Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-19
NEW ORLEANS, November II, 1876
The Board OF CanVaSsers in Session

! Broadhead c. Gibson. John Lee Carroll W. T.
Hamilton, w. q. Sumner, p. II. Watson, F. r.
COHdit.
NEW ORLEANS, November 18, 1876.
The Board OF CanvaSsers in Session.
NEW ORLEANS, November Is, 2:40 p.m.-At
twelve O'Clock there was quite gathering at the
room Of the returning boanl. MeSSrs. Cssanaye and
Wells, members of the board were there. Judge
Trumbull, Judge Stalls Gov. Palmer, and EX-tiOy.
M'HenTy, Of the northern Democrats. and the Demo
cratic committee which has charge OF the evidence
to be presented on the part OF the Democrats, were
present. There were number Of Republicans pres
ent also. There was delay In meeting Oh the part
OF the board on account Of the absence of MessrS.
Anderson and KenneF The board met at half-paSt
twelve O'Clock, and authorized the sergeantataTms
TO procure a room for the meeting Of the board \
resolution, offered by General Anderson inviting the
presence Of five gentlemen from each party out OF
the northern Democrats and Republicans In the city,
was adopted Colonel ZachaTie filed "A plea to the
Jurisdiction Of the board who thereafter went into
executive session.
CieneraI Anderson, member of the board, said
there were good many distinguished gentlemen in
the city who would desire to witness the proceedings
of the board. He, therefore, offered the following
preamble and resolution, which were adopted with
out dissent and ordered spread upon the minutes:
OFFICE BOARD OF RETURNING OFFICERS
STATE OF LOUISIANA, STATEHOUsE,
NEW ORLEANS, La, November IL. 1876.
Hon. John Sherman, ST. Charles Hotel, New Or
leans:
officers, held this day, the following preamble and
resolution, introduced by General Thomas c. An
derS0n, was unanimously adopted:
WHEREAS, This board has learned with SatiSfac-
tiOn that distinguished gentlemen of national repl-
tatiOn from other States, at the request of the
President of the United States and some at the re-
quest Of the National Executive committee of the
Democratic party, present In this city with view
to witness the proceedings of this board in canvas
sing and compiling the returns Of the recent election
I'm this State for Presidential electors, in order that
the public opinion OF the country may be satisfied of
the truth Of the result and fairness OF the means by
which ii may have been obtained and whereas, this
board recognizes the Importance which may attach
10 the result of their proceedings, and that the
public mind should be convinced OF its justice b.
knowledge Of the facts on which il may be based;
therefore, be Ii
BeSoLyed That this board does hereby cordially in-
wife and request five gentlemen from each of the two
bodies named to be selected by themselves respect
lively, 10 attend and be present at the meetings of
this board while engaged In the discharge Of its du
ties, under the law, I'm canYasSng and compiling the
returns and scertainlng and declaring the result of
said election for Presidential electors, in their
pacty as private citizens Of eminent reputation and
high character and as spectators of the proceedings
]. MADISON WELLS,
President of the Board OF Returning Officers.
To which the following answer has been sent:
ST. CHARLES HOTEL. !
NEW ORLEANS, November Is.
To Hon }. Madison Wells:
SIR have received your note of to-day with
CODY of the resolution Of the board of returning Off
GERS of the State OF Louisiana, and have cOmmuni-
Gated the invitation contained In 1t 70 the gentlemen
who are here at the request Of the Presi-
canyassing Of the vote at the election In
this State for Presidential electors and am nstIuc
invitation and that they will designate committee
of five OF their members to attend the meetings Of
the board; and take this occasion TO express my
thanks for the courteous terms of the invitation, my
deep sense OF the importance of your proceedings
and my confident hope that they will be so conducted
10 convince the public mind Of the justice of your
JOHN SHERMAN.
The secretary OF the board reported that the eec-
tiOn returns from thiTtyve parishes had been filed
with him. but there yet returns from thiTty-six
parishes to arrive. The question was raised as to
whether the board could begin the compilation and
until all Of the returns had been received 1t
was determined, however, to commence on Monday
the twentieth instant, and TO take up the parishes
alphabetically, and by cOngressi Onal districts
Colonel Zacharie, chairman OF the Democratic
committee on election and returns, requested to
know whether the presence Of the counsel represent
ing the Democratic candidates would be allowed
during the deliberation Of the board.
The president replied that only in cases where dis
puted points arose would counsel for both parties be
called In. He added that the counsel would be per-
mtted to inspect the returns when they were opened
In order to see whether they had been tampered
with.
Colonel Zacharieof the counsel for the Democratic
Candidates, fled plea against the constitution of
the board and protest against certain action. The
following grounds were set forth:
First-By section two act nineteght, S72, creating
the board of returning officers there Is no term fixed
for their tenure Of Office, and by the same section II
is provided that In case OF any vacancy by death,
u
the vacancy shall be filled by the residue of the
board, thus creating board with the power of per
pctuating itself indefinitely, and comforting said
power In certain contingencies upon single person;
that said board is authorized to canvass and return
as elected members Of the legislature and said mem
beTS are alone authorized to participate I'm the Or
ganizatiOn Of either branch Of the legislature and
said legislature, constituted, under act fOry-eight
title three Of the constitution OF the State of Louis
iana shall examine and count the votes for governor
and lieutenant governor; the direct and immediate
effect Of all of which is to place power I'm the hands
of ye persons, or ultimately in one person. and his
appOnteeS for all time, TO determine what persons
shall be constituted the executive and legislative
branch OF the State government; that said act in |
said respect Is I'm direct conflict with the constitution
of the United States and Ofthe State of Louisiana as
creating government not republican I'm form or |
character.
Secondly the act under which the said board |
claims TO proceed, the said board is vested with |
powers judicial In their character, and I'm that re-
spec the act is in conflict with article ninetyfOur of
the constitution OF the State OF Louisiana.
Third-That II the constitutionality of the law |
was established beyond question, we again object
and protest and except to the manner in which the
present acting board is constituted The act mine
tyelght Of 1872 section two provides that five per
sOns 10 be elected by the senate from all political
parties shall DC the returning officers for all cleo
tlOns IN the State. We except, object and protest /
that the act has not been complied with as none of
the members now composing said board are mem
Bers OF the Conservative party and there
fore said board is not constituted as required by law
FOurth-ln behalf of the Democratic party and /
electors the counsel protest against the counting and
OF the votes for A b. Levise and o. II. /
Brewster, the Republican electors, on the ground |
that when Brewster voted for he was occupying |
the Federal position Of United States commissioner
and was Ineligible, according 10 article two, section
TWO of the constitution.
The board will determine on Monday whether the |
argument In this protest will be permitted. No elec
don Was held TO MI the vacancy on the board which
adjourned until noon Monday.
The Five Democrats.
NEW ORLEANS, November IS-The visiting |
Democrats appointed the following gentlemen to re- |
In hAE md nNufFT ,F
7OteS by the returning board: Hon. John NJ. Palmer
Illinois; Hon. Lyman Trumbul, Illinois; Hon
william Bigler, Pennsylvania; Hon. George B. /
smith, Wisconsin, and p. H. Watson Ohio