New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-26

"Question-In the Statea
"Answer-Yee, sir; in the State.
"Question-Do You speak of the vote
actually cast, or the voters in the, fistric
Answer-l refer to the voters; but the vote
actually cast, in my Judgment, if pr0perl
returned, would have given the Republica
party . majority in the State. have n
doubt of that.
"Question-That is, the votes as the
were actually castl Answer-Yes, sir; a
actually put in the boxes"
Mr.. Morton-I ask what parish that was
| MIR. Frelinghuysen-A parish some tw
hundred miles away.
Mr.. West-The parish Of Madison.
Mr.. MOrton-How far away2
Mr.. Weet-lt is three hundred miles iron
New Orleans.
Mr.. Frelinghuysen-Mr. President, let d
look at the effect OF the facts have Gale,
| attention to upon McEnery's majority. The,
claim for McEnery Q majority of 96O6. TIL
| four parishes where there were forgerie
and the six parishes from which there wer
| no returns, according to the Lynch board
| give Kellogg Q majority of 1895.
| Mr.. Carpenter-It is not pretended tina
all tho returns in those parishes were forged
but only one or two Of them.
| Mr.. Fre'iDghuysen-It is probably mucl
| worse than those four parishes. They art
mere illustrations. The returns from those
the witness holds up and says, for instance
| these are forged. He says there were for
gerles in several parishes, and instances
these four. Now, take the 1895 majority il
SIX parishes not returned and 10 four il
which the returns were forged from the
96O6 and it leaves McEnery's majority, az
the Senator from Wisconsin agrees, 26l
Now, let ns see what becomes Of that 26l /
majority. Let anybody who wants to ex
anime this read the three hundred and six tn
page OF the testimony, which was sent here
with the Presidents message. There is
Caddo parish. The white registration was
l549 and McEnery's vote lS37-nearly 300
more than the white registration. The
colored registration was 3l39, and Kellogp's
vote 1876, or 1868 less than the colored reg
istratiOn. This shows fraud, not before,
but after the election. 1t points to falsi.
fication of returns, for frauds in keeping
men back from the polls probably would
not give McEnery 300 more votes than there
were white votes registered.
Mr.. Carpenter-HOw can you tell whether
ballot was cast by Q black man or q white
mani
Mr.. Frelinghuysen-No; but my friends
report states that the colored men were Re-
publicane AZ general rule, and the whites
Democrats. Take Rapides parish. The
white registry was l0ll; McEnery's vote
was 1860, or 949 more than the white regis
tration. In Nstchitoches the white regis
tration was 1886, and McEnery's vote 1885,
the colored registration was 1875, and Kel-
logg's vote only IS. In Boesier parish the
white registration was 578; McEnery 953. or
375 more than the white registration; the
cOlored registration 1895, and the vote for
Kellogg SIS. It is perfectly apparent that
the fraud was in the returns as we'll as in
the manner in which the election was con.
Quoted.
But again, take another view of these
returns. There are fifty eight parishes in
Louisiana. In twenty
Bienville, Calcasieu, Caldwell, Cameron,
Carroll, Claiborne, Conoordia, East Eel
icians, Franklin, jackson, jefferson.
Lafayette, Livingston, Ouachita, POinte
Coupee, Red River, Sabine, st. Bernard,
St. Charles, st. John Baptist, Tangi.
pahoa, Tensas and Orleans-which are
those where there is not much difference
between the two boards Of sanvassers in
the result, in these twenty. -four parishes by
the FOrman board there is an aggregate Of
1868 Democratic votes and 36,203 Re-
publican votes, giving Democratic major
ity Of 476. According to the Lynch board
the Republican vote was 81, $50 and the
Democratic vote 80, 8l7, giving Republican
majority of 1873. The Forman board gives
q Democratic majority of 476 and the Lynch
board q Republican majority of 1878, no
very great difference for such an election;
average it, and call it a majority of /, 900
for McEnery. The vote was close and the
registration was correspOndingly so. The
white registration was So, 1879 and the color
ed registration was 81, 439. The Democratic
vote and the white registration, the Re.
publican vote and the cOlOred registration
Now look to the remaining thirty-four 4
parishes. BY the FornAan board the Dem
Republican vote 20, l70, giving Democratic
majority Of 1918. This is manifestly fraud,
and is thus shown: In those thirty four
parishes the registration of whites was 3d.
1856, and that registration gives Demo-
cratic vote of "a ,788. The registration OF
The cOlored people was 42879, and that
gives Republican vote of only 20,l7O. If
he same ratio of Republican votes was
given for the 1000 cOlOred registered vOt-
'rs as Of Democratic votes given by 81 ! 600
White registered votes, which was q, 7SS, |
he Republican vote would be IS, 900 instead |
II 2O,l70
Now let us see what becomes of Nc |
Inery's majority. The difference between |
5000, the true vote by all the analogies of |
his case and according to the Lynch board, |
md the 20, l70 that the Forman returns |
i've for these thirty-four parishes, is IA, $50.
Take from that McEnery's majority of 1906,
nd it leaves Keliogg's majority 1924. Take
rom the 1924 the majority which McEnery
lad in the twenty-four parishes, and it
caves kellOgg's majority 1924. --
You may turn this subject any way you
lease, and you will find that Kellogg was
Ot only the representative Of the will and
mention of the people, as the Senator from
says, but that he had q majority
f the legal votes cast. At all events. there
no affirmative proof on which to displace
i'm.
Shall we turn Kellogg out of office, when
II admit that he represents the will of the
eople, and when the preponderance Of
violence is that he had q majority Of votes
asst, for the sake of giving effect to the
aud which was most UNANIMOUSLY perpe-
rated in that Louisiana electiOns
A word more, Mr.. President, and have
one. There is another view of this case
Inclusive against new election. We are
this case as q legislature and
OF as a court We are exercising political,
le record must decide upon the issue,
Just be controlled by rigid and fixed rules.
case is brought before it it must decide
A legislature has broad discretion; it
as an arbitrary discretion, except so
+ az it is controlled by the constitution
the country and by good conscience.
he Senator from Wisconsin, not in
ference to this case particularly, but in
ating the principle of the bill, holds that
ltion coming from State, where the State
'urts have declared an election valid, to
t aside the election and to order new
le. Il can not agree with him, and am
ad That there is one relief to this prodi-
ous power. The Senator from Wisconsin
ates the relief while stating the power.
9 says:
1.-THE question is in its nature political,
It judicial; and no court, State or national,