Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-11-18

! narrow and vicious ar Interpretation.
In our judgment the expression "votes
actually cast Of necessity designates
votes legally cast, and as = oonse
quence of such votes only did we de-
sire TO secure fair and and Impair
tial canvass. We beg leave to say
therefore that yor are mistaken in tho
belief that we sought unduly to con-
fine ourselves ITO the basis on which
we invited your cooperative action,
aud you arc no less III error in attrib.
uting TO us . purpose to interfere
with the legal authorities OF the state
in the discharge Of their
duties to claim rights
and to arrogate to ourselves
! ifee~efs which we do not possess Ia
writing our letter we were fully
aware that both the organization and
action, whether judicial or ministerial,
Of the returning board of Louisiana,
were beyond any authoritative con-
3 troll from without and that it would
be the height Of annoyance and folly
s,o attempt to alter the laws of a state
ofrwhich VIC are not citizens, or to
obtrude over Interpretation of these
laws upon those whose duty it is to
administer them, but we had supposed,
nevertheless, that there WAS an inhu-
ence which might be rightfully e1.
tended even by citizsns ofs.his repub-
lie wko are strangers in this state;
and we had taken il for granted that
your presence here in response to the
suggestions of the president was re-
cogni;ion OF this fact. We had sup
posed that it was not improper for
us to remind with due consideration
the Ait heFities Of this state by our,
mere presence, At least, that there are
certain rules of fairness and justice
which undcrie all constitutions and
laws and upon whose observance
must depend the acduiesencc Of the
/ people Of aH parties in the declared
resul; Of the Louisiana election.
Rules such as these: That no one
ought TO be judge in his own case; !;
that the decision of any contest ought
not to depend upon mere arbitramcnt
of one of the parties thereto; that be-
fore such . decision is made both
parties ought to be fully and fairly
heard that all questions Of law ought
10 be decided in conformity with its
established general principles aid all
questions Of fact upon The evidence
duly presented and weighed under
rules which are OF universal
recognition in all the states
i OF this union that the trial of all causes
Involving public interest. 4. last ought TO
be, public; that aH proceedings should be
reported Tor the purpose of determining
the issues In the present electoral contest
That TOTins 0r law h1vB been ptrvrrted into
instruments for the violation of its spirit
4 Iin.this connection We may be permitted TO
observe that whilNundoubtedly, ~ you say,
a sedulous cultivation ofthe habits Of obc
a dience 10 the forms of law is vital To lh {
preservstion Of constitutional liberty. /,
is no less important That refusal to yield
such obedience be not provoked by using
these forms as , mc,ns for subvertipg til.
very ends for which they were designed
4 without undertaking 10 question the sim
certy OF the belief Of which
/,
express that you know Of no reason
TO doubt tnat the LouisianY returning
board will make . perfectly homes,
4ud1 Just declaration OF the result oil
the recent election in Louisiana. We
deem i, not improper to remind you
that the presence in this city of SO
many citizens from sll parts of the
union at this moment seems to be ev-
idence of widely prevalent distrus,
Of the action OF this board. and tha,
such dis,rust has this foundation q,
least: That the construction OF the
board has not been changed since its
returns were set aside by congress
!, ionxl committee which the republican
candidate for the Vice Presidency
t was member and this distrust is no,
unnatural in view OF the fact that as
5 we understand one OF the member,
OF thu returning board is candidate
{ voted for st the recent election, another
s a holder of Office of profit and trust BY
e appointment of the present e1ccu,iv,
a OF the board are believed to be IN af
\ 6iliarion with but one of the par,ie.
d to the present political contest. II
I view Of all tais it is hardly necessary
c to add that the terms OF our lette
e was not designed to to PREJUDICE tn,
J. the question whether the func
e ii ms of the returning board wer,
i iudiclal or ministerial, or both, bu
d SIMPLY to Invite you to see with u
e that whatever may be the char.
! acter of these functions they ar
& openly, fairly, and honestly discharg
u ed. While We thus refrained fsor
Il any attempt stating or constituting tn
e laws Of Louisiana, We deemed i
y equally irrelevant TO the subject {
r our correspondence with yo
e to allude to the dutie
e devo!ving upon the officers 9th.
IT than the eonst iinenia of lhe Louisiana re
=, ! turpinu hos up1ar thA l., -, - .z..,;,,