The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-12-13

NEW ORLEANS, Dec. q. 1876.
To the Hon. Abram :. Hewitt, Chairman Dem
Ocratic National Committee:
The returning board of Louisiana having
this day promulgated the result of the r.
cent election in that state that the HAYES and
Wheeler candidates for electors received a ina
watched the proceedings of the board in open
ing and canvaSsing the returns till il went
into secret session, deem ii our duty to lay
before you ana the public such facts connected
with the election and returns as will, we
think. clearly show that the action of
the returning board i'm prOclaiming. tn.
election of the Hayes electors is arbitrary un-
fair and without warrant of law, and
we adopt a applicable TO this canvass the
lahSuaSe OF report made 10 the United
States house OF representatives in 1915 by
George i. HOar, w. \. Wheeler and William
i. Fry in regard TO the canvass of 1872, i'm
which they say: eThe SO-called canvass
made by the returning board in the interest
of Kellogg seems TO Us to have no validity, and
is entitled TO no respect whatever" We also
adopt the language OF this same report upon
the condition of Louisiana in 1875: "In the
state of Louisiana there is a governor in Office
who owes his seat to the interference of the
national power, which has recognized his
title TO his office, not by reason of any ascer-
tainment of the facts by legal process, but has
based Its action solely on the illegal order of
Judge
"In the same state there is a legislature. one
branch of which derives its authority partly
from the same order the other being organized
10y majority who have been established in
power by another Interference of the national
government, and which majority derives its
title, not from any legal aScertainmeni of The
facts. but from the certificates of returning
board, which has misconceived and exceeded
its legal authority"
November Is, 1876, before the returning board
commenced the canvass of the electoral VOTE
the candidates Tor electors on the democratic
ticket presented a protest against its jurisdc-
ton over the subject, or its canvass of the
votes relating to the same. This protest was
summarily OVerruled by the board. without
ahording an opportunity for argument. No
legal proposition in our opinion is clearer than
that the board was mistaken as 10 its powers.
and that il had nothing whatever to do with
the electoral vote. The constitution of the
nited States declares: each state shall ap-
point i'm such manner as the legislature thereof
may direct a number OF electors, equal to the
whole number of senators and representatives
10 which the state may be entitled in the con-
Sress, but no senator or representative or per-
son holding an office of trust or profit under
the Inited states shall be appointed cleo
tor
TIN STATE LAWS,
The legislature of Louisiana has either di-
rected the manner in which the electors shall
be appointed or il has not. The election law
of lS72 and amendments under which the re-
turning board is created and acts makes no
provision as TO the manner of appointing cleo
tors OF president and vice president, whether
by the legislature or by a vote of the people
nor whether by the state at large or by CON
provisions as 10 the qualification OF electors
the place where they are TO meet, nor for fill
ing vacancies. Section II of that act declares
as 1OllOWS: Inal the act snail take effect from
and after its passage, and that all others on the
subject of election laws be. and the same are
hereby repealed" This is not an implied but
a direct repeal of all prior election laws
to which it refers, and if it repeats the pre-
vious act of 1858, revised in 1870, providing
for the appointment of presidential electors,it
repeaIs the whole OF it and all its provisions,
and there is no law of the state on that SUBJ
ject, and of course the board would have no
jurisdiction to canvass votes for such officers.
If, on the other hand, the act of 1872 does not
repeal the law of 1870, then presidential cleo
tors must be appointed, and the canvass of the
votes therefor must be made in accordance
with the law OF 1870 and the returning board
has noJurisdiction over the subject, as Will be
seen by reference 10 some OF the provisions of
the act OF 1870, which are as follows:
''Sec. 2.S2i. Every qualified voter in the state
shall vote for electors as follows: Two persons
shall be selected from the state at large, and
one person shall be chosen from each congress
siOnal district in this state; and in case any
ticket shall contain two o more names of per-
sons residing in the same district except the
two from the state az large, the first of such
names only shall be considered as duly voted
for"
'.sec. 2,s25 No person shall be considered
qualified elector who is not q qualified voter
in the district for which he is chosen. or i'm
case OF being selected for the state at large,
then of some parish Of the state"
''Sec. 1926 Immediately after the receipt of
return from each parish, cor on the fourth
Monday of November, If the returns should
the secrefary of state. the attorney general a
district judge OF the district in which the seat
ofgovernment may be established, or any two
of them, shall examine the returns and ascer-
tain uherefrom the persons who have been
duly elected electors"
''Sec. 2,S29. The electors shall meet at the
seat of government on the day appointed for
their meeting, by act of congress, the first
Wednesday in December, and shall then and
there proceed TO execute the duties and SER
vices enjoined upon them by the constitution
of the United States, in the manner therein
prescribed"
'sSec. 2,s3O. If any one or more of the cleo
chosen DpODlc shall
cause whatsoever TO attend at the appointed
place at the hour of p. m. of the day pre-
of the electors Immediately to proceed by bal
lot 10 fill such vacancy or vacancies"
II is immaterial, so far as affects the jurisdic-
ton OF the returning board, whether the act
of $50, relating to the appointment of presi-
Dental electors, is repealed or not. II repealed,
there is no law in Louisiana for the appoint
ment OF presidential electors; if not repealed.
then the canvass of the returns cast for such
electors must be made by the governor, in the
presence of the secretary of state, the attorney
general, judge of the district in which the
seat OF government may be established, or
any two of them, as required by the act ofls'o,
and in making such canvass they would be con-
fined to an ascertainment of the persons elect
ed, according to the returns without authority
TO reject votes. In no event can the returning
board have jurisdiction of the returns of
electors of president and vice president and
their canvass of the same is therefore a nullity
and entitled to no respect from any one. Ia
another aspect II may be important TO detef-
mine whether the act of 1870 is repealed, for Vi
il il. the statutes of the state provide no mode
of filling vacancies in the electoral college, and
IL is understood that two of the electoral can
didates on the republican ticket held offices of
trust or profit under the United States at the
time of election, and could not therefore be
appointed electors.
Other objections were made 10 the jurisdic-
ton of the returning board. That it was anti
republican; that IL was in conflict with the
constitution OF the state, in that IL undertook
to exercise judicial functions, and in that with
only four n embers 1T was not legally consti-
tuted.
The election law declares: "That five per-
sons, TO be elected by the senate from all polit-
ical parties shall be the returning officers for
all elections In the state, a majority of whom
shall constitute quorum, and have power 10
make the returns OF all elections. In case OF
any vacancy by death, resignation or other
wise, by either OF the board, then the vacancy
shall be filled by the residue of the board of