The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-11-23

a. you say a sCuuAcOs
ton and cultivation Of the habits Of ODE
dieRce to the forms Of law is vlsal to the
preservation of constitutional liberty, it
is no less important that refusal to yield
such obedience be not provoked by using
these forms as a means for subverting
the very ends for which they
were designed. Without undertaking to
question the sincerity of the belief which
you are at the pains to express, that you
know of no reason to doubt that the Louis
lana returning board will make 3 perfectly
fair, honest and just declaration of the re-
suit of the receht election in Louisiana,
we deem it not improper to remind you
that the very presence in this city of so
many citizens from all parts of the Union
at this moment seems TO be an evidence of
3 widely prevalent dIstrust of.the action OF
this board, and that such distrust has this
foundation 81 least, that the construction OF
the board has not been changed since its
returns were set aside by congressional
committee, of which the Republican caDdI-
date for the Vice Presidency was a member,
and this distrust is not unnatural in view
of the fec; that, as We understand, one of
the members of the returning board is
candidate voted for at the recen: election.
another one the holder of an Office of profit
Executive of the national government, while
all the members of the board are believed
to be in utilization with but one of the par
ties to the present political contest. In
view OF all this it Is hardly necessary to add
that the terms of our letter were not de-
signed to PREJUDICE the question whether
the functions OF the returning board were
Judicial OF ministerial, or both, but simply
TO invite you to see with US that whatever
may be the character of these functions,
they are openly, fairly and honestly dis
charged; and while we thus RETAINED from
any attempt at stating or constituting the
laws of Louisiana we deemed it equally ir-
relevant 10 the subject of our correspond
ence with you to allude to the duties
devolving upon officers other than
the constituents of the Louisiana re-
turning board under the laws aud Consti-
tuition OF the United States. Whether as
you observe, by way of illustration, under
the Constitution the President of the Senate
both counts and declares the votes of the
electors of the several States, his duty be-
ing purely ministerial and not subject to
the control of Congress, or whether, as has
been the practice for more than eighty
years-a practice inaugurated by men some
of whom had been among the trainers of
the Constitution-the votes are to be count
ed under the direction and control of the
Senate and House of Representatives, Is a
question upon the discussion of which we
deem it no part of our duty to enter. 10
CONCLUSION, permit us to say that notwlth
standing your refusal to cooperate, we still
cherish the hope that the returning board,
warned by the history of the past and con-
scious that its actions are being observed
by the whole nation, will discharge its del
icate duties with such crcumspection, fair
ness and impartiality rs will give satisfac
ton to the American people. To this end
we shall continue to labor. Should diff
ferent result follow 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 follow. Very respectfully,
John NJ. Palmer, Lyman Trumbull, VIM.
r. Morrison, of Illinois; Samuel J. Ran
dali, A. j. Curtin, VIM. Bigler, of Penn
sylvania j. r. Doolittle. George B. Smith,
of Wisconsin; o. ]. E. Mcdonald George
W. Julian. NJ D Mason, John Love, of
Indiana; Henry Watters0n, J. w. Steven
son, Henry D. McHenry, of Kentucky;
Oswald Ottendorffer, of New York; j. B.
Stallo, of Ohio; Lewis V. Bogy, James 0.
Broadhead, G. d. Gibson, of Missouri;
John Lee Carroll, William T. Hamilton, Of
Indiana; W. G.. Sumner, of Connecticut;
P. Fl. Watson, of Ohio; F. r. Condert, of
New York.
NEW ORLEANS, November 19.-The to al
vote of the State, made up from duplicate
poll lists received from forty-seven par
ishes and ten parishes estimated by regis
tration this year, and the vote of 1874, is
as follows: For Governor, Nichols "a, 202,
Packard 1912; total, 100, 3l4 Total
vote In 1874, for treasurer 147, 705; an in
crease this year over the vote of 1874 of
IL, 500; Nicholss maj prity over Packard,
of the votes polled, 5000; for tie Tilden
electors five have majority over the highest
vote for the Republican electors, of 9249; ;
the other two Tilden electors Lave ma
jority of 7036. There is discrepancy in
the majority caused by an omission of the
names of five Hayes electors from the Re-
publican tickets in several parishes
ST. LOUIS, November GOWN. Mckee.
arrested for whisky frauds, was released
yesterday.
TALLAHASSEE, November 19.-There is
reasonable grounds for believing that Gov
ernor Stearus, of this State, will assume
that the returning board has no power to
canvass the electoral vote, but that the
power resides in the Governor. This as
sumption will permit the Governor to de-
eide all issues pertaining to the canvass, and
to issue his certificates to whichever set OF
electors he decides are elected. This as
sumption is based upon the fact that the
act creatiag the returning board does not
use the word electors in giving the list OF
officers whose vote the board shall canvass.
The power to canvass this vote not being
specified to be conferred upon the board,
he contends it resides in him, as he is re
quired by the United States law to issue
the electors certificates, and must
canvass it in order that he may
decide who is entitled to certificates. The
Democrats are very much astonished that
this claim should be set up, and contend
that the word sc ectors" is not used IN
the act referred to, simply because electors
are included under the head of Estate off
GERS" which expression is used in the act.
The Democratic State committee waited
on the Governor and notified him that if
he contemplated such step they would ask
permission to file a protest. He stated that
they should have an opportunity to do so,
and this morning notified them by letter
that he should be pleased if they would
forward in writing whatever they had to
say upon the subject. This is considered
an intlmation that he intends to move In
the matter without delay. Elaborate opin-
ions are being prepared on both sides Of
1.-THE question.
There is some movement ordtred in mill
tary circles tonight. Precisely what it is
cannot be ascertained. 1t is supposed that
troops are going to some of the contested
counties.
NEW ORLEANS, November 19.-The fol-
lowing named gentlemen have left the city
| Oswald Ottendorfer, T. Ricondent, New
York; c. w. Wooley, Connecticut; Gen.
G. W. Mcdonald, John Coleman, Governor
John Lee Carol, W. T. Hamilton, Mary
land; Ex-Governor Curtin, Pennsylvania
J. w. Chapman, Charles Gibson. Missouri
w. II. Morrison, Illinois; ]. B. Jeffries and
W. r. Sullivan, Chicago.
The gentlemen here at the request OF the
President, and also those sent by Republi-
can organizations from States other than
Louisiana have determined thew say IN