FREE BOOKS

Author's List




PREV.   NEXT  
|<   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   >>  
aught us such a contempt for votes, that one fraudulent certificate is better than ten thousand of them?" THE POLITICAL QUESTION. The advice of the Commission, with the consequent action of Congress, was a virtual affirmation of this proposition, that if on the morning of the 6th of December the Federal general commanding in Louisiana had surrounded the State-House with soldiers, and marching in eight of his captains, had compelled the Returning Board to certify their appointment as electors, and the Governor to add his certificate, Congress and the country would have been obliged to accept the votes of these captains as the constitutional and lawful votes of Louisiana electors. Whoever supposes that the union of these States can endure under such an interpretation of their fundamental law, must be endowed with credulity beyond the simplicity of childhood. The doctrine is an open invitation to transgression and usurpation. The judicious disposition of a few troops in the capitals of disputed States, on the day of the electoral vote, will perpetuate an Administration just so long as the audacity of a President, or the cupidity of his office-holders, may find it desirable; unless, indeed, it be found, as is most likely, that the ways of fraud are cheaper, easier, and less palpable than the ways of force. THE LEGAL QUESTION. _As to the conclusiveness of the Governor's and canvassers' certificates._ The doctrine of the majority of the Commission, and of the Senate, is, that the certificate of the Governor "_on and according to the determination and declaration_" of the State canvassers, cannot be shown to be false, though it may have been obtained by force or fraud. This doctrine admits that the truth of the _Governor's_ certificate can be inquired into, else why the qualification that it must be "_on and according to_" the canvasser's certificate. It is said to be good only when in such accord; therefore, when not in accord, it is good for nothing. We may, then, dismiss the Governor's certificate as of no account, and to be left therefore out of further discussion. The substance of the doctrine is, that the _certificate of the State canvassers_ cannot be contradicted. This language must, of course, be understood, as used in reference to the question at that time depending; that is to say, whether evidence to contradict or annul the certificate was then and there admissible. It had already been decided in th
PREV.   NEXT  
|<   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   >>  



Top keywords:

certificate

 

Governor

 
doctrine
 

canvassers

 

captains

 

accord

 

electors

 

States

 

Congress

 
QUESTION

Commission
 

Louisiana

 

certificates

 
majority
 
conclusiveness
 

Senate

 

contradict

 
evidence
 

declaration

 
determination

decided

 
desirable
 
palpable
 

admissible

 

easier

 

cheaper

 
obtained
 

contradicted

 

substance

 
discussion

language
 

understood

 

dismiss

 

reference

 

inquired

 

depending

 

admits

 

account

 

question

 
qualification

canvasser
 
disposition
 

soldiers

 

marching

 

surrounded

 
commanding
 

December

 

Federal

 

general

 

compelled