Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1876-12-23
lNFAMY INFINITE.
BOTTOM FACTS" AS TO THE STU.
PENDOUS FRAUD BY THE LOUIS
lana Northumberland.

;. A Lawfully Obtained Democrat,
Majority Wiped Out on Trump
ed-Up Charges of Intimi-
dation.
The COnspiracy of the Chandle e.
Crew Forcibly Denounced
by the Visiting North-
erncrs.
THE COMMITTEES REPORT.
To Hon. Abrdm S. He,citt, Chairman
Democratic National COmDaittec:
The returning board Of Louisiana har.
ing this day promulgated as the resul,
ot the recent election in that stale, thai
; the Hayes and Wheeler candidates fol
i electors received a majority of the votes
we, who, by Invitation, watched the pro.
ceedings of the board in opening and
canvassing the returns till it went into
secret session, deem it our duty to lay
before yoii and the public such facts con.
nected with the election and the return.
as will we think clearly show that the &C.
I ton of the returning board in proclaim.
!, ing the election of the Hayes electors
i is arbitrary, unfair, and without warrant
of law, and we adopt as applicable to
this canvass the language of report
| made TO the United States house of rep
, resentatives in 1875. by Geo. Y. Hoar,
w. A. Wheeler and VIM. p. Frye, IN re-
gard to the canvass of 1872, IN which
they say: 1.-The so-called canvass made
by the returning board in the interest of
Kellogg seems to us to have no validity,
and is entitled to no respect whatever -
We also adopt the language of this same
report upon the condition of Louisiana
in 1875: lin the state of Louisiana there
is governor in Office who owes his seat
to the interference of the national power,
which has recognized his title to his
office, not by reason Of any ascertain
ment of the facts by legal process, but
has based its action
SOLELY ON THE ILLEGAL ORDER
of judge.
lin the same state there is lsgisla-
ture, one branch of which derives its
authority partly from the same order,
The other being organized by majority
who have been established in power BY
another interference of tho national gov
eminent, and which majority derives
its title, not from any legal ascertain
msnt of the facts, but from the certifi-
cafes of returning board which has
msconceived and exceeded its legal au-
thority."
November 18, 1876, before the return
Ing board commenced the canvass OF the
electoral vote, the candidates for elec-
tors on the democratic ticket presented
a protest against its jurisdiction over
tbs subject, or its canvass of the votes
relating to the same. This protest was
summarily overruled by the board with
out affording an opportunity for argu-
ment. No legal proposition, in our
opinion, is clearer than that the board
was mistaken as to its powers, and that
it had nothing whatever to do with the
electoral vote. Each state shall ap-
point, in such manner as the legislature
thereof may direct, a number of cleo
tors equal to the whole number of sena-
tors and representatives to which the
states may be entitled in the congress,
but no senator or representative, or per-
son holding an office Of trust or profit
under the United States, shall be ap-
pointed an elector."
The legislature of Louisiana has eth
or directed the manner in which electors
in that state shall be appointed, or it
has not. The election law of 1872 and
amendments under which the returning
board is created and acts makes no pro-
vision as to the manner of appointing
electors OF president and vice-president.
whether by tho legislature or by vote
of the people, nor whether by the state
at large or by congressional districts,
nor does it contain any provisions as to
the qualification of electors, the place
where they are to meet, nor for filling
vacancies. Section II OF that act de-
clares rs follows: That this act shall
take effect from and after its passage,
and that all others on the subject of cleo
ton laws be and the same are hereby
repealed" This is not an implied but
DIRECT REPEAL OF ALL ELECTION LAWS
to which it refers, and if 1t repeals the
previous act of 1868, revised in 1870, |
providing for the appointment of pres
ldentlal electors, it repeals the whole of
it and all Its provisions, and there is no
law of the state on that subject, and of |
course the board would have no juris-
dlctlon to canvass votes cast for such |
officers. If on the other hand the act
of 1872 does not repeal the law of 1870, |
pointed, and the canvass of the votes |
therefore must be made IN accordance
with the law OF 1870, and the returning
board has no jurisdiction over the sub
ject, as will be seen by reference to the
provisions of the act of 1870
1t is immaterial, so for as affects the
jurisdiction Of the returning board,
whether the act of 1870, relating to the
appointment of presidential electors, is
repealed or not. If frepealed, there is
NO LAW IN LOUISIANA
for the appointment of presidential cleo
tors; 1t not repealed, then the canvass of
the returns tor such electors must be
made by the governor, in the presence
ct the secretary OF state, the attorney
general, u judge of the district IN which
the seat OF government may be estab-
lished. or any two of them, as required
by the act Of 1870, and in making such
canvass they would be confined to an
ascertalnment OF the persons elected,
according to the returns, without au-
thorlty to reject votes. In no event can
the returning board have jurisdiction
over the returns of electors for presl-
dent and vice-president, and their can
vass OF the same is therefore 4 nullity,
and entitled to no respect from any one.
In another aspect it may be important
to determine whether the act of 1870
is repealed, for if it is, the statutes of
the state provide no mode of filling va
cancies in the electoral college, and it is
undertood that two of the electoral
candidates on the republican ticket held
offices OF trust or profit under the Uni
ted States at the time of the election. and
could not therefore be appointed cleo
tors.
Other objections were made to the
of the returning board.
That it was anti-republlcau; that it was
in conflict with the constitution of the
state, and that it undertook to exercise
judicial functions, and in that with only
our members it was not legally con
stituted.
The election law declares: THAT
i've persons,to be elected by the senate,
from all political parties, shall be the
returning officers for all elections. in the
state. majority Of whom shall const- {:
ute Il quorum. and have the power to
make the returns of all elections. In ,
case OF any vacancy by death. resigna-
ION or OthprwiSo h,- nitho,,t H. l1.I |