The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-18

to attempt to alter the laws OF
state OF which we are not citizens, or to
those whose duty 1t IL to administer them but
we had supposed, nevertheless, that there was
an influence which might he rightfullv exetted
by citizens Of this republic who are strangers In
this state, and We had taken II for granted that
your presence here In response to the sueees-
ton Of the President was a recognition OF this
fact. We mad supposed that 1t was not Improper
Tor US to remind the authorities OF this state,
by our mere presence at least thai there are
certain rules OF Z irness and justice which
underlie all consiit tions and laws, and
upon whose observance must depend
sS pes % sss Gsearsd feu, sS Louis
lana elections. Rules such as these, that no ono
ought to be Judge In his own case that the de-
cisipn Of any conduct ought not TO depend upon
the mere arbitrament Of one OF the parties
thereto that before such a decision Is made
10th parties ought to be fully aud { my heard
all questions Of law ought to he decided In con-
fOrmity with its established general principles,
and all questions of fact upon evidence duly
presented and weighed under the rules which
are OF universal recognition In all the states ot
this Union; that the trial of all uses involv-
ing public interests at least ought TO be pub
lie; and that all the proceedings resorted TO
for the purpose Of determining the Issues IN the
Test impartiality, to disafm the sustlcion that
the forms of law have beon perverted Into In
struments Tor the vlol ltion OF its spirit. TINS
injection we may be permitted to observe
cultivation Of the habits of obedience to the
forms OF law u vital TO the preservation OF con-
stitutional liberty. II IL no less important that
refusal to Yield such obedience be not provoked
by using these forms as means for subverting
tue very ends for which they were designed.
without undertaking to question the sincerity
OF the belief which YOU are ~ pains to express.
Louisiana Returning Board will make per
fectly honest ana Just dec caration Of the results
OF the recent election In Louisiana, we deem IL
not improper to remind YOU that the presence
In this city OF 40 many citizens from all parts OF
the Union, at this moment, seems to he eyi-
dence Of u widely prevalent distrust OF the ac-
ton OF this board, and that such distrust has
the foundation at least that the constitution Of
the board has not been changed since Its re-
turns were set aside by a Congressional commit
tee, Of which the Republican candidate for the
vice-Presidency was memb ber aud this
distrust Ia not unnatural. In view OF the fact
that, as We understand, one Of the members of
the Returning Board Ia a candidate voted for at
the recent election. another the holder OF an
ONCE of profit and trust by appointment OF the
present Executive Of the national Government.
while all the members OF the Board are believed
to be In aillstion with nut one OF the PARTIES To
the present political contest. In view Of all
this, II Ii hardly necessary to add that the terms
OF our letter we're not designed to prejudge the
question whether the functions OF the Return
Ing Board were judicial or Ministerial or both,
but simply to invite you to see with us tn al what
ever may be the character Of those functions
they are openly. and fairly, and honestly dis
charged; and, while we thus refrained from any
attempt at stating or constituting the laws Of
Louisiana. we deemed II equally irrelevant to
the subject Of our correspondence with YOU to
Hllude to the du les devOlving upon officers
other than the constituents OF the Louisiana
Returning board, under tue laws and Consutu-
tlpu W tne iltcu Nth't-s Nitthtls 40 Nou oO-
serve 10y wav OF illustration. under the Constitu-
tion, the President of the Senate both counts and
declares the votes OF the Electors OF the several
States, bis duty being simply ministerial and
not subject to the control Of Congress, or
whether as has been the practice for more thsn
eighty years, a practice inHugurateu ny men,
some OF " hon had been among the frImers OF
the Constitution. for the votes to be counted
under the direction and control OF the senate
sud House Of Representatives. Is n question
upon the discussion OF which we deem II no
part " our duty to enter.
In conclusion, permit us to say that, notwtth
standing your refusal to cooperate, we still
cherish the hope that the Returning Board.
scous that its actions are being obs rived BY the
whole nation. Will discharge Its delicate duties
with such clrcumsp pect on. fairness, and Impair
Il lty as Will give satisfaction to tho American
teOple. 10 this end we will continue to labor.
Should different result folio " the action OF the
board, We shall have the satisfaction OF knowing
that. while you have taken the responsibility OF
declining to act with US, we have done all In our
power To avert the consequences which may fol-
low. Very respectfully.
JoHs VI. PALNln LYMAN rrvnBuLL. and ". n. Mon.
RIeoN OF Illinois,
8. j RSSpaLL A. O. CpErIs, and wS BioLsR Of Penn
sylyAnia.
J. Il. DooIIrrLH and GEoRoR n. SMITH u Wisconsin.
J. r.. MCDONALD. q. W. JULIAN, NJ ID MANSON, and
j. q. Low Uf Indians
H. " MArTRRsos, J. W. STEVENSON, and II. ID. MClIkSRr
Of Kentucky.
OSWALD orTEspoHEh and p. r. couDrRr Of New
J. n sTALIo and p. II. WATSON OF ohio.
L. '. BooY. JAMES y. BRoADHEAD. and G. GIBsoS Of
Missouri.
JOINS LEE CARRoLL and ". y. HAMILTON OF Maryland
". Y SUMNER Of Connecticut.