Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1876-11-25

That no one ought to be judge in his
own case; that the decision of any
contest ought to depend upon the mere
of one of the parties there
to, that before such decision is made
both parties ought to be fully and fairly
heard that all questions of law ought
to be decided in conformity with its
established general principles, aud all
questions of fact upon evidence duly
presented and weighed under the
rules which are of universal, recogni-
ton in all the States of this Union
that the trial of all causes involving
public interests at least ought to be
public. and that all the proceedings
resorted to for the purpose of deter
mining the issues in the present cleo
toral contest ought by their manifest
lmpartiality to disarm the suspicion
that the forms Of law bad been per-
verted into instruments for the viola
ton of its spirit. In this connection
we may be permitted to observe, that
while undoubtedly, as you say, sed-
ulous inculcation and cultivation of
the habits of obedience to the forms
of law is vital to the preservation of
constitutional liberty, it is no less inn
portant that refusal to yield such
obedience be not provoked by using
these forms as means for subverting
the very ends for which they were de
signed. Without undertaking to ques-
ton the sincerity of the belief, which
you are at pains to express. that you
know Of no reason to doubt that the
Louisiana Returning Board will make
perfectly honest and Just declaration
of the results of the recent election in
Louisiana, we deem it not improper to
remind you that the presence in this
city of SO many citizens from all parts
of the Union at this moment seems to
be an evidence of widely prevalent
distrust of the action Of this board,
and that such distrust has this foun-
dation 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 member; and this
distrust is not unnatural in view o!
| the fact, that, as we understand, one
| of the members of the Returning
Board was candidate for an Office at
the recent election, and another the
holder of an Office of profit aud trust
by appointment of the present Execu-
tive of the National Government,
while all the members of the Board
are believed to be in utilization with
but one Of the parties to the present
political contest. In view of all this,
it is hardly necessary to add that the
terms of our letter were not designed
to prejudice the question whether the
| functions of the Returning Board
were judicial or ministerial, or both
but simply to invite you to see, with
US, that whatever may be the charac-
ter of these functions, they are openly
fairly, and honestly discharged and
while we thus refrained from any at
tempt at stating or constituting the laws
of Louisiana, we deemed it equally ir-
relevant to the subject of our cores
pondence with you to allude to the
duties devolving upon officers Other
than those constituting the Louisiana
Returning Board, under the laws anC
Constitution 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 being
purely ministerial and not subject tC
the control of Congress, or, 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 counted under the direction
and control of the House of Represen-
tatives and Senate, is question, upon
the discussion of which we deem it nc
part of our duty to enter. In cOnclu-
sion, permit us to say that notwith-
standing your refusal to cooperate, we
still cherish the hope that the Return
ing Board, warned by the history OF
the past and conscious that its actions
are being observed by the whole ma
ton, will discharge its delicate duty
with such circumspection, fairness and
impartiality as will give satisfaction to
the American people. To this end We
will continue to labor. Should diff
ferent result follow Tf1e 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.