The Portland daily press., 1876-11-23
The Louisiana Returning Board.
Congressman Frye's Explanation "a ,be
Action OF the Congressional Conn'..ee
iu 1s75-The Board Not Condemned for
any Fraudulent Act, but for mistake
IN the Construction of Law simply. 20

| ploss.s' w neeler, Hoar apd Frye of the Con-
| gressional Committee of the 43d Cougrsss haye
been repeatedly quoted in condemnation u Il,
| are my apology for this communicate
| The barbarisms of the white mans pai
| IN louisiana have never been understoo,. IT
appreciated by the people of the North. fae
| hepuoncans nave been unwilling to give credit
| TO the terrible history, aud the Democrats have
studlously and persistently denied and ridiculed
1t. 1t is not the province of this article TO re-
view It, but brief statement of the election of
| for the Returning Board"
In the spring of 1868 there was an election,
| entirely peaceable, the Republicans baying q
majority OF more than 25.O0O In the summer
me white Mans Party was formed; in the
| fall occurred six bloody and terrible massacres,
| the Boosters Parish, the st. Laundy, the Or
leans, the Caddo, the Jefferson and the ST. Ber-
/ nard. -'--
The following summary of testimony will be
found in Judge Poland's report of the AID Con-
| gress, No. %; PIP p and %:
"The testimony shows that over two thousand per-
| sons were killed and wounded within few weeks
prior to the eleetioni that half the state
run by violence; midnight raids secret murders and
open riot kept the people in terror until the
Republicans surrendered, and then the election was
| carried by the democracy. The Parish OF Orleans
contained 2s, $40 votes of which 15,o20 were black
In. In the spring that Parish gave 1878 Republican
weeks sWeepps be eT ~ ,s N qs
filling 1t with scenes of blood. white Ku Kiux notices
| were everywhere posted, warning the colored men
voters. In the spring they carried the Parish by
large majority-in the fall they gave Grant vote
In In St. Laundy Parish M the Republicans had regis
their majority was SIS, while in the fall they gave
Grant no VOTE and the democracy cast the tul vote
1887, for Seymour and Blair" 4tt- o.
In twenty-five parishes and BY parishes 1
mean counties, $4,000 Republican voters were
driven from the polls, and only 1920 allowed to
vote. Over one Thousand voters, all colered
Republicans, were killed. It became entirely
evident that elections would be only fsfces, or
II the Republicans persisted in trying to vote
bloody tragedies, under the old and ordinary
system of holding them.
To remedy this, the Legislature took the DOW
ers hitherto vested in commissioners of cleo
tlons, and vested them, so far as the counting
OF the votes was concerned, in the hands of 1--WE
men, who were to be the returning officers of
the whole state; and also clothed them with
one additional power, namely-in event OF O
condition of things like the above occurring at
an election, they, acting in a body, should be
authorized to hear evidence, find facts, and IL
IN their Judgment such fraud, violence or terror
existed in any parish as to prevent the majority
OF the legal voters from voting, then they should
have the power to declare it a mob, and throw
out the votes of that parish or poll.
such is the returning board of Louisiana,
and without it, as one distinguished witness
before our Cong ngressional committee said, an
election ia that state would simply register the
distates of murderous mob. This became the
law in 1872, and Gov. Wells, John Lynch,
Gen. Longstreet, Mr.. Casanave and Louis M.
kenDer were elected by the Senate returning
officers in January, 1873. Mr., Lynch resigned
and L. G, Anderson was elected in his place by
the board. The party nomenclature was then
Republican, Conservative and Liberal Repub.
lcan, each of these parties being represented
on the board. At the last election in 1874
party names had changed; they were Republi-
can and Conservative, or "white man. or
white League. .a a..--r5 s.-.- .,..s..,-
In November, 1874, the board met to canvass
the returns. The white mans party protested
that they had no representation on the board
Thereupon Gen. Longstreet resigned, and Mr..
Arroyo selected by this party and entirely In
sympathy with them, was appointed, and took
an active part in their deliberations up to
Dec. % 1874, two days before the final adjourn
ment of the board, when he resigned. During
this canvass, counsel for both parties were
present, protested, argued examined and
cross-examned witnesses, and the evidence
before our committee disclosed 20 want Of
cheat by any of the board -
L think | can safely assert that Messrs.
Wheeler, Hoar and Frye never found any
fraudulent acts or purposes on the part Of these
gentlemen, nor did they or either Of them ever
assert privately or publicly, 10 conversation, or
n the official report that there vas any want
confident that the e7fdeecs N the ne46aF475
profound respect for the members of the
board, and satisfied them that they did not err
in their findings OF fact. .v7E .r.-1'-E1sasf
1 quote from the report signed by MeSsrs.
Wheeler, HOar and Frye: a+5 1src9
eve now come to the events of 1874. The cam
paign was inaugurated by the formation OF party
designed 10 divide the people OF Louisiana on the
m p tbs wbs az s9on
party assumed various Dames in various localities,
always indicating purpose to make the race issue
distinct. The speeches at public meetings and
leading articles in the urged the people to deeds
OF violence 1t is impossible to srate in the space
awess Violence which wera proved before the com.
mittse. In many Parishes the legal officers were
driven out by force Republicans were murdered or
compelled to fly for their hyes-whatever the pre-
text, the real ofense their political opinions
The White League of New Orleans itself was and Is
State 1t would be DESTROYS and able to overthrow the
State Government at any time, If not prevented BY
the power Of the United States. -r 49,. ..',-
We cannot doubt that the effect Of all these things
was to prevent full free and fair election, and to
ntimdate the colored voters and the white Republi
| cans. The very formation OF q white mans party
was menace Of terrible import to these who re-
membered Colfax and Bosser and the convention.
The press was filled with threats Of violence. The
agreement to discharge aborers the suggestion that
wild beasts are tanned by hunger. was evidence of
the same spirit The overthrow Of the state govern
the turning ont large numbers OF parish ofcsls IN
the country compelling them to Zee for their lives;
tne fearful lesson o. Gousnstts tne arm
successors Of knights Of the White Camelia; these
| things in community where there is no legal
punishment for political murder, must In the natnre
OF things have filled with terror people timid and
gentle like the coored population OF Louisiana. even
mad not taken abundant evidence as to special
acts OF violence and crime and their effects on par
| cular neighborhoods. s..-~s-..,, :.
In view of these facts we dc not hesitate to find
that the election Of 1874 was neither fun fair
that in large portions OF the state the usual means
of instrucng and pursnading the people, of organi
zng and conducting campaign, could not be carried
by republicans without danger to their lives; and
that many voters than were needed to give the
republican party complete victory were prevented
from voting at all or coerced into voting the white
1 mans ticket. --- a- -'.--- t---t -t--r pr
1t was to declare the result Of such an election
| that the returning board met at New Orleans IN
/ 1s74,' tr-11 Tl1H .gc.lsIg1-as s. q I,s
| So far as the facts are concerned, this board
/ IN no respect went beyond eur own findings.
| But the third section of the act cresting the
board provided for certain certificates of super
| visors or commissioners and Of this oar COM
| mittee said: D 20 .-iJ et - E.
| "Upon this statute we are all clearly of opinion
that the returning board had right TO do anything
| except to canvass and compile the returns which
were lawfully made TO them by tt local officers. ex
cept in cases where they were accompanied by the
certificates of the supervisor Commissioner provd-
ed in the third section. In such cases. the last sem
tence of that section shows that it expected that
they would ordinarily exercise the grave and delicate
duty of investigating charges OF riot tumnlt bribery
or Corruption on hearing Of the parties interested
in the ofioe. 1t never could have been meant that
this board Of its own notion sitting in New Orleans
notice. could decide the right OF persons claiming TO
be elected. E'9i t'.l q stG e -
The board took a different view of its powers and
| proceeded to throw out the votes from many polls
SheIe they found intimidation and violence to have
existed. The returning board claims that In this
| proceeding they acted under an honest belief that
they right in their construction OF the law and
that they giving effect to the true will Of a
| majority of the people OF Louisiana, and that In
their construction they followed the precedent set by
| the democratic or fusion returning board OF 1917
| We believe they did follow such precedent We
have no doubt that they believed uhey were defend-
| ing the people of Losiana against fraud on theii
| constitutional rights"
| Do not these citations justify my assertion
| that we never condemned this Board for any ol
| its findings as to facts. They made mistake
| in their cons truction of the law. but to fnd
| them corrupt for this would equally condemn
every judge of every court in the country.
Gov. Wells, chairman of the Board, wa.
| born in Louisiana, was an old Whig-a man o.
wealth, the owner of two large plantations, o
one hundred and fifty slaves, held socially q
proud position as any, opposed secession, wa
driven from his home, for year and a half hlt
in the wood and swamps, was hunted by blood
houds. his property all destroyed, his famil,
scattered. In 1864 was elected Lieut.. Governor
J of louisiana In 1865 elected Governor bJ
both Republicans and Democrats. ......
. He was a witness before our committee, ant
| boldly said to the two hundred rebels present
"You called me jayhawker when was In ia
} | swamps, but ha1 rather be known forever a
| . ;ayhaw h or than n traitor" He is q man Q