfnr wonibi H 0
I petd al'iei the aipi ration of ft uoilki... 9 IHI '
Rates ot Advertising,
CraniUm advert I eeraenti. par aatnare of t 11 net or
tltnee or leae ...... $1 ft
''ir itnh uhfiiFnf inMrtion M
I lminitriorf' 4ml Kama tort' antioee. t
ud.tora' niont h t 5
CetuWnp it nil Kxtrari I 5
IMtPolutlim noli cm f (Ml
Profeaamna- Canlf, Hum or leai.l year...- I A
Lace I nnttatft. pur line SO
VKAHLV ADVKRTISKMK.NT8.
I xquare Oft I oolarao.. $.S0 00
I iquftri, 15 00 I 4 aolnmD. TO 00
equaroa... SO 00 I 1 olann......lS0
O. B. GOODLAXDKR,
NOKL B. LKR,
PuKIUhert.
(Cards.
VM M. WOCPI,LrOr1,
raao. o't bitk.
McCC.IOlGH & PICK.
ATTORN E VS-AT-LA W ,
lleerfleld. Pa.
All leg.l bu.lBrs. promptly .tt.add to. Ofneo
oa Srooad street, In Ihe Aluonio buildtag.
J.ol0JT
w. c. Arnold"
LAW t COLLECTION OFFICE,
CUKWENSVILLB,
e!S Cleerfel4 Couliv, Pena'o. Toy
tbo.. s. ai-Baar. cruui sosooa.
MURRAY & GORDON,
ATTORNEYS AT LAW,
CLEAKFIKI.D, PA.
tfrOffie ia Pit a Opera II oast, tecond floor,
M14
FRANK FIELDING,
ATTOKN KY-AT-LA W,
Clearfield. Pa.
Will attend to til bnelaeai aotraited to bin
ptowptly and faithfully. aovll'Tl
WILLIAM A. WALLACE.
PATIO L. BftKBI.
efUrlM W. WMIflLBTi
a a mii r r. wallaci.
WALLACE 4. KREBS,
(Huwii'iri tu waiiae riaiaioif,)
ATTORNEY8-AT-LAW,
U-I27;l Cleartteld. Pa.
lOHBrn b. v'BWALLr.
OAXIBL W. M'OUBPT.
McENALLY & McCUBDY,
AITOUNEYS-AULAVV,
Clearfield. Pa.
?WLeX tHminnn atteitdnd to prompt I wltaj
jilolity. Uffloa oa hvotiau itrawt, abora lh Kirit
Natiuoal Baok. jftn:l:7
Q. R. BARRETT,
Attorn and Oounkklor at Law,
ci.eakpiki.d, pa.
lUvInf rtttinail kif Ju(iK"hlp, bat mutaad
th practlc of tht law la hit old offloa at Clear
IWd, Pa. Will tt an J th oourt of Jelferson and
Kt It ounntla when peeiallj fetaioed Id wmnpetion
art t h reii'lrnt onuniel. 3:14:72
A. G. KRAMER,
ATTO RNEY-AT-LAW,
Real E.Utf .nil CullMtioB Ageat,
CI.KARKIKI.I, PA.,
Will prnhiptljt all.oil to all legal bullnui .a
trusted tfi nil or.
-0ISc. ia Pii'i 0i.r II im. J.Dl'it.
WM. M. McCULLOUGH,
DlSi RIC ' ATTitKNEY,
Clearflcld. Pa.
r-OHItta la III. Manoi. bailllng. !.'!
buiia.i. prouptljr attended tu. Hi .1 .ut. hooght
and ld.
A. W. W ALT E R8,
ATTORN KY AT LAW,
ClearBXd. Pa.
VOBio. In Orebiini'a Ri. deeS-l;
T H. "wTMlTlHi
ATTORN EY-AT-LAW,
H:l:7 t'learllald.Pa.
WALTER BARRETT,
ATTOKN KY AT LAW.
tle.rfJeld. Pa.
a-OrJc la Old Wnt.ra lintel balldlag.
win. r of Sesund and Market 811. la.1l,(.
ISRAEL TEST,
ATTOKN KY AT LAW,
Clearfield, Pa.
ea-OBc. la tb. C.ort Hoa... (J;1I.'"T
JOHN H. FULFORD,
ATTORN BY AT LA.
tloarrJeld. Pa.
OrTet oa Uetbet sireet, opp. Coart lloow,
J.n. 1, 1874.
" John l. cut t l e,
ATTORNEY AT LAW.
tud Heal Eatata Af.ut, Clearfield. Pa.
Offlc. oa Tblrd meet, b.l.Cb.rrj A W.lnat.
er-Reep.etfull olf.re ble ..rTle..lB ..lltDg
tad buelag land, la Ol.ara.ld aad adjoining
taaati.ai aad witbaa.ip.n.ae.oi o.ertw.ot
rear. a. a earvejor, flatter, blmeell that b. .aa
r.ador aatlefaou.n. ir.o. 2Birj:ii,
J. BLAKE WALTERS,
REAL ESTATE BROKE It,
aaa dbalbb ia
.Saw Ijogn and Ijiiinbor,
OLBARFIKLD, PA.
Ofllm la Orehn.'. K.., t'V",l .
J. J. LINGLE,
ATTORN EY-AT-LAW,
1:11 Oaceola, Clearfield Co.. Pa. J pd
J. 8. BARNHART,
ATTOKNKY . AT LAW,
IIula.l..tlai. Pa.
Will praottot In Clvarleld and all of the Court of
tba Vitb Judicial duiriet. nvfti vaiaia uuamnr
nd iillvttlun ol olaiaia auda MMialnai, al'fl
DR. W. A. MEANS,
PHYSICIAN A SURtiEON,
LUTIIKHSnl'Hll, PA.
Will attead profeeiloBal nail, piiiaiptl'. eaglo'71'
DR. T. J. BOYER,
PHYSICIAN AND Sll KU tUN,
OBo. oa M.rk.1 Stro.1, Cl.arB.ld. Pa.
T-OSloe boBrai I to li a. , aad I 10 I p. a.
D
R E. M. 8CUEURER,
UOMdOPATIIIC I'llYBICIAN,
Ofloa Ib r..ld.aeo oa M.rk.t rt.
Ajrlld.,!"! Ellflt'i.?!.
" J. H. KLINE, M. D.,
PHYSICIAN A SURGEON,
HAVINIJ iMaud at Paanlald, Pa., od.rl bli
profeHloaal Mrvl... to lb. pe.pl. of tbat
plM. aad aarroaading waalr;. Alleallf prnmpll;
atuadad to.
oot. ii tr.
DR. J. P. BURCH FIELD,
Lau Sorg.oa of Ib. 3d R.glB.at, P.an.yl.arila
Volaatoara, bavlag rotara.d froai tka Army,
afar, bia prof.uloaal ..r.ie.a I. tb.eitiien.
of Oloarl.ldaoaBty.
aaT-Pruf.i.loaaloalll promptly atuad.d to.
OOo. oa fiMoad m.ot, formrlyo..apl.d by
Dr. Wooda lap'.
DR. H. B. VAN VALZAH,
CLE AH PI ELD, PEM.JA.
OFFICE IN MASONIC BUILDING.
OCo koor.-Fr.rn II Io I P. of.
May tl, im.
DR. JEFFERSON LITZ,
WOODLAND, PA.
Will promptly attend all tall, la Ib. Ha. of bl.
profMeioa. oT,l-7i
D. M. D0EEBT7,
FASIIIONABLS BAKUIK A HAIR DRKSBER
CLEARFIELD, PA.
b.p la room formerly ooeapled by Naoglo
M.rk.t lre.t.
Joly I !,.
HARRY KNYDEK.
( Formerly wltb Uw rkkoler.)
BAHBER AND BAIRDRKHRKR.
Sb..p oa MarkM Ft., appo.ll Coart HoaM.
A rken lewol fo. oewy ooMoaaor. may l, 'Tk.
L.I very (Stable.
Till .ad.r.lg.ed kgi In., to l.i.rm tb.pak
M lb.tb.Uaoo (ally ptofa to maa
.u all la tbo way of faraieblag H..m, BagglM,
addle Ul Haraoaa, aa tbo abortoat aotlM tmt
a naaoo.bl. tonal, IU.ld.aee aa Looaal Mm,
Wtwooa Tkird aad Foartb.
10. W. BIARHART.
Tleortrid. F.b 4, 1(74.
CLEARFIELD
VOL 51-WH0LE NO.
Cards.
JOHN D. THOMPSON,
T nit.ee of the Pun and Scrivener,
Crwcnivlll, Pa
tCollaet.oaa Beda md one prompt...
paid over, tetiw.iu
RICHARD HUGHES,
JHHT1CK OF TIIK PEACH
FOB ,
Itrcnlur Toirnthip,
Om.oI. Mill. P. n.
.11 oMri.l bnaiaw. ontratlcd to bin will bo
promptly alt.nd.d to. Koba. 70,
BO. ALBBBT BBNaT ALBBaT.u. W. .L.I
W. ALBERT &. BROS.,
Uaaufaeturart A aitaaiiva DaaltraiB
Sawed Lumber, Square Timber, tic,
StfrOrdari tolioiied. Bills Oiled oa borl aatio
and rtajonftbla tcnoi.
Addratu Woodland P. O., Clcmrflrld Co., Pa-34-1
j W AtBb'KT A RKdfl
FRANCIS COUTRIET,
MERCHANT,
Freucbvllle, i lea rile Id County, Pa.
Keepft constantly oa hand a full aaporttuent of
Dry uooda, narawara, urooenaa, ana evarytninB;
naualiy 'pt IB a retail autre, wnien win oa tota,
for eui, at ebaap M alaewbera In tha ooantjr.
rranch villa, Juaa S7, 1H7-Ij.
THOMAS H. FORCEE,
DBALBB IB
GENERAL M KRUH ANDIsE,
GRAIIAMTON, Pa.
Alio, .lt.niir. Bi.ntfartiir.r and d..l.r In Pquar.
Tiaili.r aad 8iw.il Lumber of .11 klndi.
a-Ord.r. lolkltrd and all bill, prompt!.
Il.d. fJJlOTJ
REUBEN HACKMAN,
House and Sign Painter and Paper
Hanger,
Clearfield, Pe
ffA..WIU .leocte job. tn hi. line promptly .nd
la a workmanlik. tnannar. nrr.,.7
G. H. HALL,
PRACTICAL PUMP MAKER,
NEAR CLKAKF1K1.D, PENN'A.
r-Pumpa alw.ya on hand and made to ord.r
un .hurt notion, ripea borvd on reaaonatile term.
All work warranted to reader ..tlif.rlion. and
d.lir.red ir d.alred. aijlijjpd
E. A. BIGLER L CO.,
DRALBtta 19
SQUARE TIMBER,
and tn.nuf.ctur.ri of
ALL klMI)tl)I'A I l l.l'.IUI.H,
7'7: CLK4RF1KLU, I'KK.VA.
JAS. B. GRAHAM,
dealer In
Real Estate, Square Timber, Boards,
8HINULES, LATH, A PICKETS,
:lfi'7S Clrarlteld, Pa,
WILLIAM M. HENKY, Justice
or tn a Pbacb Attn tjcNiTRNaa. LUM UKH
0ITY. Colleetiona inado and atone; prom pi ly
iraid over. Artielaeof auroement arl dU ol
'nvoranoa Boatly axaeated and warranted for
rati or bo ob ante. x-ijjr i
JAMES MITCHELL,
PB.LBB IH
Square Timber k Timber Landa,
Jell'7! CLEARFIELD, PA.
JAMES H. LYTLE,
In Krataer'a Building, Cleat field. Pa.
Da.lw la Oroo.tl.a, Pru.i.looa, V.geUblea,
Froite, Floor, tfi, .t.., rte.
prK'7e-tr
WARREN THORN,
BOOT AND SHOE MAKER,
Market ft.. Clearfield, Pa.
Ia lb. .bop Ut.ly ooropied by Frajik Sbort,
oa. dour w.at or Alleghany llou...
JOHN A. STADLER,
BAKKH, Market r)l., Cl.arlcld, Pa.
Fmb Bnad, Raak, Rolbj. PI.B and C.ke.
oa hand or ad. to order. A ..n.rJ .aaortia.ot
ot Coiit.etioo.ri.a, Kruil. aad hula io atovb.
Io. Cre.ai and uy.t.ra In re.aon. palooa ac.rly
oppo.lt. tb. Hu.ti.ffle. PrioM moder.1.
M.reb IV-'It.
J. 11. M'MTJRHAY
WILL KIUTLV Villi WITH ANY ARTICLE
OF MKHCIIAND1HK AT THRVKHY LOWEST
PHICR. COM K AND bKU.
H:6:7y!)
NEW WASHINGTON.
MAKBI.K ANUt.TOIkEY.nl.
Mr.. . . 1.IKDKI L.
Il.ing.ng.g.d la tb. Marlil. bu.ior.., a..ire.
l latorai tar Iriand. aad tb. p.blw IBM b bu
auw .nd will keep oonlnily un b.nit . I.rg. .nd
w.llMMtl.loekol ITALIAN AND VKRMON1
MAKHI.K, and l prrp.rwl to r.rm.h In oritw
TOHI11ITONKH. H'lX ASH (,'MADLK TOMU6,
HOM MKMd, A.,
to. Yard OB Head alra.1, Bear lb. R. R. Depot,
Cle.reld. Pa. JeU,7
8. I. SNYDER,
PRACTICAL WATCHMAKER
aaa pbalkb i.
Wulehoa, Clticka und Jewelry,
tfro.na.'. Aom, Mark Arri,
CLBAKCII I I). PA.
All klndl of repairing- la my line pra.pttT at
ended to. April 2, l74.
WHOLESALE UQUOB BTOBE.
At tbo end of the new bridge,
yWt CLFAHFIKLD, I'A.
TL. proprl.tor of Iki. Mi.bll.hai'Bl will bay
ki liquor, dlroel rrom oll'lller.. P.ttio. boylog
1MB Ibi. boUM Will b. .ur. IO get a pB'O Btlielr
at a .mall margin abovo euet. Hotel keeper. ..a
t r.rnl.bed wltb llqoori on rra.on.bio term..
Pore win., and brand!., dlnot from fr.l.y'l
VlB.ry, at B.lb.New Y..rk.
UKOHUR Ft. COLBl'RN.
Clwrlald. Joe. In, 1.7. If.
MITCHELL WAGONS.
The Eest is the Cheapest I
Thomaa Rellly baa r.eled anelh.r large lut.f
"Mitcbell Wagon.," wblrB are among ina eery
ben m.naiactui.d, aad whleb b. will Mil at lb.
molt ro.ron.blo r.:e.. Hi. .lock Include. .Itnuat
all deoeripttona ot wagoa-largr.nd am.ll, widf
and Barrow traea. cbii an to.e..
.pra'74 TIIOMAH REILLY.
ANDREW HARWICK,
Market at reel. Clearfield. Pa.,
MABUriCTbBKB .KB BBAl-BB IB
BAIINKP8, SADDLES, BRIDLE", COLLARS,
aad all bird, of
HORst riHKisiiisa ooods.
A full Hoeh of Peddlerl' Hardworo, Broib..,
i.e.k.. Ht.okotiL Kuboo. ote alwora oa bead
and for aal. at tb. lowoat ab prim. All biad.
tl rrt.alriag promptly aitondeo to.
All klad. of kid.. tokoB ia ...barge lot bar.
B.m and repairing. All biad. of born... Iratb.r
b.pt oa band, ana for .i. at a im.n prooi.
Cmarlold, daa. II, l!4
TJNDERTAKINO.
JfaQm.
Tk aa.l.r.tgwed are aow fally preparad to
aarry aa tba builaaa. at
UNDERTAKING,
AT REASONABLE 1ATR8,
Aad r.peetl.lly aollell Ib pitroa.g. of IkoM
BMdlng neb Mr.lcM.
iOIIN TROItTMAN,
JAMIS L. LAAVY.
Clearl.ld. Pa., Frk. It, 1(74.
TUwTICM' timTALKa PIB
y w. .... prtatoa a mrga aaaaomr w. '
Fll BILL, aad wlU oa tka raoohyt e Iwomt;
tro aaata, m.ll a ? I a. addraea. F"
2,501.
THE ELECTORAL CO UXT.
rpeeciI or
HON. WM: A. WALLACE.
Delivered In the United Hi. to. Venale,
January Hlit, IH71.
Mr. Wollncc. 1 offer a romilution,
wliicli 1 ask to linvo read.
Itettilftd, Tb.t tbo .peri.t oommltlM oa enun I
Ing tb. .Irtorol vut. b. io.trueied to i.qutr. and
et'iTt totb. bcii.l. upua lb. lulluaing prupu.l
Until :
I. Elector of Prraideot of the Tnlted Stalea
are a pan of tbo maobiaery of tb. Federal Uur
rnm.ut. I. Tbe power to appoint th ta Ii Ib the Slatra.
to I e i lerriM-d ander lb. rrrlrletioo. .nd guuran
lee. of tbe F.derol Conititution.
8. The puwor to neeertain wbu b.l hren oleeled
rrrrident end Ire 1're.iileut of th. United
St.tra by .oonling the elrrtoml rot. I. a qoa.t
jouieialoBo, and rarrie. witb It tb. right Io ia
quire and dtrid. wliol or. vol...
4. 'J hi power i. io lit. two lloua.i aetiog eon
currently imleii.n dent bodie..
k. EeehHooeemey rl.mlnebolh fact, and law
to .a.l'l.tl to determine the qoortloni:
1. Ar. tbo return, of th. electoral eollegei bc
for. Ihem th. true roturn.f
I. W.rlbe vote, therein bwn to be e.it elven
by tbo.. .ppoinled by th. bt.to to th. ottioa of
elector ol Pre.nt.ntut tb. United HtMte. F
3. W.i th. appointment of elector, mad. and
wear ID. rote, com ib acconlanc. wlib tbe pro
.t.loni .nd guaianlev. uf tb. Federal Comlitu
tion? 4. lb. rtrtlflc.te and real of the eiecoti.e aa-
thnrity of th. Mat. ai.de under the .ct of Con
grc I. pifatn eie proof of the appointojsnt of
en .it'Ctur by tl.e Mate, i nla wode ol proot may
o. overlbiown bv the deeiih.n of th. high. it iu
dicial iriliBiinl of the proper Stat, or of the
init.il Mitel, or It m.y be oootradieied by on
dmc. at plain miair1?. . r p.lpaol. fraud.
7 U lna twotolurni uoiuo from a Bute tbo
loo Hi.u... acting ooncorreatly mult dolormtoo
which i. tb. tru. retain.
4. Nu eleeloral vuto ran bo eoualed without
the roocurrence ol bo b llou.ea.
Mr. Wulluco. Mr. I'rinitlont, tlioao
reatiliilitinii vmbotly v.-hut 1 believe to
be tlio luw coiiuvllinir Hiu countiiiii ol
tbe eletiorttl vole. To uncertain wintt
the C'oiiHlilutioi), Inwa. anil tireceilentH
eKlnlilinh upon tlutt subject is my solo
oltject in present)!)!; tnem and in cn
iltHVoiiDg toelicil uiHcussiiin tliereon.
hen we Bliiill liuve sellletl tins, our
pulh ol duty ia a pluin one. Luw and
justice nitifl ckhiidI and direct our
voles. J but a stile path may be (bund
in aicoiil.tiice wiik llieso, I do not
doubt. Wlicn it is limnil, piirliiun bitto
uml persomii unilitlion niiisl ifive witv
belttie llio biub duly of obedience to
luw.
I shall tint attempt now to eliibornlo
all ol' Ibu proposition I huve mtidu.
My (lesiiD Is to Ltt tbe thotilils in
concise lornt und lorroup around tbent
the arguments in their litvur.
I hut electors lor l rcidcnt ol the
rnilcri Siutes are a part of the ma
chinery of tlio Federal (iovernntenl
needs on prool. 1 hey came into exis
tenco Willi it und their Itinetions relate
solely to its perpeltiulton.
J he power to uppouil them is civen
to the Suites by the Constitution, nod
the minuter ol their appointment is
left Io the control of the Lcirisluttirca
nl the Suites. That this power and
comrol cun bo exercised so as to con.
Hil l willi tlio provisions ol the Federal
Constitution will scarcely bo contend
ed. That instrument is the supreme
luw, li ml in tins matter its in all else in
which it muy conflict with Stutu au
thority it is tbe weiirhtior. Of tho re
strictions imposed by t'ie Constitution
upon the Mates and tho eleclorul col
leges the lurtiiiiur one they cannot vote
lor an alien for President is sufficient
hero. Ol tbe guarantees it is siiOicient
to name thut which gives to each
Stulo electors equul to the whole num
ber of Senators and Representatives to
which sho may be entitled, so that
while in tho House of Representative!
and upon tho popular vole Rhode Is
land and Delawarocach stand to I'enn
sylvania in tho proportion of 1 to 27,
in the electoral colleges they stand "
the proportion of 8 to 29. Thai tbe
number of vote in the colliy "ball
bo as fixed by article 2, scclim i tlatise
2, is guurunleed by this provision, and
tho States can lawfully appoint no
more.
In tbo third proportion, which ia
that "tho power to ascertuin the pop
ular will by cinnl'iiK tbe electoral vote
is a quasi judicial one and carrieg with
it by neceswry implication tho right
to itiqniio and decide whut are votes,"
1 ciine in conflict with the views ex
pressed by the Senator from Iowa
Judgo Wright in big speech of the
4lh i.istatil. lie said:
t'nder no eonilrueiioa, a. it aeem to me. eaa
it Ik eloliBcd that Cuegrei. iB any .opacity leer,
tulitj not to ibi al'.encof legiil.livn) haajudi
cl.) power, or any atber power Ibao to Inquire
and drclaro wb.t the people, through th.ir elee
tun, oa the t.co of ibo r. turne have laid ai to
th.ir eboico fur rrnident. la laji.g tbia I do
not kM eight of tbe different theonei a. to bow
thli rr.ult I. to h. reached od who Ii to deel.r.
it. I am euffioUatlf undcretood (ur my proeoot
puriow, I bope, when 1 repeat ib.t, in tb. ah
.enr. ul .nine law, there la no power to iave.tl
gMtc.tid determine . bother Iher. wai fraud in
ll,l. bt.ta orthiit; whether th. Hl.t. law w.
w:. ur unwie in providing for lb. urgaoiclion
ol Hi returning board, t whether a hundred mea
or a Iboaiand there would bare Voted differently
i at lur intimidation, eorrot tioo, violence, or
tiBUd ; wneiber tbe returning or euuvaeiing
board or tribunal fa the Hialo roaehod the true
leialt trum all tbe lacu bolur. Ib.iu, or tbe Ilk. .
fr, whatevar any una m.y think . to any of th.
other power, of th. pr..idlog oflitr or ol III. two
Uuatt. acting ie,,.rlely or lug.ih.r. tb. law, a.
g.tb.i.d trow lb. almot, 11 uwt quite, oubr,.kea
priri.nt. fiota tb. t.ry fuainlotiuu ul tlio llov.
trnmeat, wuuld t.rly Mem to leach thai our
uwir. or. put. i) mikineriel, not at all Ju.ii.ial.
ll 1 correctly understand the doe
li iiks here asserted, they are, 11 rat,
thut no power exists in Congress to
determine "in counting tbe Vole"
whether tbe Stute in its uction hua vi
olated tbe Constitution of the United
Slates; second, that Congreae in exe
cuting its power to ecu ul the vole has
no judicial or quasi judicial power, but
thut this is a power purely uiinisloriul,
and thut by rcuson theieot Congress
cun neither act upon any authority
necessarily implied from the principal
power vxpiesnly given, nor reject uny
return lor pulpitble fraud or pluin mis
tuke. Are these doctrines sound f The
tribunal (whatever it may be) which
counts the electoral vole must, from
the Very character ot its duties, inquire
and judge of alleged infraction! of the
Federal Constitution. Suppose that in
tho joint meeting a Senutor objects
that the vote of a Stute cannot bo coun
ted for a candidate fur ('resilient eitbei
because ho was not a "nutural born cit-ir.i-n"
or because he was not thirty
live years of ago, or because he had
not been a resident within the United
States for fourteen years, must the
vote still be counted or must the ques.
tmn bo met and settled T How met?
By debate or by judicial inquiry T Are
we not compelled to inquire, deliber
ale, and judge 1 Or suppose I bat it is
alleged that i-leclnrs upppoliilcu by
the State were at tho time of their ap
Hiinttncnt members of Congress, pel1
sons holding oRices ol trust or profit
under the United States, or who had
been in rebellion ami wore not reliev
ed, or that tho electoral college did not
meet in Us proper State, or that it did
not vote by ballon, or on tho day fixed
by law, or that it voted lor cittretis of
ila own State lor bulb President and
Vice President fin each of these easel
question! of fuel are involved and must
be decided, i aKo the case ol iiieure
gon elector now undergoing investiga
tion. W hat is ibu T la it a mere min
isterial duty or il It not lb essential
nrellmloary to the application of crm-
ititutlonallaw toajiven tUUsflaeUt
CLEARFIELD,
Snub a proceeding is the highest exer.
eisH of judicial inquiry.
In all of the cases cited, indeed in
every caso ol alleged violation of the
rentruints imposed by tbo Constitution,
either us to a choice of electors or as
to qualifications ot omciuls voted lur,
there is a chso for judicial und not
miiiisteriul action. 1 hu guarantees ol
the Constitution, if violated, may bo
inquired ot in ino samo ntunner. ll,
for instance, a Stutu by its stututes or
through its returning boards rutuses
by reason ol his color to Certify that a
colored elector who hud a majority
was chosen, could not the tribunal to
count tho vote muko the proper inqui
ry and correct tho wrong? Or if a
Slute has by its laws undertaken so to
constitute its election tribunals as to
nullity the proviitius of the Constitu
tion giiuruoteeitig privileges and im
munilica to citizens of the United
Slates, is their to he no remedy ? Must
tho toio still ho counted I Or ll tho
Sluto sends one return and in its trans-
mission to tbe President ol the Senute
another and a different one is stibntitu-
ted, must the lutter be counted? Or
if between the act of the people in vo
ting and the opening ol the return by
the President of tho Senate there isin-
turposcd under Stato law a tribunal
without responsibility to any power
and above judicial control, which, vio
lating the guuruntees ol tho Constitu
tion, deprives the man chosen ol his
luce as elector and su Imt 1 1 u tes a not her
in his room; or, if pluin mistake or
pulpnble fraud be shown to exist in
the paper upon which tho tribunal is
culled to act; is there still no power
tmiiiquiio and decide? Such un or-
gunir.ution would bo constituted to nul
lify the popular, will, and not to ascer
tain and declare it?
The power to eon lit tlio Tola is given
in express terms. II Congress bus Ibis
power it is to judge of thu means proper
to reuch thu end sought. Those means
aro to he legitimate and necessary to
thai end, end must bo necessarily Im
plied from the churucler of tho power
conferred. Alt of these instances in
my view imply the necessity for other
and higher power thnn mere miiiis
teriul uction. The enuctment of an
act of Congress might be, and proba
bly is, a just nieuns Io simplify the
niuniier id' reaching the end sought;
but I here is no act of Congress llnit
can be druwn thut will cover every
fuse thut may arino, and relieve the
tribunul vested with power to count
tho vote Irnm a noccssity lor the exer-
ciso of its judgement and discretion in
such a contingency as is now upon us.
Our sulety now consistslii tbo pulriot-
iim, sense ol justice, and obedience to
law ol the two ilotises and ol the peo
ple.
Ibo two Houses of Congress are
vested by the Constitution with thu
power of judging of tbe necessity and
means to bo used in several iustuncos.
1'hey may admit now States. Con
gress alone can judgo of the fitness of
the Stute or ol the character ot lis con
stitution. Itnisydeltherale and judge,
reject or admit. The writ of halifttt
corpus may bo suspended.' ( "ingress
must judge when "Incuses of rebellion
or invasion the public suMy demands
it." It may deliberate ana juugc, sus
pentl or refuse to in.Hintl.
Upon this subject I cannot do better
than to quote faattnso tho language
of lion. John -Sergeant, ono of Penn
sylvania's tost gifted juiists, in tho
Missouri so in lM.'ll.
I hav .aid that it i. dorogatory toth. aathor
lly of 0'Ogr.iii .nd wholly Incon.i.tetit with lb.
I.no of 1" td.o. and oapaciti.1 to .uppoa. tbat
il n merely to perform tbo humble mifliiteriaj
iilAco of openlug tie door, opon demand, fnr the
ndmimloaofaHiabLwitboatBay dl.cr.tion what
e.r. No io.t.noa en b. found wher. th. Con
stitution hal a..tgn.d to tbe legialatlio power the
porformanoo of iuch a duty. Tho. eo.. trued tt
i. aot a power el .it. i n. eo.o. ibri Bare aeon
pot are ia no re.pcet aoolognoa. Th. power of
t'nngr..., apoa tbo death of tbo President aod
Vioo Preeideut, to dcelar. wh.t ofltner .hall aot
a. Pr.eid.nl of tb. I'nlt.d St.t.. I. a vary high
pow.r. involved in it. ..rrola. mock diMrclloB,
a dieeretien ooiomrii.urau with varlou. .ad im
portant tto.l. cooSded to the Chief Megi.lrate.
It ..a wilb Bo propriety b. ..id to b. aitaia
trn.1, and ill being depoaite.l wilb C"ngr.w u
:h. Mrong.it proof ol ih. eonfld.nco r.poied tn
tb.t body. Tb. office of cunniing th. ballot,
upon th. election of Preiident.ad Vice Prraiiient,
.iuiplo a. I. m.y ...in, and oa.y ai tn ordinary
caee. it ie, ii n.i-.rtb.leii an ufnr of iinponant
trait, .nd iaeludlng aom. Judicial diMreli.a, ai
w.11 aa a moat ..riuu. reap'ruiibilitr. Il I. . St
offio. to b ..eoutcd ly th. highlit body in iho
nation. Ttf. power of tmfro.ebment I. aot mln
iktcrial hul a judicial power, aad it b"log. But
to CongreM, but tu a .ingle breech. Th. ..m.
ramark appllei, with equal fnroo, to tbe right
which each braocb poeweoei of Judging of th.
.leetioa and returnl of iu oioinneri, a Ju-llrinI
power, ioeideot to every body ootapuied of oloo
nve delegate!, and aoeof tti iabereat privilege..
Io all ibeee aie), howrv.r, ll m.y aot bo amior to
olilervo Ib.t the Cunllitutlua give, oulv th. prin
cipal power. The in.id.atai power., .oob a. Mod
ng lor pereon. .u i pup.ri, .iiiuruiog in. aiienu
iuuo kt wiloor... aud lb. like, are iioplied Iroia
ibe iirlneip.l grant.
The louiih proposition, which is:
"The power to count the electoral vote
is in the two Houses ol Congress act
ing concurrently as independent bod
ies," muy be sustained by ihree claeses
ct arguments: those drawn from tho
structure of the Government, those
drawn from the wunis of the Consti
tution, and those drawn from the pre
cedent. J he two Houses are the
best lilted to perform this duty, for
they huve local knowledge which be
comes vuluublu lor prolet-tiott of the
returns I rom wrong and fraud. The
duty lo be porldruied is a high and
important one. It is lite recording of
the popular will. Without its perlurm
uuce Iho government would slop and
anarchy eusiio. To the Congress are
given all of the great powers ol the
Government. It can make laws, de
clare war, tax tho people, and raise
unities and navies. To the Vice Presi
dent, aa President of tbo Semite, the
Constitution denies a vote in the lioily
over which ho presides. Which is the
more likely depositary of such a power?
Tho votes to he counted are those for
President and Vice President. In tho
event ot a liiihire to elect the former
tho Mouse is given cxclusivo power to
choose. Un a failure to elect tho lat
tor tbo Senate electa a Vice President.
Such extraordinary powers given in a
contingency which may arise demon
strates that tho two bodies woro to
tfellior to asocrtain the popular result,
then to act separately if the necessity
arose.
Tbe two Houses are equal in power.
(Article 1, section 1.)
Congress determines the timo of
choosing the electors ana the day on
wnicn iney give meir voiea. i atu
ele 2, section 1, clause 3.)
The Senate and House are present
when the Totes are counted. (Twolflh
amendment.) W by are they present ?
In order that the House ma), by its
own mporvisinp and count, determine
ihe necessity, il one exists, tn elect tbe
President in order that the Sunalo
may in like manner determine the ne-
vebsity, if one exists, to elect tho Vice
President.
Senators and members aro there to
protect the Interests of their Ststos
snd s?ople and prevent false counting
or fraudulent action. A re they present
lor no purjioM r Are uioy Idle spec
tators, powerless to prevent fraud on
Ilia people tbey represent T A power
to count ths votes, which Is the power
to direct and control ths count, If giv
I
i
PA., WEDNESDAY, JANUARY 17, 1877,
en to some agenry'of tho Federal Gov
ernment. If it is given lo tho Presi
dent ol the Senute, why is not the lan
guage "shall oen all the certificates
und count the votes ?" Tliic would he
simple and direct ai well as conclusive.
But the lungunce used gives him power
to open certificates und goes no fur
ther. Tho potter expressed excludes
tho grunting of the other. lie is not
oven made tho presiding nfliccr of the
two Houses when they meet. Tbo
Senate is there with its presiding ofll
cer us a Semite. I ho House is lucre
with its presiding olliccr as a House.
There olllcials art) there under this
clause of the Constitution with cqnul
power, except that the President ol the
Senute hus the custody of and is to
open the certificates. A presiding offi
cer lor tbe joint meeting can only be
provided by tho nrccmeiit of Ihe two
Houses in advance.
If a President pro tempore of the Sen-
ale can "count the vols," does ho then
exerciso bis own power or that of the
Senate Y 11 the loincr, an official
whom the Seualu can at any timo dis
place is in this mutter greuter thun
tho body thut create, him. It follows
that if a President pr tempore who will
not obey tho Senate be in the chair
the Senate cun remove him and give
ins place to one who will obey itscom
mutids. Jle thus exercises bis own
power under the thrrut of tbe Senate.
Such an independent official would bo
an absurdity. It it be the power of
mo senate w hich ue President pro
tempore exercises in counting tbo vole
then it is the Senate that counts Iho
vote and its co-equal body is excluded
from participation. No words trivo
such power tu tho Senute nor can it
be implied lruin the luuguage used.
Iiotn Houses are present and both or
neithertlirect the count. It ia a strange
result too, it tlio V ice President, e.r
officio President of tbo Senate, shall
huve independent power in counting
the vo e while the temporary official
lias a different bold upon tho power.
The former might be a sule depositary
ol this power und a coiiaixtcnt Inter
pretation might he made, but when
we find that the language used also
clothes an ollleiul who ia not indepen
dent with such power, the argument
uguiiisl lis existence is almost conclu
sive. Tho wonls "ull" and "then" in this
cluuse of thu Constitution are full of
meaning. "Sbull oticn nil the certifi
cates and the votes shall Melt be count
ed." Quantity ol certificates and time
of counting are here placed ill order.
After all are opened counting begins,
ll is not lo open the certificates Irom
one Slute and dmpose of it, tho rest re
muiiitug nieunwhile in the custody of
the PrueiduiiL ll is not lo open one
return from a Slute and withhold an
other, but il is pluin, direct, unambigu
ous. Open all Ihe corliticulcs, luy them
beforo the two Houses, then the work
ol counting itcgins. This plain ready
ing the language makes the President
ot tlio Seliutu Ihe avenue of cummuui.
cutiotl butwown tliu uloctorul etdlegoa
and the tribunul Ihat counts iho vole.
When bis work is completed, the count-
lr,rf, o-ev. g, ami ailjtldir-fttii.ef
which by tho Conntilution are devolv
ed upon the two Houses, begins.
Iho precedents establish the fact
tbat from the Inundation of the Gov.
eminent the Senate hus recognized the
equality ol the House and Its right
and power to aid in counting tho vote.
v till but ono exception, mini 17w lo
18ti5, when the joint rule was adopted,
the Senate hua originated a resolution
inviting the Uousu to join in the ap
pointment of a joint committee lo pro
pose and report a modo of counting
the vote and declaring the result.
In every case but ono they have
acted concurrently in the appointment
of such commiluo, and acted under thu
report ol such committee in counting
thu votes. In no instance sinco 17M3
has tho President of the Senate count
ed tlio vote. This work has Invaria
bly been performed by tha tellers ap
pointed by tbe two Houses and under
iheir direction.
The theory that they must both act
is fully sellled by practice. In every
instance the Houses have separated to
decide any questions arising in the
joint meeting, anil thus they fully rec
ognize the equality ol Iho two Houses.
The remaining propositions will be
discussed incidentally in whut I pro
pose to suy in regard to the finality of
the action of tlio returning board of
Louisiana antl thu power to go behind
its action either lor violution cl con
stitutional law or lor fraud and false
hood in its returns.
Tho Senutor from Ohio Mr. Slier
man in his speech of 7th December
says :
In. memliere or tbe returning boerd are Juit I.
mneb othoerl In the perluruianea of a limited
Indicia! duly aa your Sopreioo Coart i. In a brood
er ooo, Jual a. much el a Janice ul ibo peae. I..
The Judicial power and Sutte. or tbat trlhuo.l
muit bo loipvclvd by ib. tribuuat. of tbo felted
St. tel.
And again upon tlio 8th :
Their JuJ.weel tl flout, .ad ami. o by tb.
luw. ut Loui.i.oa aod by to. Coniltlutiua ol Ibo
Clotted Si.ioe.
There can bo no mistaking this lan
guage ; the broad doctrine is asaerted
thai thu returning board of Louisiana
is a juilieiul body, that its powers and
duties us such lulls' be respected by us,
and thut its decrees are tinul and con
clusive. To clothe it ill other'words,
it is thut the returning board of Louis
iana is a court, that within the sphere
ul its jurisdiction il is to he respected
as a court, and that its judgments and
decrees are binding iijh.ii ull the world,
lleforo wo admit Ibu truth of this doc
trine and accept the Consequences Ihnt
flow therutroin, il will be wise to learn
whence comes Iho power to traiislorm
a him I'd of election officers into a tri
bunal that la superior as well to tbe
judicial, legislative, and executive offi
cials of its own Stutu us to the univer
sal theory of American election law.
What then is this tribunal, so potent,
so sacred, so conclusive ? It ia created
by the Louisiana statute of 1872, in
these words :
That lie persona, to be elected hv the Fen.t.
from all pottiloal .rt(M, sh.ll be tbo wtaralng
nan-era lur all eLciloa. la tb. gt.to, a majority
ol wbum ahall een.tllaui a quorum, and bave
power to mob tke retaras or all .meiioae. la
o.M of aay veeKOcy by de.ih, r.iiga.tioa, ar
o berate., by orrhrroflb. board, tb.a tho vacancy
bell be Blled by Ibe reiidae of tbe board of ro
tuiaiag ulnc.ri.
A board gifted witb eternal life, and
each of its nu'iiilcrs an official during
the term ol his natural existencel There
is neither limit to tbeir official terms
nor ics(oiioibiliiy to the people.
The powers of litis board are found
in section 2 and 3 of the same statute.
The first brunch of.lhe power given
by. these sections, that in section 2, is
simply to rtinroM and compile, a purely
miiiisteriul duty, similar to thut vested
in similar olliciala in nearly all the
Slates. Section 3 adda to these func
tions other and graver duties. By it
the board is vested with authority to
receive sworn statements of Intimida
tion, Ac, to proceed to investigate, to
hear testimony, to send for peraone and
patters, to be convinced, to refuse) lo
canvass and compile, and to exclude
returns. Under lbs ministerial provis
ions in section f tb returns mad fcy
RE
the board are staled to be what is nnl
versnllv true, but frrima faeit proof of
tlio right lo hold the office until set
aside after a contest according to laic.
Here are all the duties, powers, and
sanctions of authority ordinarily given
to such officials, and here too is ex
pressed and reserved tho right of tbe
luw to adjudicate upon their finding.
Hut w hen we tako up section 3 to
learn what powers are given there, we
find them to be anomalous, new in
character, and fbreign to our system.
A sworn stutemuut is to bo filed. iy
whom? Hy the voter to be disfran
chised ? lly the candidate whose rights
aro to be passed upon ? By neither,
but by the election officials. Tbe re
turning board are to investigate tbo
statements ot Intimidations, Ac., and if
from the evidenre of iuch statement they
shall be convinced that there was not
such intimidation. Ac, as to materially
change the result of the election, then,
and not otherwise, they shall canrass
and compile the voles named in the
statement. Riot, bloodshed, and murder
may surround the election polls, peace
ful citizens may be driven from them
and tbe will ol the majority bo defeat
ed by violence, if the statement of the
election officials fail! to disclose it, or
the board aro not convinced by what
il contains that such was the fuel, the
votes are lo be counted. True, the pro
viso to tbe section with great show ol
fairness, but in order more effectually
to foreclose invest igulion, provides thai
a candidate may huvo a lieoring betoro
the board. In that hearing tho only
instruments of evidenco are the state
ments of tho election officers. Such a
hearing is a mockery of justice.
These provisions, as 1 read them,
give to the board the power to convince
every ono that the election was pure
and I'reo and that nothing occurred to
materially change tho result. If, how
ever, tbe board is not satisfied that this
was Ihe case, then tbey shall examine
further testimony and may send lor
persons and papers. If they bIhiII then
be convinced that intimidation. &e., did
occur and materially interfere witb the
Ireedoin ol tho election or prevent suffi
cient electors from registering and
voting to niuieriully change the result,
then the vole shall not be canvassed,
hut shall be excluded from the returns.
Thu statements of the election officers,
it will be seen, are still the substantial
accusal ions against tho poll, but other
testimony may bo examined. 1 hu
hoard are thus vested with the right
to hear the charge, (the statements ol
the election officer.,) to examine wit
nesses, to send liir persons and papers,
to be convinced that there was intimida
tion, to judge of its materiality both as
to interfering with the freedom and iib
to changing iho result, and upon such
judging to exeludu tho poll, ll must
be admitted that these are judicial pow-
era. J hey vest the tribunul wilb
power to hear something, to judgo alter
lieu ring, and to execute their judgment.
Is it a court or is it a returning board ?
hul do those who sustain Us sutlior-
ty claim it, to be ? On pugo 175, of
Document No 2, sent to the rtunato bv
the President, 1 find Judgo U. J.Cnmp-
lo.ll ol ll.. V.nnk ell--L,. .-
Orleans, in bis letter to Mr. Garfield,
speaks of il thus :
It will be seen that tbo.. Be. relorolng oBloor
ore aelther a aaaeaaaiag bo-ed aor a rolBroiag
beard ; and, tbrrelor., tncr. II 1.0 analogy bel weeo
tbotr paver, .od foneliaae aad thus, of movom-
tng board, of other siatee. These ffve officer!
era tb. returning oflleer. of Ibe Biata lur all alee-
liwoe. Tboeo are au retaras, aad eaa bo eone, of
y eleciiun, but tbo relurna wbiob Ibeecofficr.
m.h, la tb. v of tb. law they are preMtel at
ONOb poll. 0 o I i, I., eeturei ef the.
Bv. onicvrl, .od Ibeee alone, wmeb, BBder th.
law, eoB.tltute tbe anew ocfi evidence of lb. re
coil of the eleetlea. Tbeir power to inquire ioto
aod determine tbe result ofvloleaeo and lutUuida-
lioe wbero alleged Is aot Ibe Lower of vuaatiBg
out or ooaoting in vole., but tb. pow.r to d.eid.
whether elleged vote. ar. vole, or aot ; II la tb.
power to oiamioe into oca wber. bb .lection ha.
alrvady been Bulliffed by act. of viol.nee, and eo
forth, .nd If th. nollity la provod .wurdio. to
low, to .aeertaia aad decl.ro ihat aulliiy.
The Senator from Ohio Mr. Sher
man and thoso who unite with him, in
their report in tho sumo document,
page 5, speak ofll in this Innguage :
Nut ooly ll tha Bclloa uf thi. board lBd.p.nd-
ut ot tbe Smt. or o.tional low. other tbea ihuie
of Loal.l.nS, but III dei.rmio.tion of the vol.!
eo it .ad eaadidotee oleeled I. Bool and latMiaa-
tiolly eonelu-ivo, a. ftppcan from a deei.ioB of
tb. guprt-m. Cuurt of that Stato, reported in lb.
twcaiy-3nh vueumo of lao Louioaoo Aoouol Ko
port., where III. eoutl, p.g. 2rS, e.y I No .Ut
ate oonfevnng upon tbe ouurts tbo power to try
tales ol eotilesled election! or title to uaico author
ise, ihem I. reviM th. .etioa of lb. rluraiog
bond. If we wr lo aeiemo that pr.iog.tlv.,
w. ihoold hav. I go .till lortber, end reviM Ihe
returni of lb. supervisors of elections, stamina
tbe right of volar, to vote, and, ia ibort, Ibo
eourll would become ta regard to urh c.mi mere
uglcer. for couating, eonipiting, and reporting
auction rcturoa. Too L.giilaiura bel leea prop,
er lo lodge ibo power to necide who ba. or boa
not booa .leclcd ia tbo returning boerd.
It wight b.v. conferred that power OB lb.
eourtl, but It did Bot. Whether the law b. good
or bad, it il our duly to obey II. provilloae, and
Bot to legkilet.."
tiieul reliance is placed upon this
decision of the Supremo Court. I da
not regard it as milling lo the valtto ol
the powers grunted nor giving moral
strength to the power assumed. It
was delivered lit' a divided court. 1 he
judges assenting to the doctrine wero
Chief Justice Ludeling, Justice Talia
ferro, and others.
Of Ibe character of at least the head
of ibis court, we may judge hy wbul
Mr. Justice airong, ol the supreme
Court of the United Status, savs, in the
opinion of that court in the caso of
Jackson c l.udeling, tn 21 Wallaces
lleportg. At page 621, alter describing
a combination of which Mr. Ludeling
was an active member, ho saya :
were tber. aoihiog m.re la ton oim tb.a Ii
a.rr.1.4 by ib. brief binery Ihui gtv.o, which is
etiuuntradioted, It woald bo diaViull to oaaraotor.
ia. Iba transaction as anything le.. ,lbi.B a groat
wrong H-rpetral.d kg l.c opency . ttpnt fyrmt.
Again, at pages 628 and ti2!), alter
discussing the agreement entered into
between " Liudeling, lor nonsuit and
friends," and J. N . Homo, J udgo Strong
ys :
It I. lamnliibl. to .h.rocterlH tbll .gr.m.al
ai anything olo. tb.a lr.adol.ak It. obvloo.
purpo.0 w.. lo remove eompotitien .t th. aal. ll
wai a flagraat brfarb of truit oa tb. part ol Horno,
aod It wai a w.d fa LmMimf wlib kaowlodga
of Ibe treat. Ilorue bad audsitakoa to porauoile
bim lo viul.ie hi. Inelruelioa. aod oaeriBro Ibe
later..!, ol bis ooaettlaoote.
And again, at pago AMI, after stating
the combination to defeat a sale tor
t&uO.bOU in order that tbey might buy
llio property lor su,utiu, j udgu strong
saya :
ft Is Impossible le la.t.la ueh a traaisetloa.
Throaghuut It was groasly raMuttobl.. Ludeling,
it I. iruo, was aot aot a direotor, bat bo wo. .
feeding member of tbe embia.linn and in ebiet
g.at le Mrry oet it. pi.a. it. i aeo it. pur
pose.. He baew IU illrg.llly. He k mI Begone
led Ih. surrender of llorao with tell auowledgeol
Uurae's breech or trust.
And at page 632
The defendant, eaa Uhe aotblng fmm sack l
i.le the. mad. Were we to leiteiB It w. .honld
sue! leu g'eol moral aad legal wrong, gtvo ea-
eoataaement le l.tihlvfiri.ii 1. train .nd eon!
deaao repor.d, and eeaaloBearo .MnbiaorVoo. to
w ... ey i.eo.e. low irom ta. aanormoa aea
evBSdi.g their Jeit rights.
Such ia lbs picture drawn by a just
judge of the personal conduct of the
neaa 01 ine court wnose ueeision ia re
lied upon as esloping the people of tbe
United Slates Irom an inquiry into ibo
conduct of a returning board in whose
sclion they are all interoated. Ia it
strange that tha forms ol' law aro now
sought lobs used u cover wrong when
we n gard lb mighty interests at stake
and tb past records ol those who wield
power in leoalstaa f.
PUBLICAN.
NEW
We are thus brought face lo fuee
witb tbe fact that there exists in Louis
isna a tribunal winch its cotirtsjind its
laws soy has absoluto power over the
returns of elections, from whose decrees
there ran be no appeal, ovei which no
court, either of Louisiana or of tho
United States, has supervisory control,
and w hich can, antl in tbo present issue
has, assumed to adjudicate tho results
of the Presidential election. If it be
true as asserted by the Supreme Court
01 Louisiana that tho whole power ot
the highest legal tribunals in the land
is superseded und subordinated by this
oonru, within the sfibcro ol its iitriMlic-
tion ; if it be true than ten thousand
citizens can be disfranchised by its de
crees without a hearing and without a
remedy ; if it bo Iruo that it is gifted
with power not only to try, convict,
and punish in their ahsenco those who
bave been guilty of riots and intimida
tion, but also those who have neither
participated in nor known ol ilsperpo
tralioii ; if il bo true that those whom
the people bave chosen to fill tho offices
of tbo State are concluded without a
judicial hearing, and that a tandidate
lor elector or President chosen by an
apparent majority can be returned do
teated and theie is neither a contested
election nor a review by judicial author
ity tor his relict, then it Is lime to in
quire as to the grounds of our reliance
uion a government ol law and to learn
whether the guuruntees el the Federal
Constitution mean what they import.
1 cannot agree either that tho Louts-
ana returning board is a court, tbat its
decrees are conclusive, or its judgments
final, but 1 do believe and affirm that
its assumed jurisdiction und authority
aro contrary lo the theory of our insti
tutions, antl-American in principle, anil
that they violate tho plain letter of the
rederal Constitution. In no other
State in tho Union are the acts and do
ings ot a returning boartl held to bo of
absoluto verity and conclusive ol their
correctness. In every other organiza
tion of the kind in tho country their
duties are held to be ministerial, or, if
qnusi judicial functions are vested in
ihem, the right to review ot their ad
judications is reserved lo tho courts ol
luw through a contest, or to some other
hotly vested by law with tho power
and the means to tiuss iudieinllv lllion
Iho questions involved. Kelurmng
officers are mero registers of the popu
lur will expressed under tho forms of
law. It they bo constituted also a tri
bunal of the last resort both as to facts
and law, they are aro vested w ith pow
er lo nullity that w ill al their pleasure.
from being its mere conduits they be
come Its judges and its tyrants. From
being the mentis ot its littihtul expres
sion they may becotno the irresponsi
ble agents of falsehood and wrong.
Dure wo trust tho ballot lo the ro-
turning board utterly uncontrolled by
tho judiciury ? Is thero safety any
where ll it bu not found in this super
visory power ? What will beenntu of
tho sense of security that ail feel when
our bloodless lovolulioiis have passed
that the return is tbo truth, or the
aw, wielded by liiitbtul judgita, will be
IllVnkoil hy lluian inteculrt.! ,ei moke it
-.to ia tbia nob the very author
of tho election system ? Can wo dis
pense with it? Will not the result
which the action of this returning
board fastens on the country be tho
entering wedge to our destruction
the leprosy thut will inlect and lainl
the whole body ? Such an innovation
as this, with such results as hinge upon
its action, will speedily demonstrate
that returning boards, with absolute
power over both law and fuel, and the
ballot, cannot exist together in a free
Stuto.
Upon the faith of the people, upon
their Implicit and unheslilaling confi
dence in the popular vole as the truth
ful representative of the popular will,.
depends the life of our institutions.
The theory pi our government and tho
noiseless working of its complex ma
chinery both depend upon thetaituwe
have 111 this great leading thought.
Tuke Irom tbo liirins of expression of
the popular vole tho safeguard and
protection of judicial scrutiny,and faith
will have departed with them. Politi
cal and judicial duties tit but ill upon
tbe same person. The return and the
certificate flow from the rapid and
superficial count of the returning offi
cer. The tests of their truth and of
their effect belong lo the slower, cooler,
and more cautious methods of tho law.
Tho tormor is prima facie ; the latter,
when completed, is conclusive. The
former accepts lor truth that which
seems to be truth ; tho lutter receives
complaints, hears testimony, deliberates,
and judges. The doctrine ol the con
clusive effect ol Ibe judgment of a court
finds its reason and Us origin in the
fact ihat ihe party must he heard Im
I'ure be is condemned. This protection
hits been the properly of raco since
llugna Charla. to condemn without
hearing is tyranny. Nor can it be ar
gued thut under this statuto those who
lire judged aro given a bearing. Hero
are none ol tho vitul essentials to such
tribunal as those enumerated hy
Chief Justice Wuile in thu most recent
case. Docs il anywhere appear "that
ample provision baa been made for the
trial of the contestation beliiro a court
)f competent jurisdiction ; for bringing
Iho party against w hom tho proceed
ing is hud belore the court and Iiolily
iug him of tho caso he is required to
meet ; for giving him an npMirliinity
lo be beanl in his defence; lor deliber
ation and judgment of tlio court ; for
an appeal from this judgment to iho
highest court ol tliuMnte.aud lor hear
ing and judgment there ? Where are
these guuruntees ol judicial fuiriicss in
this case ?
Tho board itself is unfitted by Iho
character of ila composition to give an
impartial hearing or a Just Judgment.
Tbe end th law seeks to attain may
be a just and proper one, but in seek
ing il great tiindamonlal rights are
'Justroyctl.
No freemaa ib.1l be Ukea or !mprl.ooed,ordl.
id of bu Irv.kold er liberties or tree euelomi,
or be outlawed er called, er any eiborwiie do.
slroyed t aor will we pan epoo bim or oobiI.iob
him but by lawfal Judgmoat of ku peer, or by
bo law of Iho Und.
These rights aro aa broad as our
country. . lhcy go with our raco into
every clime. Their inlringcnient in
Louisiana is no more possible than in
lsew York, f reemen cannot be (lis
seised of their liberties, noreondemned .
but by . the "law of ths land." "1 ho
law of tbe land" ia not a statute of
Louisiana repugnant to the theory of
law everywhere. Citizens of the Uni
ted Statu in every locality aro affected
by this statute now. its execution
affects ua all. Vested by law with
conclusive power, litis returning board
'Una court ol tlio lust resort
sweeps out ol existence ten thousand
ballots and decide in rresiuenual
election. Neither tha statute norths
board give to an elector ol the United
Stales chosen by majority th right
lo contest for bis place, 'ih lawa of
Louisiana uttorly deny tbia right. No
formal twlition or complaint, with a
Bpeciflo'deuil of the wrongs commit
ted ; no plaintiff) enrnplainant, or a.
TSMS-$2 per annum in Advance,
SERIES - Y0L. 18, NO. 3.
euser is permitted to tread Ibo poi lul.
ol this court ; no answer under outb
or in writing hy defendant or accused
is demanded ; no notico lo thoso chos.
cn hy the inujorily to apix'tir and an
swer; no compulsory process lor tlic
attendance of witnesses; no power to
punish lor contempt ; no right ol ap
peal as to mutter of tact ; liocxn plioli
tor review of errors in luw is given to
this "court," w hoso decrees and edicts
are fraught with consequences so mo
mcnlnus to the American people. Such
a tribunul is no court, it is a judicial
monstrosity. It can give no luwful
hearing. Its decrees are not bin ling.
Its judgments are not final. Its con
struciiun and powers violate every
conception ol a court as a place where
justice is judicially administered which
wo cntertuin as a people. It grasps
our rights and destroys t'tem without
a beanng.
This luw und its creature, the
returning board, so fur from being in
accord with tho Constitution ol the
United Stutes, so lur from requiring
"from us the sumo respect lor th"ird(
eisions as would 00 given to the decis
ions ot the Supremo CouraV ol the
Lulled Stutes, are at flugrant war
with the Constitution, and tbey only
demand from lis Iho seal of our con
(lenWiition. The are not only destruc
tive ol tbe theory, but they violate the
plain letter of iho Federal Constitu
tion. Whatever may huvo been the
rule before tho adoption of Iho Gov
ernment in tho States of thoso great
rights and privileges which belong to
the individual I hose which are funda
mental in character and accompany a
citizen of the United States wherever
ho may go there can bo no doubt that
since its adoption the States are pro
hibited from either destroying, abridg
ing, or depriving the citizens thereof
The words are :
No Kta'o lh.lt m.ks or enforce any l.w which
.hrll sbridge Ihe privilege, or Immunities of oil
tuns of lbs IJnttud Sltel ; aor ih II any Mate
deprive any per.00 of lite, liberty, er up.t.y,
without doe pet-oess of l.w.
Passing by tbo question arising un
der tho first clauso as to whut are
"privileges and immunities of citizens
of the United States," we come to the
consideration of tho second clause.
What is property, w ithin llio meaning
of this cluuse? Let us tako up the
auinuriiiea unu examine uji-ui
The truth, however, la tb.t all iacorporeat
berediUinents, wbetb.r they b icnmooiliee, dig.
niiiea, eleee, or orir, or olber right., .re
deemed v.iu.tile tn law. Tba ownere hove e
legal e.t.la and property In tbcu.nd legal rem
eiliel to support .nd teeovir them. ,. foe'
CWCy. HWwiril, 4 H eetcu.
'ihe Ihrnry upon which our politiejl inali.
tinni mt ii ihut oil uien have cent -n isalieae le
tight, tat among llie-e .re lile, liberty, end ' '.:
pnr.uit of bappitire. j and that io lb. purrt'V
ot bappili... all oeocno'fiMe, ull kowora, alt p
iiiow. .r. ohko open 10 .very one, aod thai iu
the pnitcrlion of tb... rights .11 ere eqnnl bvfoie
Ibe I.W. C'eWMieye el. jii.eoe.f, 4 H'utfoc.
That this clause of the Constitution
guuruntees protection lo this form ol
iiroierty is conceded by tho Cbiel
iistice in Kciiuurd r.t. Louisiana,
Otto, 681 :
"bu. proe.ii uf Uw," ai herein uod, impose
Ibe .erne uieeolug .1 "it,. ; uf U. l.t.u" la
Magna Charla. It m..n. "the l.w of the per
tkul.r caso ta a loir .od open trial. ' "Tba pra
vi.iuo endlhoreae to tlio dmioli..tioo ol
by tba judicial auiburlt; t, iba Aiuf an 1 by due
co-miaul law. 1'bv dtugn of (ba CwDalitutiOB if
Iu airluda arbitrary power Iron every branob ol
Iba UtiTarn intot, and thara wtmld ba ao lolualun
I It il lb rt-Kiipit or decreatut tha Logtal.Uura
wrra allowed tu laka tho lorta uf it u tut a. It
doaa nut tateaa inarvly aot vf tba Lrajialaturt,
lur tbat wuuld Bbruarata U restriction un lag in.
lathe pj war." It ia aot tba arbitrary edict a
any budy ef fceft f aot an act al Aaaetnbl)
tbuugb It say bave all tba outward loria of law. j
but tbat pro!! by wbitrb wbal una atJvgva Iu ba
bit it aujijuK Bt tu u kit. Il tbia ua nut m
every rcaiiioiiot) aon lejrialativa aotborit) ,
weti-d ba a rata lormula of word, without lift
or Iwrca." It twuinamy tutliea and inciudcf a
vuuii.aiuaBl, a dvitjbiaiut. and judgf ingulf t
ailajgatibiut, oHur!anity toaaawer, ud a trial at
our a lug to tuine wtilcd ouurfo of jud-eijj pru
rcdibg I cannot eriitade uyaalf tbat a judife
ol flauioiia ur a board ul ehwtiua vttirara tooiu
luted ander Htala lawa U aucb a tribune I, pe.
fttooK, J., in 1 Punnaylrama HtHrtt-, 1(7.)
lly "Uia law uf tba laud ' U nuat clearly intend
ed ihv general law wbicb bean uetora it ouudatuna,
wbiub piusx-eda tuqairy an reader yadg
tueut omy altar trial. "Uwt pruoeea ul Uw" aa
detiued by tha t'btef-Juitioe tn KDDard f.
Louisiana ia "tba duo ouiiree ol legal pructetio
itigi Btx-uniing to tboae ruin and ifiui wnien
have lyeen tatabiiihrd fur Ibe 'rotetioa of pri
vate rig Un "
Wo ftenn-h in vain through the
Htuiiito that gtveo lile und power to the
returning bounl of Louisiana lor the
quatitu-ft thut nil uf iIilmo authorities
un wvll as common right mako vital to
iu validity. It is not a judicial tribu
nul nor a place whvro jtihiice can be
iudiciallv admiiiiHtfred. Its decrees
u U'Cting tlio right 01 property, ol litoor-
ty, or ..I life are void. ' Its'' assumed !
...Unr-ii.. !...,.. idi..illr nnnn
. ....
J - I J J "1 -
right ot any candiduto tor olllco is
buseless. Much more is it impotent
when its void decrees are hurled at an
oHicial whoso place allccta the machine
ry of the Federal (jovernmeot. A
cundidalo for elector ot tho United
Slates is by the plain terms of tbe
Constitution entitled to bo judicially
heard, to have his day in court, to
huvo process for Ids witnesses, to be
judged according to "duo process of
law, belore bis olllco is given lo
another. Here is nono of these. Tbe
nl' T ..ota-inna lltwn.rei tt.tv .In,
uios and bv her courts seeks to do
urive a citizen ol Iho United Siutes of
,is property without duo process of
law. In this she comes in conflict no; ,
only witb the universal luw controlling
returning boards and with tho right ol
every i-ttizen of tbo Hepublic, but ulso
with the supreme law of lite lend, ll
results thai her statutes give no vigor
lo the uction of the board ihey create,
thai their decrees are not binding nor
Iheir judgments final.
Tbe argument resolves itself into
ibis proposition : If a citizen of I'enn
sylvauia and ot the United Slates re
moves to Louisiana, on compliance
with its laws ho becomes a voter and
a citizen thereof and may lie chosen an
elector of tho United Slates. As such,
if, under the provision of tbo statute,
he men deprived ot enough votes to
reduce his majority to a minority, il
would bo an abridgment of his privil
eges aa a citizen ot the United States,
for his right to the oflloe unless de
prived thereof by duo process ot luw
which this is not would be clour: or
it may bo stated thus: honors and
olliccsaro proiierty. Tho right toown
and hold property is an iunlienablo
ono. It belongs to every citizen of tfo
United States. He cannot be deprived
of his proiierty save by "duo process
of law."
A citizen ol lennsylvania
going to Louisiana takes with him
Ulna right- I pon compliance with the
laws of Louisiana ho may become a
voter and a rantlidato for elector. II
he obtains a majority uf voles ho is
entitled to the office unless deprived of
it by duo process of luw. A contested
election is Ihat process. This statute
denies this right, refuse to contest, and
judges without hearing. It is there-
lore in conmcl Willi tho Constitution
and void. Tbe citizen of Louisiana
who is a citisen of th United State
is in tb sam atliludo and has the
asms rights. -
If the otHee of doctor for President
of the United Stales finds Its origin In
ihe Federal Constitution, and did not
xiat without it, than lb right to be
chosen id acoordane , with iu provis-
ions Is i "privilege anrl immunity" of
a citizen ol the United States, and tbis,
too, althongb we concede that the
States bave exclusive power in their
appointment, Tbey could not appoint
an alien, yet no prohibition ikeruof ap
pend in the text II' we concede, too,
that "privileges and immuniliea" with
in tlio meaning of the lourlocntb
amendment are "or.ly those rigbU
which aria ont of the nature and es
sential character of the National Gov
enimcni, tho provisions of iu Consti
tutinn, it laws, and it treaties," still
the right ot a candiilate for elector to
be prelected wiihiri l! e S'i the
tuiuctcoo. ii iii uiw.r iuii.jli
pertain to tho Very existence of the
I Federal Government those privileges
; and immunities may bo disregarded by
liie Stales, then they mean HJlLiiiir.
One of these guarantees is "due -iro-ccss
ol law." Tbo Stato of Louisiana
has made and now attempts to enforce
u law which abridges Ibis right and
thus violates the plain terms of th
clauso "no Slute shall mako or enforce
any luw which shall abridge the priv
ileges or immunities of citizens of the
United Stutes."
It is suid that fraud and wrong, riot,
murder, and intimidation, exist in
Louisiana and her law-making power
must be permitted lo use extraordinary
remedies to suppress these. We need
not inquire how tho machinery created
by these laws is used, nor whence pro
ceed tho ills complained of. Arbitrary
power is no corrective for these evils.
I he remedy is worse than tho disease,
There is tbrco and vigor enough in tho
legul remedies which are sanctioned
h tbo organic law when tbey aro ad-
mtiiisicreu anil cniorcca ny authority
moves with the dignity and power of
tho majority of tho people to suppress
every wrong and sustain every right.
Fradnleiii voting, lalso returns, vio
lence, intimidation, and all the other
evils thai alllict Louisiana in her elec
tions come to us frequently in the
-North, but tho remedy tor these ia not
ton ii il iu the disfranchisement ot masses
of men without a bearing, nor iu tbe
arbitrary exercise of judieiul power by
un irresponsible tribunal. Tbe polls
aru purged. Iradiilunt votos rejected,
returns coerced to speak thu truth,
the merits found, more irregularities
overlooked, and proeiiicls thrown out
when utter and willful violation of law
is shown, but these results are reached
through legal processes, sanclioned by
constitutional authority and sustained
und approved by ibu popular will. In
these processes and iu these forms or
judieiul inquiry alone, ot which com
plaint and answer, a nay ot bearing
and an actual hearing aro always a
pun, is lontitl tho basts ol onr laitn
that the popular vote is the truthful
exponent of the popular will. Take
Ihcso away Ir un populur institutions
und you will havo substituted arbitrary
power for a government of law.
Standing upon the threshold of a
-oeotid century ol the ltepublio wilb
the retrospect in our pinwession by
which to gunge tbo future, wilb tho
plain proof thut tbe power exists to
successfully base popular institutions
upon a tree bullot it populur luith and
legal scrutiny bo its accompaniment,
we should be luttbless to our litgliesl
duty if wo did not, by every means
given us to use, coiniel the returns
Irom every Stute to speak tho truth ,
ii wo did not, in tho exerciso ol our
undoubted right " to count the
vote, " apply tho tests of judieiul
scrutiny and of honest methods to
the tortuous ways of partisan re
turning boards ; if we did not, in all
I hul perliiins to Federal organism and
Federal machinery, produce strict con
formity to tbo Federal Constitution
and purgo and winnow tho material
returned until tho people in every sec
tion recognized and admitted the legit
imate results tbat had been produced
bv a 1 u re and free ballot.
It is suio Uiui this action of tho re
Itirntjig uuuru in tuo v. -
vested by tho Constitution witb ex
clusive power ovor the subject-matter,
and that wo are bound by it. It is to
lie remembered that it is not tbe Con
stitution that gives force to the certifi
cate of '.ho executive authority, but an
act of Congress; that the Government
of the United States, under its own
power, makes this a modo of proof of
duo appointment of electors by the
Slate, and that a caretul examination
ot that statute will show that ita pro
visions are mainly directory in tbis re
gard. If it were a part of the require
ments ot tbo lonstiiution and made
imperative on tho Legislature of tb
Status in creating their mode of ap
iijintment, a ditfercut question might
urise; aa it is, it is our requirement,
and is to bo bold, liko all olber direc
tory statutes, to effectuate justice and
right, and not to shield fraud and
wrong. At tho count ot votes in 1S73
the two Houses went behind this cor
litiealo in the Louisiana case, examined
other testimony, and rejected llio votes,
and in the same year tho certificate of
tho Secretary ot Mule ol lcxaa(and
not thai ol tbo Governor) was adjudg
ed sufficient, and tho voles of the Stulo
received and counted.
i nn uiinnimii nv n inutx ariiuii
If it be intended by thisdoclaration,
. " i j i V. . -
re bound br hl" ftcl on .
Rtlll. l recognize and count a lull
a
cognize and count a raise
and fraudulent return simply because
il comes covered with the insignia
thereof, I cannot assent. Tbis matter
Concerns all Sections of tho Hepublic.
It is our right and our duly to protect
our people from traud and wrong, let it
come Irom whence it ma'. We can and
may and ought to administer tbe Fed
eral Government in all matters affect
ing it, with purity. Falsehood and
fraud affecting it ought to find neither
protection nor tolerance in any of its
departments.
In tho adjudication ol tho weighty
questions thttl now confront us fraud
"I"1'1" ovfrythiiig it touches. J ho
bnmd seal of the htato is crumbled into
" against iui grcav imotoai. ce-
signed lo be defrauded. Every trans
action in wiucb ll mingles, overy re
turn based upon it, is defiled by its
contagious touch. Why should ilfind
heller ill the highest representative
tribunal ol the Kepublie. This the
lust place on carlh wbero it ought tn
find refuge. No rescripts of a Stale
Legislature, no decree of a returning
bourd, no judgment of a State court
cun or otigbi lo protect it here. W hen
over and wherever it is detected, when
ever and wherever the test of truth
judicially applied drags it into light,
its disguises vanish, Ita repulsive lorm
stands exposed, ami its Condemnation
fullows.
That "tho king can do wrong" is a
maxim of the Knglisli law. Pym and
Uampden, in bold assertion of the
rights of their countrymen, held tbat
this king was ho who ruled according
lo law. The ideal king the majesty
of law the crystallized thought of
uges, bused upon common right, com
mon justice, antl common sense, they
declared, wus tho real king, and the
lulent, intrepidity, and courage of these
tribunes of tbe people riveted their
thought upon the niindsol Knglisbmcn.
The deniul of this idea has cost ono
Knglisli king his head, another his
crown, and a third the fairest colonies
he possessed. For more than two cen
turies it has been th vital essence of
Knghsh and American lilierty. Tb
Stale the successor to Iba king is
not its orgsnism, its seal, its territory,
its legislature, or its constitution ; but
it is its iHiiple, tbeir rights, their priv
ileges, their immunities, slid their hap
piness. Th will of tb people ex
pressed through lawlul and constitu
tional forms is th voice of th Slat,
and forms and seal and paper fad
away belore th right, th power, and
the duty that exist hero to learn what
it is, to judicially dutormin It, to obey
iu commands, and to register It a
final.