The New Orleans Democrat., 1876-06-22


are but two requisites to a valid elec-
tion The one Is the deposit OF the bal
lots, and the other Is the count-not of
the ballots but OF the Rsturning
Board. In that State the people 90
through the farce Of voting, aud
then the Returning Board assemblies
and elects whom it pleases, and II We
dare complain we are quieted by the
bayonet. For has not that same immac-
proving seal upon all the infamous work
OF the Infamous Returning Board, and
declared that It's return was final and
conclusive Such Is it's settled doctrine.
So much, sir, for the Louisiana Su-
preme Court and its decisions
But suppose 1t were q tribunal which
commanded the reverence and respect
which ought to attach to so high tri-
bunal, could It's decree be invoked to
cramp or dwarf the constitutional power
Of Congress to judge of the election and
qualification Of Its members, and In the
performance or exercise OF this power,
to bind Congress to accept its interpr0-
tation OF those statutes under which the
election was held and out OF which the
case for the judgment OF Congress
arose? The doctrine is monstrous, and
cannot be successfully ,, contended f0r "a
In the execise OF the powers con-
ferred by the Constitution Congress
| is supreme, and its jurisdiction
Of any question cOnfided to 1t
and it's decision thereon are unlimitey
and absolute and no decision of and
court can be invoked as binding upon
Congress in any case specially confided
to Congress for decision by the funda-
mental law.
A portion Of section 10 Of the Louis
lana election law is designed to secure
correct evidence of the election, making
it peremptory upon the commissioners
| to perform certain functions Immediate
| ly at the voting place and after the clos
ing of the polls. Yet we are told by the
Supreme Court OF Louisiana that these
provisions are merely directory, and
that their violation or disregard does
not vitiate the election.
/ L read now from McCrary's Law OF
Contested Elections: ~
Where. as is the case in several Of the States.
the statute provides mode Ct preserving the
pose of being used as evidence in case Of CON
test, such statute. and particularly thoss prOvi-
sions which provide for the safe keeping Of such
ger that, after the count Is made known. (esDeci-
ally II the vote s very closel the ballots may be
tampered with. Is 50 great that no opportunity
lots in order to be received In evidence. must have
remained in the custody of the proper officers
count until they are produced before the proper
court or officer. and IL it appear that th0y have
been handled by unauthorized persons. 80 e or that
place, they cannot be offered to overcome tho
! official count.
And again the same authority declares :
reauirements Of the law of elections ID that tbs
ballots from the time they are cast untlIthey are
mHst Rs sasy a~a
pefgael bV taBlperig Nth the ballots after ev are
cast and before thev are counted Hts Jor mts
requiring that the ballots be publicly canuessed h-
naetiiatefv upon The closing Of the polls.
, This doctrine is strengthened and sus-
, tanned by Judge Cooley in his COnstitu-
tional Limitations, page GIT, where ne
. says:
III And 1t was said in the same case, that any ir.
regularity inconducting an eieesiDn wnisn does
not deprive legal voter OF his vote. or admit g
! disqualified voter to vote fOr cast uncertainty
upon the result. -
Mark the words "cast u1.certGi,iED
: upon the result. 7"
There is but one conclusion, that
q these provisions OF the law were man.
: datory; and being mandatory, and
Y being violated, the election Is SO vitiated
that the returns lose their prima fdcie
l character, and cannot be relied upon,
: and there must be proof dliunde.
Now, let us go to the record. The
i evidence shows that Immediately after
t the close Of the polls these commission
: ers at the fifth ward OF Concordia parish
d violated three mandatory and tmpera
r tive provisions Of the election law Ol
2 Louisiana In the first place they failed
q to make up list OF voters and to swear
e to IL. In the second place they removed
r the ballot-box In the third place they
4 failed to keep the tally-list while the bal
8 lots were counted. They violated three
y provisions Of law in regard TO the count
9 of votes. which Is the second essential o.
. a fair and honest election. Mr.. Dameror
y swears that they did not know they were
g doing wrong; that he had left his IN
! struction book at home, and that tnt
: other commissioners were not willing x
! count the votes at the polls. Both o
y the other commissioners swear that tina
y y was not trt4e and that neither OF then
q opposed the count at the polls.
h But one OF them says, that 1T was hi
k idea. reasoning from what had been tn
old election law, that they must carry
n the ballots to Vidalia to be counted
o Now. the old election law required then
e to carry the ballots to the county sea
i to be counted by the supervisor. But !
e and according to their remembrance o
+ the old election law, why did they not Car
" nv it out fully and do what the old law re
,e o,,ired. and deliver the box to the p9risl
supervisor? No, sir they knew enougl
> to remove the box sixteen miles from
Di the polling place to Vidalia at the dea'
at of night. and arriving there they be
= Thought themselves OF the necessit.
Is for q count, and went up stairs to tn
IS room Of the tax collector and counte'
re awhile, then went to bed and count
x ed again next morning, and leisurely o.
g to the end. Their testimony In regar
!, to the way that the box was carried t
~ ~ Vidalia betrays upon their part 9 cor
5 sciousness Of guilt and wrong. The
K impress one by their testimony with tn
70 70 would steal the ballots and commit
B. fraud. Dameron took the box, and
1e is very careful to tell us that some on
oi else took the key; and when tho b0
,s was changed to the custody Of some on