New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-25

this hoard will guard us against fraud anu
v;olence. The suspicion almost becomes
certainty with me that the words 1raea anu
y;olence are only used as cover ioI so
lily and rascality. l hope it is not SO.
h"t # Won are going to shove this returning
hoard into this bill, guard us aga,ns! ~
equally as against fraud and ntlhioa aW,'n
| want guards thrown all rounu ps. tho
this il done, do not care who exercises 'if~
power. .ha S.natnr
f.o-,, Terrehone Mr. O'Hara) to say that Ii
this ia done he does not care VINO e4oi-
cises the power Do understand the sen
aror to ask for guards against frauds on 'h"
part Of these officers
Mr.. O'Hara-Yes, sir.
Mr.. Campbell ask the gentleman at ms
leisure to specify the guards he requires
and will place them in my sell
MIR. OIIara-The giving CT the Wnoie con
troll of the election to five men Will MAKE 10
very hard to provide against fraud on tnet.
part l know of but one safeguard anu
that "a to abolish it entirely. What Is TO
prevent any one from getting up ~" ="
upset any election
Mr.. Campbell-That is provided Tor III
the succeeding section, which dehnes tne
kind of violence necessary, and whicn hiuss
he proved before the board can exercise the
powers conferred upon it.
Mr. Blackman-I have been accused by
the gentleman from Carroll Mr.. McMnlen)
OF attempting to lntlmldate ana oVera"9
the Senate l made no such speech. L
stated Yesterday no more than the Senator
stated this morning, when he said ii 1t be
came necessary tor the Republicans OF ms
parish, in order to go to the polls as !ree-
men, to use force, they would be exercising
a proper and judiciOuS manhood. lnat Is a
broader assertion than used yesterday
Ill, ~
to have fair and square election. by winch
the people could have their rights, ana by
which they could perpetuate repuD!lcao
form of government, and secure for them
selves the blessings OF republican lnstllu-
TONS then they would be justified IN using
the violence necessary for those purposes
That is the full extent Of my statement.
Now as to the proposition whether or not
the section offered by the Senator from Or
leans Mr. Campbell) is proper in its char
acter. | differ widely with him. say 1t Is
not necessary to have this board OF return
- officers. 1t is clearly in violation vi the
constitution Of the State. 1t is cOnferEmg
powers, extraordinary in their character. IN
appointing committee to determine VINO
are elected, instead of the people themselves
deciding that question. l wish to take the
language of the section, as offered by the
Senator from Orleans, Mr.. Campbelll. We
have provided board of returning officers.
Let us inquire their duties. The Senator
from the second district Mr.. CampFr'4
made the remark that they had no auth
whatever under this law, to make
sion of the returns; that they had no
to throw out single vote cast or q
return made to them. Now, that II
what the law says. II can understas
English language, and put fair AM
Interpretation upon 1t, this law conH
power-the extraordinary pOWer-C
hoard nf returning officers. OF c0Ee
dgment and decision upon the Leg
the elections at the polls, and, aS
state that the section is unconstlt.
In the next place, this board has
to make declarations of the persGu
| tor, and of the persons lawfully ~
| elected. What does that implyl
| within the discretion OF this board, ts.1
| proper to go into an investigatiOnHthl
| manner of conducting an election in@ II
Iious parishes-that if they see prOpeap9
the report OF the Supervise
Registration and any two Witnessed
respectable character, in any Ar!7
| CT in any precinct. to order an invaigH
ton, the supervisor or registrar repren1
ing to them that there was intimidatio.
| fraud or violence and that there was Dtv
| tull, free and untrammeled expression
the popular will. as authorized by thecCq
| stitution of the State, then this boarl 4
officers. at its discretion, has the rigt Il z
| throw OUT Stlcu NOttS ds IL tiiluhS
to declare who is duly elected. Il
Mr.. Campbell-Is that in the section-l-s
fore us
Mr.. Blackman-I am reading from the
law as it stands. | am referring to the
words duly and lawfully elected" which
mean that this board shall decide the rights
of persons to office, and shall destroy or
! build up, as they may, the rights OF the
| people l say that, in my Judgment. the
| docs borI1p Sunh n
ceeding. because the only power in this
State that can determine on the rights of
| property and the rights of individuals is
the Judiciary. The judicial power to deter
mine the right of office is vested alone i'll
| the judges of the Supreme Court and the
judges of the district courts. The declara-
ton of the bill of rights says that the
courts shall be open at all times. l state
that you confer Il judicial power not au-
thoriZed by the constitution upon this
| board, because in Its discretion, it can de
clare who is duly and lawfully elected
This is comforting upon five political par
tisans judicial power greater even than you
confer upon the courts of the State, because
any investigation before this board is ex
parte in its character. l say no such power
is vested even in the courts of the State by
| the constitution.
Mr.. Campbell-I understand the Senator
to say the power of declaring the counted
| vote, or tne power OF declaring the mum DER
OF votes, is a judicial power.
Mr.. Blackman-I do. sir.
Mr.. Campbell Then, will the Senator
read the old law. giving the same power 4,
the Secretary of State!
Mr. Blackman - Here is the difficulty
You provide in your registration law that
the supervisors of registration and the
clerks of the district courts shall make up
the sums total of the votes cast and for
| whom they were cast. Now you propose
| what! After having this count at the yari
GUS precincts-atter having count at the
courthouse of the parish itself, You propose
to send these returns to the board of reyi-
sion, and that board can decide whether or
not the votes were legally cast. l say that
Is a Judicial power-a power which should
| be exercised by the courts alone. To do
this they must have evidence. Must they
| not decide whether there was intimidation
whether there was or was not fair eec
ton and will you tell me that to do this ia
not exercising a judicial powers In its very
character it is judicial, and l say the courts
alone can determine such question. There
Is no power which can decide upon the
rights, liberty and property of any individ-
nal except the courts. In the case of the
election and qualification of the members
OF the General Assembly, the General As.
sembly itself is the only power that can de-
termine who was duly and properly elected
W hat is this board of returning officers for,
Ii the supervisors or the commissioners OF
election at any precinct think there is vio-
ience or intimidation at that precinct, they
may BRING the matter before this board toi
their decision. Where, then, is the General
Assembly What is its prerogative under
the constitution To determine upon the