Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-02-10
rhe Lo.isia.a Election Case.
PRELIMINARY REPORT OF THE COMMITTEE O,
THE ELECTORAL vo1BA

The Senate committee on privileges and cleo
tons to-day presented their preliminary repor,
in regard to the electoral vote Of Louisiana
The committee Tecite the circumstances of the
election i'm Louisiana, as brought out by the in
vestigation, and in conclusion say that Gov.
Warmoth had the whole machinery of election
in his hands, and that every means was resorted
10 TO secure the triumph of his party. Great
difficulties were thrown in the way Of regstra-
ton; republicans in many parishes were put 10
great Inconvenience to ind the registrar, and
IN many instances were unable TO do so; places
OF registering and Of veting in many parishes
we're fixed at points remote from the centers OF
population, often without notice of the place
being given; false registration papers, double
voting, stufing ballot-boxes, and other frauds
and Irregularities, were charged in majority
OF the parishes, and there is not much room To
doubt that the Lynch returning>board were OF
the opinion that, upon fair election, the re-
publican party would have carried the state, and
had been cheated and hindered in every way
possible by the power that controlled the ma
chinery Of the election. But, notwithstanding
all this, the Lynch returning board, with the
power under the law Of the state to
investigate these charges OF fraud and
injury, or to act upon their convic-
The election of the Greeley electors was certi-
he'd to by the governor OF the state, but the
official returns of the election have not been
counted by the returning board created by the
laws of Louisiana tor that pur pose; and the
persons who. in fact, made the examination and
count, had no legal authority TO do So The
election OF the Grant electors is certified by the
Lynch returning board, but that board did not
have the Official returns before them, and THEN
election rs not certified by the governor of the
state as required by the act of Congress The
committee are OF the opinion that neither the
Senate OF the United States, nor both Houses
jointly, have the power under the constitution
TO canvass the returns of an election and count
the votes to determine who have been elected
PRESIDENTIAL electors, but that the mode and
manner of choosing electors are left exclusively
to the states. And II by tAe law of the state they
are to be elected by the people, the method OF
counting the vote and ascertaining the result
can only be regulated by the law Of the state
whether 1T is competent for the two houses
under the twenty-secOnd joint rule. lin regard
to the constitutiOnalty OF which the committee
mere give mo oplniOn,) to go behind the certif-
cate OF the governor of the state, to inquire
whether the votes for electors have ever been
counted by the legal returning board created by
the law OF the state, or whether in making such
count, the board had before them the Off
returns, the committee offer no suggestions but
present only statement OF the facts as they
understand them. As to the other questions
upon which the committee are instructed TO re-
port, touching the existence of legal state gov
ernment in Louisiana, and the admission OF a
Senator from that state, they are not now pre-
pared TO report.
I'm an addendum TO the report by Mr. Morton.
chairman OF the committee, he refers To the
fact that majority OF the committee were of
opinion that no reference should be made i'm the
report to the decision of the supreme court OF
Louisiana as to which was the legal returning
board, and states the fact that on the - day of
January last the supreme court of the state de-
cided. on an appeal from thesth district court
that the board consisting of Lynch, Longstrcet
and Hawkins, tOgther with Governor warmoth
ana Mr. Bovee, who was the secretary OF state
who had been suspended by Governor Warmoth
when he first appointed Heron, and who had
been restored by "a decision of the supreme
court, constituted the legal returning board
and that Da POnte, Wharton and Hatch had no
authority whatever.
Mr.. Trumbull also submits an addendum to
the report, in which he says in substance that
he believes the Wharton board was the rightfuI
one, and dissents from the following passage i'm
the report of the committee
The evidence submitted to the Lynch board
and which has been described TO the committee
undoubtedly produced the conviction I'm their
minds that the election had been an organized
fraud" 'There is not much room to doubt that
the Lynch returning board were of the opinion
that, upon fair election, the republican party
wonld have carried the state, and had been
cheated and hindered in every way possible bv
the power that controlled the machinery of the
election" Mr.. Trumbull further saws: The
fact that the Lynch board undertook to count in
the republican candidates as elected without the
semblance of an official return before them and
in some instances upon spurious forged and
false affidavits, as the evidence before the com
mittee shows, affords no evidence to INV mimi
that they supposed a fair election had not beer
held.
The PoMEEoY investigating committee o,
the Kansas legislature has been engaged in
taking the testimony OF Senator Yorke. He
reterates his statement that Pomerov paid him
:. 600 IN consideration of a promise to vote for
him for Senator. He also says that Senator
elect Ingalls, knew nothing of the trap set for
P0meroy until 1t was developed i'm the Joint
convention. He made statement to the com
mlttee in secret session, in which. it is under
stood, he gave the names of members whom
Pomeroy said he had bought. Referring to his
intercourse with POmerOy previous to the recent
Senatorial campaign he said he went to WASH
lngton in y January. 1872, to secure the removal
OF the land office to Independence, and secured
said removal through PomerOy by showing him
an affidavit OF the woman, Caten. and intimate
ing that il might be used against him liz Kan
sas. A dispatch has been sent to Senator Pome-
roy by the chairman of the investigating COM
mittee, requesting him to appear, and inform
ing him that II he is unable to attend. INV state
ments he may see fit to make in the mater will
be duly considered.