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

This fact leaves the returning board without
jurisdiction 10 inquire INTO acts OF violence,
etc. al the election or during registrtuOnsanu
with 40 other duty 20 perform except To can
yaSS aud compile the votes returned as me
returning officers OF any other state would do;
and a. the returns opened by them snow q
majority for the Tilden electors, IL ought 70 ne
an end of all controversy on the subject Bur
aS the board, in the face Of the>'' facts, has
come TO the extraordinary conclusion 10 de-
clare that the Hayes electors have majority,
il Is proper 10 look further into IT'S action
The first meeting OF the board attended by
rs was held November %. at which an applicsi-
ton in behalf Of the candidates on the demo-
cratic-conscrvative ticket that all The procced-
ings OF the board should be pubic, ana that
interested candidates should have leave 70 be-
present, by themselves or counsel, at the open
ing of the returns, with the right 10 inspect
the same, was refused, and certain rules were
adopted, against several Of which protests were
fled, and particularly against rule nine,
.. No er palfe affidavits or statements shall
be received in evidence except a. a basis 10
show that such fraud, intimidation or other
illegal practice had AZ some poll, requires in
VestigatIOn; but the retHrns and a1iidaVitS au-
thOriZed by law, made by officers OF election,
or in veriiication OF statements ~ required by
law, shall be received IN evidence a. I3I1'a@
gstcit."
Under this rule several hundred ~ parfe ami
daYits were prepared and sworn TO ina New Or-
leans, charging intimidation and other Illegal
acts in distant parishes, were then put into
the envelopes inclOsing the superN isor's con-
solidated returns. which had been brought 10
the city of New Orleans and kept open for the
purpose. This was done 20 support statements
of intimidation or other Illegal acts interpOla-
ted 10y SuperN iSorS. long after their cOnsolida-
ted returns had been made out and sworn 10
as correct, and been filed with the proper dis
trict clerk without and protest OF allegation of
intimidation or other acts of violence.
The proceedings of the board in executive
session, 20 which We were admitted ,conSiStedin
opening the returns from each parish and eX-
aiming the votes for presidential electors. II
no protest or objection appeared among the
papers, and there was no outside protest from
any one, the returns were sent Ia private
room to be tabulated by the clerks, all of
whom We're republicans, who kept their action
secret. If any protest was found among the
papers or from outside parties, the returns
were laid aside TO be afterward considered by
the board in secret. In the few cases in which
there were charges of fraud, Intimidation, or
other illegal acts, the candidates their at
torneys Were permitted TO take copies Of the
charges, and testimony taken on written in
terTogatories was submitted in regard 10 such
parishes.
December 2d, after all the returns had been
opened, the board went into secret session, and
we were not permitted To see the compilation
Of returns already made nor to know what
rules the board adopted in passing upon con-
tested cases nor the processes by which II ar
rived at results.
certified copy OF the duplicate statements Of the
commissioners OF election AZ each voting place
in the state, from which has been complied
a consolidated statement of the entire vote of
the state for presidential electors.
From this statement, which We believe to be-
accurate, the majority for the highest Tiden
elector over the lowest Hayes electors Is S957.
and the majority for the lowest Tilden eIec-
tor over the highest Hayes elector is 6,3OO.
The returns IN our possession correspond
precisely in most cases with those opened by
the returning board. The difference i'm the
that the board did not have all the
returns before il. The supervisors. all
of whom were republicans many of them en-
plOyes in the custom-hOuse in New orleans,
some nOn-reSidents OF the state, and one of
them under Indictment for murder, withheld
the statements of the commissioners of cleo
iOritieS were given, amounting in the aggre-
gate to about 800 votes. The returning board
refused 70 receive certified copies OF the dHpi-
Gates of these missing returns filed in the
offices of the secretary of state and the clerks
o. the district courts or TO take any effective
measures to procure the originals.
HOW THE FRAUD WAS PERPETRArED.
The returning board, in proclaiming the IL
suit OF the vote for electors. makes no state
ment OF the vote cast in the several parishes,
but simply announces the aggregate vote for
each esctOr in the state, giving the Hayes
electors majOritieS varying from CPS 10 LIP, |
To accomplish which they DISTINGUISHED 1880
democratic and POP republican voters. This |
announcement is made in the face of tile fact
that the statements made 10y the commission
ers of the election showed n majority ranging |
from $500 60 5 So for the Tilden electors. No !
attempt is made TO give a reason for this |
arbitrary action OF the board, nor Is there |
any statement to show what votes were |
counted and what rejected. As well might the
officers canNaSSing the returns of the election
for prcSidentiol electors in Ohio OF NasSachu-
sets declare the rilden electors in those states
elected in the lace of the fact that the returns
showed majority for the Hayes electors. We
have shown that IL is questionable whether
the legislature OF Louisiana has made provis-
ion for the appointment OF electors M all that
II IT has made such provision IL has not
vested the returning board with authority TO
canvass the returns of the votes east for such
oHlcefsf ana tntt III IL were possible 10
cOnstrne the statute as comforting such au
thority on the returning board, then
the same statute limits the authority of the
- mi "a m Df he
statements OF votes made by the commission
ers OF election" without authority to reject
any on account of intimidation or other acts
of violence unless the foundation therefor be
first laid a. provided in the statute; that the
evidence does not disclose that such f0unda-
ton was laid in any instance. There is how
ever, evidence of attempts surreptitiOusly 10
lay such foundation after the consolidated re-
turns were completed, and that the supervis
withheld their returns, for that purpose, and
interpOlated among them pdrfe affidavits.
taken in secret in New Orleans. before a Uni
ted States commissioner, which the board has
no Jurisdiction to consider.
The evidence taken on both sides, so far as il
has been accessible 10 US, disclose state OF
lawleSsness in certain parishes. not i'm the
state generally, about the cause Of which par
To the inefficiency and imbecility of the state
government, which they allege to be a usur-
patton. resting wholly for support on the
federal army, without the confidence
spect of the people, and without the DISPOSE
ton to prevent or punish crime which they
can pervert 10 political uses. Such a state of
things, as might be expected, has led TO disor-
der and in some In stances to the most shock
ing barbaritieS.
The republicans, on the other hand, attribute
the lawlessness TO the hostility of the white
against the colored race and as largely due to
politics.
The murders and outrages which have been
brought to our notice are frequently commit
ted by persons of the same race upon each
other, and in "A large majority OF cases have no
political significance.
Many such cases were brought to the notice
Of the board by pds1e affida.its, without re-
gard To the time of their occurrence and when
they did not have the slightest connection
with the recent election. strangely enough,
il is assumed by the republicans, who have had
complete control of the state government for
wears that IL they cOuld show III II III laWleSS-