The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-12-08

any riot, tumult, acts OF Vlolence, lntnluhVlou,
armed disturbance, bribery. or corrupt inhu-
ences which prevent or tend to prevent fair, |
free and peaceful vote of all qualified electors |
entitled to vote at such polls, the board shall |
proceed to investigate the facts and if from /
such statements and affidavits they shall be |
that such courses did not materially |
interfere with the purity and freedom of such |
election, or prevent sufficient number of quail
flied voters from voting to materially change
the result of the election, then such vote shall /
be canvassed and compiled; but if they are |
not thus fully COW inced it shall be their duty /
to examine further testimony in regard thereto, |
and to that end shall have power to SEND for
persons and papers, and if, after examination,
the board shall be convinced that such acts OF
violence, intimidation, ETC., did materially IN
terfere with the purity and freedom OF the eec-
tion at such poll, or did prevent sufficient
number of qualified voters from registering or
voting ito materially change the result OF the
election, then the board shall not canvass or
compile the votes of such poll but shall exclude
it from their returns Nothing can be more
simple, more just than these provisions The
statute of Louisiana has provided only for the
rejection of votes, and it is worthy of remark
that the most fragrant cases submitted to that
board have, as proven, occurred in the parishes
where the Republican registered vote, which
would undoubtedly have been cast but for the
intimidation and violence, largely exceeded the
registered vote of the Democratic party
We have thus alluded to some of the causes
have also called attention to its duties and the
proof upon which it is authorized to act 1t is a
tribunal established by the laws of Louisiana
entirely Independent of the laws of any other
state, or of the United States. 1t is empower
ed among other things to canvass and finally
determine the number of votes legally cast for
the electors of President aud Vice President of
the United States but in the discharge of that
1uty it acts explicitly under the authority of
the laws that state that the Constitution of
- aA daola hat oo}, +afa eholl
appoint in such manner as the legislature
thereof may direct, a number of electors equal
TO the whole number of senators and represen-
tatives. to which the state may be entitled in
the Congress. Not only is the action of this
board Independent OF state or national laws,
other than those of Louisiana, but its deter
minaton as to the votes cast and candidates
elected is final, and substantially conclusive, as
appears from decision of the Supreme Court
of that state, reported in the 25th volume of
the Louisiana annual reports, where the court,
at page 268, says: No statute comforting upon
the courts the power to try any cases OF contest
ed elections, or title to office, authorizes them
to revise the action of the returning board. Ii
we were to assume that prerogative we should
have to 60 still further and revise the returns OF
supervisors of elections, examine the right OF
voters to vote, and, in short, the court would
become in regard to such cases mere officers for
counting compilations and reporting election
returns. The legislature has seen proper to
lodge the power to decide who has or has not
been elected in the returning board. 1t might
have conferred that power on the courts, but il
did not. Whether the law be good or bad, it is
our duty to obey Its provisions, and not to leg
islate."
1t became our duty Immediately on arriving
in New Orleans to thoroughly understand the
constitutional powers and duties of the board
and to examine with care the statutes under
which it was bound to act; and enough has
been written to show that tribunal charged
with such duties and invested with such pow
ers, the members of which were originally ap-
pointed by the senate, is entitled to the respect
of all citizens until it shall be forfeited by vio-
lation of its judicial or ministerial obligations.
The great national Importance of the duties to
be performed by the board invested each men,
Der with much interest, and as many reports
had been circulated concerning them we were
led to make some inquiry as to their individual
history. Two of them, Hen. James Madison
Wells, president of the board, and General
Thomas .. Anderson, next senior member, are
southern born and of old and highly respecta-
Bile families. The father of the former was
Hon. Levi Wells of the parish of Rapids, who
in 1872 represented it in the convention called
to frame the constitution Of the state of Lousl:.
ana The son received liberal education and
was early engaged in the planting and other
interests of his father. He was Union man
from the time the war broke out, and although
he suffered greatly by it in the loss Of property
he never faltered in his devotion to the Union
cause. Under the Banks reconstruction
scheme he was chosen lieutenant governor on
the ticket with the Hon. Michael Hahn, who
was elected governor. and upon the election of
the latter to the senate, year after, Mr. Wells
became governor of the state, to which Office
he was almost unanimously reelected under
the reconstruction plan of President johnson.
His experience in public life has been great
and varied, and his capacity to discharge the
duties assumed cannot be questioned. General
Anderson was born in Virginia. has resided in
the parish of St. Laundry for the period of
some forty years, is cousin of General Ander-
son who commanded Fort Sumter at the out
break of the war, was educated as lawyer, is
farmer and carries on several plantations, is
widely known and highly respected throughout
the state, has been intimately associated in the
promotion of social and industrial interests
of his parish, st. Laundry, and has repres ented
1t in both branches of the legislature more than
twenty years.
Mr.. Casanane, the third member of the
board, is man of intelligence, character and
business habits, not dependent on an Office for
living and not seeking it, but well-educated
citizen who has long conducted prosperous
and respectable business in the city of New
Orleans.
Mr.. Kenner, the junior member of the
board. Is young man born and reared in the
city OF New Orleans, intelligent and active, who
was for some tins in charge of the street COM
missioners bureau in the department of i'm
provements.
We will now present such an outline of the
proofs as disclose not only such violence and
intimidation as prevented fair election in
several parishes and at many polls, but disclose
also that these grave offences were committed
IN pursuance OF preconcerted and settle
plan, formed by the Democratic leaders, to
prevent the Republican voters from attending
the polls. and that such unlawful purpose was
SO efectually accomplished as not only to in.
terfere with the purity and freedom of the
election, but materially to change its result.
To illustrate how carefully the political cam
paign was considered, and the plan mentioned
continuediby the Headers of the Democratic
party, it is instructive to refer to circular is.
sued from the rooms of the Democratic Con-
servatlve State Central Committee at New Or
leans, marked CONFIDENTIAL and signed by
J. w. Patten, President, and P. j. Sullivan,
Secretary, intended for circulation in each par
1sh, and recommending the formation of ward
clubs therein.
These circulars urged that in conversation 10
gloomy foreboding should be INDUCED in, and
that the result of the election should be spoken
OF as foregone conclusion, as we have means
OF carrying the election, and intend to do So
But be careful to say and do nothing that can
De construed into threat or intimidation of
any character. The circular also recommended
that there should be frequent meetings of all
Inc clubs to be formed and that occasionally
they should form at their several places of
meeting and proceed!thenc on horseback to
the central rendezvous, stating that proceed
groes with sense Of your united strength"
and It further recommends that on the day of
election at each polling place there should bs
afhdavits prepared to the effect that "there has
been no intimidation and no disturbances on
account of any efforts by the Democratic Com
servative party to prevent any one from voting
on account of race, color or previous condition
of servitude."
Thus carefully guided from the central Dem
0cratic authority BY this secret and confiden-
tial circulur, urged to impress on timid blacks
by horseback professions a sense of the united
strength of their former masters, and warned
% prepare blank affidavits in advance that no
terrorism bad been exercised.
The Hext, and not least important part of the
scheme OF these leaders was to select parishes
where, having the means to carry the election,
and intending to use them, as stated in the cir.
calar, they could do SO with the most effect.
There were 10 the state of Louisiana on the
day OF election 1896 white registered voters,
and 1880 colored, a majority of the latter of
22,3l4. twas well known that if left free to
vote, nninfuenced by violence or intimidation,
the blacks would be almost unanimously Re.
publican, and that with the white Republican
vote Its majority would be about equal to that
above indicated. The plan appears to have
been to select for the purpose of intimidation
and violence as few parishes as possible (for in
40 out of 81 parishes. where these were not EN-.
ployed the Republican majority was 6OO), but