The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-11-18

tf1nl OIL, Ill causes lHYulNlu6 HuHhS AZ
terests al least ought 10 be public, an'
that all the proceedings resorted to fo
the purpose Of determining the issues Ii
the present electoral contest ought b!
their manifest impartiality 10 dlsarn
the suspicion that the forms OF laV
have been perverted into instrument
for the violation Of its spirit 10 thi
connection We may be permitted 10 oh
serve that while undoubtedly, as you say
a sedulous medication and cultivation o
the habits OF obedience to the forms o
the law Is necessary to tho preservation
of constitutional liberty, it is no less i'm
portant that a refusal 10 yield such ODE
dience be not provoked by using theS'
forms rs means for subverting the yer!
ends for which they were designed. With
out undertaking to question the sincerit,
OF the belief which you are at pains L
express, that you know Of no reason t
doubt that the Louisiana Returning
Board will make a perfectly honest anC
Just declaration OF the result Of the re
cent election in Louisiana, we deem i
not improper to remind you that the
presence in this city OF so many citizens
from all parts Of the Union at this mo.
ment seems TO be evidence OF a wide.
" prevalent distrust Of the action
Of this Board, and that such distrusi
has this foundation, at least, that the
Constitution Of the Board has not been
changed since It's returns were set aside
by a Congressional Committee Of which
the Republican candidate for the Vice
Presidency was a member, and this dis.
trust is not unnatural in view Of the fact
that, as weunderstand, one Of the MEM
bers Of the Returning Board is q candi.
date voted for at the recent election, and
another the holder Of an Office Of profit
and trust by appointment Of the present
Executive Of Che National Government,
while all the members Of the Board are
believed to be in affiliation with but one
Of the parties to the present political con.
test. In view OF all this 1t is partly
necessary to add that the terms OF
our letter were not designed to pre-
Judge the question whether the func.
lions Of the Returning Board were
Judicial or ministerial, or both, bu. simply
10 invite you to see with us that, what
ever may be the character OF these func-
tions, they are openly, fairly and honest
ly discharged; and while we thus refrain.
ed from any attempt at stating or
constituting the laws Of Louisiana, We
deem it equally irrelevant to the subject
OF our correspondence with you to allude
to the duties devolying upon officers
other than the constituents Of the Louisi.
ana Returning Board under the laws and
Constitution OF the United States. Wheth.
er, as you observe by way Of illustration,
under the Constitution the President OF
the Senate both counts and declares
the votes, of tho electors Of tue sew.
eral States, his duty being purely min.
isterial apd not at all subject to the
control Of Congress, or whether, as has
been the practice for more than eighty
years-a practice inaugurated by men
some oil whom had been among the franz
crs OF the Constitution-thc votes arc to
be counted under the direction and con.
troll OF the Senate and House OF Represen.
tatives, Is question upon the discussion
OF which we deem il no part Of our duty
10 enter. -
In conclusion, permit US to say; that
Notwithstanding your refusal 10 cooper.
ate, we still cherish the hope that the Re-
turning Board, warned BY the history
OF the past, and conscious that its actions
are being observed by the whole nation,
will discharge It's delicate duty with such
circumspection, fairness and impartiali-
ty as will give satisfaction to the
whole American people. To this end
we will continue to labor. Should diff
ferent result follow the action OF the
Board, we shall have tho 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,