New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-14

x,
hands of the executive appointees. Such
was fully the case with regard to the regis
ration, every officer of which, as well as
commissioners Of election, was SO appointed.
The result was a series of gigantic frauds
throughout the State. Negroes were every.
where trif1ed with, often sent away on friv.
olous pretexts, asked foolish questions, told
to call again after election, etc, In parishes
where the former registration books,showed
colOred majorities they were lost or de-
stroyed; where otherwise they were retain.
ed and kept in use. Where there was a
pressure to register, the rule was sometimes
made of alternating one white man and one
colored; and where the pressure ceased the
rule was continued in force to the extent OF
making the surplus colored men wait TIL
white alternatives should one by one ap
pear.
At the election in some parishes colored
voters could not ascertain the location OF
the polls, notice being ingeniously withheld
or sent to neighborhoods made up chiefly
of opposition voters. Those who would
find polls would be directed to others; while
the other party could avail themselves OF
the full benefit of the law which permitted
a voter to vote at any poll of his parish II
the country.
The commissioners were generally OF one
party 1.-THE opposition; and in Orleans the
proposition to allow one OF the three at each
poll to the Republican party was fatty re
fused. This opened the door of fraud in the
returns, and by all the means known il
other States. in addition to the intricate
and d.begetting processes peculiar to
the election and registration laws OF Louis
lana
The conspiracy was complete, and every
method utilized and subservient to holding
and returning fictitious election, except the
single fact that the State retm ming board
could not be manipulated.
THE FINAL CANvAssING.
And this leads us to examine elsR ana
chinery of final canvass or return.
The constitution of the State of Louisiana
makes the Secretary of State the officer
Though whom the final returns for Gov
ernor, Lieutenant Governor and mem bers
of the Legislature are made. Statutes have
supplemented this provision by establishing
a returning board, of which the Secretary
of State is member, to cooperate with him
as to these and all inferior offices. Whether
as to the former, the making him per-
torn as part what he should do entirely,
or perhaps be voted down and Overruled in
his functions, it is unnecessary to examine,
for if there be question about it; it would
apply to the returns of all three of the re-
turning boards which have figured in the
litigation and controversy known as the
" Louisiana CASE.
The final canvass or count as TO the Gov
ernor and Lieutenant Governor is made by
the General Assembly in Joint session, who
receive from the Secretary of State, and he
from the State returning board, of which he
is part.
As to the members of the Legislature
each house is the Judge of the returns and
qualifications of its members, but is organ
lied upon list read by the clerk or secre-
tary, and received from the Secretary of
State and by him from the State returning
board.
As to all other officers throughout the
State the canvass is made by the returning
board, who certify to the Secretary of State
and he to the Governor, by whom they are
commissioned, unless suits Of contest of
election are entered.
This is the whole machinery of the final
canvass or returns of elections in Louisiana.
The key to the situation was the State Re-
turning Board, consisting of the Governor,
Lieutenant Governor, Secretary OF State,
John Lynch and Z. C.. Anderson. Candl-
dates are by law disqualified, and the bal
ance NAV ill vacancies. The Lieutenant
Governor and 7. G. Anderson being can6i-
dates, the Governor, Secretary Of State and
Mr. Lynch had the power to ill the vacan
cies by majority. The Governor had no
constitutional power to remove one of his
colleagues. The Secretary OF State was re-
movable only by impeachment.
Yet, by an unlawful removal, if effected
by force OF otherwise, the returning board
would be revolutionized. the Secretary of
State, who certities to the lists by which
the two houses are organized, would be
changed, and the entire returns manipu
lated, and a State government instituted and
established, different from that
elected, or which would have been elected,
had all citizens enjoyed their rights.
THE FIFTEENTH AMENDMENT.
Ordinarily all this would be mere local
matter, to be decided within the State by
such political and legal strategy as the cir
might furnish or point out. But
in the present case 10000 or more colored
men had been deprived Of their right to
vote, and were entitled to a peculiar and
remedy, and that remedy, by
candidates in behalf of their joint interest
with the voters.
State is forbidden by the fifteenth
to deny or abridge the right of
citizens to vote on account OF race, color or
previous condition of servitude, and Con
gress is to enforce this by appropriate leg ;
ation.
A State then can not by its constitution,
it's statutes, or by any proceeding If its
legislative, executive, or judicial depart
nent, deprive a citizen, individually or col
ectively, who is entitled to relief under
.he fifteenth amendment, of the rig bit to vote.
Now, suppose it would be ingeniously IN
sisted by the numerous official agencies
through whom these 10000 colored men
we're kept out Of their votes, that they were
lot so deprived on account OF race, color or
previous condition, but because Of various
PERSONAL objections, because they wanted
o vote for Grant or the Republican State
ticket or did not reside in the right precinct
II had not sufficient local residence, or for
many other reasons, valid or not valid, the
yoter SO denied averring that it is
lone on account of race. color or
previous condition of servitude, i. is
o be presumed that the latter is the
ase. Such must be the presumption of
aw in the case of every colored man denied |
vote or the fifteenth amendment goes for |
othiDg. And in case of suit the presump-
ion will be sustained in the end, unless it |
'e shown that for some other reason he was |
ot entitled to vote. Ten thousand men of |
olor then, if deprived of their votes, must |
e supposed to be SO deprived tor the rea-
ons indicated in the amendment, and not |
ecause Of a separate personal disqualified
ion in each case. You can not enforce the |
treenth amendment upon any other theory. |
The politician who designs or perpetrates
fraud upon the colored vote will always
e cunning enough not TO assign color as
is pretext.
JURISDICTION.
Ali the matters of contest susceptible of
judicial solution belong to the State
Ourts to determine, except when involving
uestions under the fifteenth amendment.
ut case under this amendment may
raw with it all the incidental questions.
Thus, the McEnery returns show. Tor
,ellogg 55,973, and tor McEnery 65.5579, or
majority of 5000 for the latter. II il he
aimed that 10000 colored Kellogg votes
ere excluded, and only proved to the ex-
mt of 5000, while it transpires that there
own 1000 otbar frauJs ooainct Il oil ha |