New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-03

l
murders, must III the nature Of thing, ha'
niied with terror people tind and gent
ike the colOred population of Louisian
even II We had not taken abundant e,
dence as to special acts of violence ar
crime, and their effects on particular neig
borhoods. Mr.. Moncure, the Conservati'
candidate for State Treasurer, claims
majority in the whole State o. about $50
A tar greater number of Republicans thu
enough TO overcome this majority Mu
have been prevented from reg istratiOn
driven by terror from the polls. Ia view
these facts, we do not hesitate 10 find til.
the election of 1874 was neither full, fire
nor tair; that 10 large portions Of the Stat
| the usual means OF lnstructlng and pc
sCading the people, Of organizing and COZ
Quoting d campaign, could not be carrie
on by Republicans without danger to The
lives, and that many more voters than wei
needed to give the Repu olIcan party con
p.ete victory were prevented from votin
| at all, or even coerced into voting the whly
| mans ticket.
1t was to declare the result of such a
election that the Returning Board met i
| New Orleans in 1874. In expressing GU
dissent from the view they took of thei
own powers and duties, and our emphati
| disapprobation OF their proceeding, we de
| sire to state as emphatica!iy our unwilling
ness to do them any injustice, and our ia!
| appreciation of all the consideration which
| may tend 10 paUiate their conduct. Sew
| eral of them had held high position: Gov
ernor Wells, the president, had been a larg;
and wealthy planter before the war; had re
manned loyal through the rebellion, has
been true to the flag CT his country wbeI
Griven 10 the swanps and hunted with the
dogs. Such a record entities him to oul
warmest sympathy and respect. But we
must declare the law and fact as We find il
The Louisiana election laws provide the
following machinery for elections:
First-A registration of the votes. to be
completed ten davs before the election nv
supervisor, to he appointed in each parish
by the Governor.
Second-The fixing in each parish sut-
able polling places by police jury chosen
by the people of the parish.
Third-Three commissioners OF elections
appointed by the police iuries to preside at
each poll.
Fourth-A Returning Board OF five per
sons appointed by the Governor to whom
the returns from the whole State are made
by the board officers. and who ara to can.
vass and compile them and promugate tue
result
Section forty-tonr, statute Of 1872, pro.
vides for the organization Of The Legisiatu
as follows:
SEC. Al. Be it further enacted. etc, That
it shall be the duty OF the Secretary of
State to transmit to the Clerk OF the House
Of Representatives and the Secretary OF the
Senate of the last General Assembly list
Of the names Of such persons as, according
10 the returns, shall have been elected to
either branch of the General Assembly; and
t shall be the duty of said Clerk and Secre-
airy to place the names of the Representa-
ov,1 oil l..
he roll of the House and Of the Senate re.
pectively; and those Representatives. and
,anators whose names are so placed by the
;ierk aud Secretary. respectively, III ac-
ordance with the foregoing provisions and
one other, shall be- competent 10 organize
he House OF Representatives or Senate. |
'othing in this act shall re construed to |
Ontlict with article thirty four of the con. |
titutiOn of the State.
The authority given TO this board is only |
} canvass and compile the returns. making
no copies. ''OI one copy OF which they are |
} make public proclamatio declaring the
alnes OF ali persons voted for, the number
votes for each, and the names of persona
no have been duly and lawfully elected
he report here quotes at length the sec |
Ons OF the statute OF Louisiana relative
elections.
Upon this statute we are all clearly of
,inion that the Returning Board had no
yht to do anything except to canvass and
nipple the returns which were lawfully
ade to them by the local officers, except
cases where they were accompanied by
rtifcstes of the supervisor or commits.
'ner, provided for in the third section. In
oh cases the last sentence Of that section
ows that it was expected that they would
iinaiily exercise the great and delicate |
fu of ft,a ,F |
Ilt, bribery Or corruption. OF hearing of
9 parties interested in the Office. 1t never ,
Md have been meant that this board or {
own motion, sitting in New Orleans, at
,lstancs from the place Of voting, and
thou notice, could decide the right of
rsons claiming to be elected.
The board took a different view OF its ! l
wers, and proceeded to throw cut the | {
es from many polls where they found I
imldation aud violence to have existed 8
e result was to defeat persons on the re- G
'Es they should have declared elected. l
1 to elect persons who should not have I
IN declared elected. In regard to four q
fishes they declared no result whatever, Q
referred the matter 10 the Legislature. j
he result of tins action WAS to change d
political majority OF rhe persons who, Il
the constitution and laws Of louisiana n
re entitled to 0rganiza the Uosse OF ! Il
Tho Returning Board II
i'm that IN this proceeding they acted G
Ter an honest belief that they were right q
heir construction OF the law, and that d
Y were giving effect to the true will Of a o
ority OF the people OF Louisiana. and Il
Ia their construction they followed the II
cedeDt set by the Democratic or Fusion | II
nrning Board of 1872. We believe they | q
follow such a precedent We have no II
he Il |
the people of Louisiana against Ia fraud ST
heir constitutional rights But there is 81
more dangerous form OF self delusion re
n that winch induces men in high places 81
ubEc trust TO violare law to redreas or OF
vent what they deem public wrongs. c,
@ are not prepared to declare Without
her examination how many persons M
lined prima facIe title 10 seats in the CO
lsiature through this wrongful action. Il,
some of the cases there were defects a
er of form or substance in thu returns at
nselves which the board claim required so
+ rejection without regard 10 the evil eli
70 of intimidation. WI
1t the method adopted TO set right this 40
ng was totally objectionable. When nc
Legislature assembled on the fourth of &c
larry. 1870, the minority OF the persons na
led to organize the House repaired TO ha
State House and prepared TO possess lie
lseives OF the organization by force. err
bers OF persons prominent in the White III
rue were On hand to assist. Sealing err
ers were forwarded in readiness for the COZ
7 OF accompliceS from without, who bu
d i'll all probability, after the seizure The
G House, have displaced tic existing Te
tie and put in its place the other body, Bu
ling to he the rightiul Senate. When ito
Clerk of the laat House began to call hel
oil, one of the minority moved that ito
Niltz be declared Speaker, and the mo. eve
was declared carried by the person be-
made it. 1t was rot in fact carried, Tau
vas opposed by q majority. Therefore gal
Niliz took the gavel. a motion was agi
} to sea- five members from the four we
at parishes, which he declared carried. ora
,h it was not carried, but was opposed apl
no;nr;tr IL 81, 5o.1...: Ng | all