The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-11-22

OF the votes actually east, the Republic
can representatives returned an answer
declaring in words as follows:
New ORLEANS, Nov 10, 1876.
GEx-LEMEN-Th majority of the un-
dersigned, to whom your no OF the l4th
inst was addressed, only arrived ia this
city Yesterday evening. We have, there
fore. been unable to reply until this
morning and can only regret that your
communication should have been given
to the press Immediately upon It's deliv-
cry, and without the possibility OF an an
swer accompanying it. You remark that
YOU are informed that we come at the
request Of the President ito see that the
Board of Canvassers made a fair count Of
the votes actually east, and ask that we
meet and confer in order that such lnflu-
ence as we possess may be exerted on be-
halt of such canvass of the votes actu-
ally cast, as by its fairness and impartial
ity shall command the respect and conf
dence of the American people OF all par
ties. We join heartily with you IN
counsels of peace, and in the expression
of an earnest desire for perfectly
honest and just declaration of the
results of the recent election in
Louisiana by its lawfully constituted
| authorities and we may add that we
know of no reason to doubt that such a
declaration will be made But we do
not see the propriety or utility OF the
conference on the basis and subject to the
| limitations you propose tor we have no
| such duty imposed on us as suggested by
the clause of your note just quoted. We
are, at most, requested TO be witnesses of
what shall occur in the canvass Of the
votes, without power of legal influence
over the result, or over the means by
which, under the laws of Louisiana, the
result is to be determined. We cannot
doubt that in this you, upon reflection,
will concur with Us. We are here as
private citizens with no official power
We therefore cannot supersede or modify
any law of that State, nor have we any
right to control or influence any OF It's
officers, as to the manner in which they
shall perform ministerial or judicial du-
ties imposed upon them by its laws; and
should we, being strangers and without
official functions, attempt this, we should
be condemned by the people of every
State in the Union for an improper in
reference with local administration.
The following extracts from the laws
of louisiana show that the Canvassing
Board is expressly required in certain
cases to exercise judicial as we'll as min
isterial functions -(sectiol 3, election
| laws y
(Here follow extracts from the Louis
lana laws defining the powers of the Re
turning Board, with which our readers
are amliar.-Eds. CLARGoN)
| Hence, if there are any facts referring
| the judgment Of the board upon the va
lidity of any election or the returns, as
affected by such fraud or violence, it
would be manifest Interference With
State rights and local self government
for persons like ourselves, without off
cial right, TO attempt to influence or con-
troll It's judicial action.
Had Il corresponding board in the
State of New York, in 1868, been au-
thorlzed to pass upon the fraudulent re-
turns of the city of New York fer that
year, and had a delegation of citizens of
| the State of Louisiana, however respect
! able, attempted to influence its judicial
action upon the facts presented to it, un-
der the law OF that State, such attempt
would have been universally condemned.
If the duties Of the Canvassng Board
OF Louisiana were merel y ministerial or
clerical, Is in the case of an officer cbaro-
ed by law with the duty of verifying
and declaring the result of an election
and invested with no discretion as where
the President Of he Senate counts, and
declares the vote Of the electors of the
several States in the election of Presi-
dent and Vice President under the con
stitution of the United States, differ
ent case would be presented. 1t is in
our Judgment vital to the preservation of
constitutional liberty that the habit Of
obedience to the forms of law should be
seIulously inculcated and cultivated
and that the resort to extra constitutions
al means OF redress for ever actual greiv
ances should be avoided and condemned
as revolutionary, disorglnizing and tend
ing to disorder and anarchy.
10 reduce the whole question. there
tore, to the mere clerical duty of count
ing the votes actually cast" as propos-
ed by you. IN distinction from votes le-
gdIly cast and returned, and irrespec-
i've or the question whether they are
fraudulently and violently cast, or other
wise vitiated, involves notification of
the provisions of the laws of Louisiana.
which have already been adjudicated by
the Supreme Court, and would be Who'll
ly unjustifiable here as we'll as in anv
other State of the Union which has pro-
vIded laws to protect the rights of voters
and the purity Of the ballot.
We cannot therefore concur in vour
proposition for a conference on that ba-
sis. Very respectfully,
JOHN SHERMAN, Ohio.
STANLEY MATHEWS, Ohio.
j. A. GARFIELD, Ohio.
HE Reply of Nessrs. TruDhuu
ana Others-A DemOIiSLer