The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-17

IDey were going Detter, anu Luey uOuO
led and gave Kellogg $4,000. The re
turns showed PENIS majority to be 10,
600; they gave Antoine 1900
THEPRESENT BOARD IN 1874.
What the Republican CODEressmen
Wheeler, HOar and Frye. Thought
oft,
%, 1875.
The undersigned, portion ofthe spec
ial committee to whom was referred SC
much of the Presidents message as re-
lates TO the condition of the South, re.
specially report: The matters embraced
in the reference to the committee are OF
the most serious and important charac-
ter. In several of the Southern States q
condition of stfalrs is said to exist which
not only impsirs the welfare of those
States, but greatly endangers the peace
and safety of the whole country.
That the people of any State
should be unwilling or unable to deter
mine, by peaceful and legal means, the
result of their elections, and that the
President should be compelled to inter.
pose the military .orce OF the govern
ment to prevent civil war, is itself
a terrible misfortune But the
evil goes much further. Upon
the elections in Louisiana, as IN other
States, depends the right to their seat of
Senators and Representatives who are to
aid in making the laws for the whole
country, and the choice of Presidential
electors, upon whose vote may depend
the title to Office of the President of the
United States himself No party in the
United States will like TO submit to q
result decided by the votes of electors
chosen by such means. Each party will
be likely to credit charges of fraud and
violence made against its opponent, and
dIscredit like charges made against its
own side. There Is, in our judgment,
the greatest danger that these elements
may enter into the next National election
to so great an extent that it may
leave the expression of the will of the
people III doubt. In such case, an appeal
to force, like that which has been made
in Louisiana, must result IN civil war,
spreading throughout the entire country.
After reviewing the facts Of the case,
the committee proceeded: In view Of
these facts, we do not hesitate to find that
the election of 1874 was neither full, free
nor fair, that in large portions of the
State the usual means Of instructiRg and
persuading the people, of organizing and
conducting a campaign, could not be
carried on by Republicans without danger
to their lives, and that many more voters
than were needed to give the Republican
party complete victory were prevented
from voting 1T all, or coerced into voting
the white mans ticket 1t was to declare
the result Of such IN election that u
Returning Board met at New Orleans In
1874. In expressing our dissent fr m the
view they took of their own powers and
duties and our emphatic disapprobation
of their proceedings, we desire to state as
emphstically our unwillingnes5 to do
them any injustice and our full apprecla-
ton of all the considerations which may
tend to pallate their conduct. Several OF
them have neid high positions. Governor
Wells, the president, had been large
nld wealthy planter before the war de
remained loyal through the rebellion;
l. 4 been true to the flag of his country
when driven to the swamps and hunted
with dogs. Such record entities him
to our warmest sympathy and respect.
But we must declare the law and the
fact as we find 1t. The louisiana cleo
ton laws provide the following ma
chinery for elections: First. A registra-
ton of the voters, to be completed ten
DAYS before the election, by a supervisor
to be appointed in each parish by the
Governor. Second. The fixing in each
parish suitable polling places by apolice
jury chosen by the people OF the parish.
Third. Three commissioners OF elections,
appointed b. the police jurles, to preside
at each POLL. Fourth. A returning board
of five persons, appointed by the Cover
nor, to whom the returns from the whole
State are made by the local officers, and
who are to canvass and complete them
and promulgate the result. The COM
tnittee then quote the provisions OF the
Louisiana statutes for the organization
of the Legislature and proceed.
Upon this statute we are all clearly
of opinion that the Returning Board has
no right to do anything except TO can
vass and compile the returns which were
lawfully made TO them by the local ofh-
GERS, except ir cases where they were &C
companied by the certificates OF the super
visor or commissioner provided In the
third section. In such eases, the last
sentence of that section shows that 1t was
expected that they would ordinarily ex-
erclse the grave and delicate duty OF IN
vestigatlng charges of riot, tumult,
bribery or corruption, on hearing OF
The parties interested in the office. 1t
never could have been meant that this
board, of its own motion, sitting In New
Orleans, at distance from the place OF
voting, and without notice, could decide
the right of persons claiming to be
elected.
The board took different view OF its
powers, and proceeded to throw out the
votes from many polls where they found
intimidation and violence TO have exist
ed The result was to defeat persons
whom on the returns they should have
declared elected, and to elect persons
who should not have been declared elect
ed. In regard to four parishes, they
declared no result whatever, but refer
red the matter to the Legislature The
result of this action was 10 change the
political majority of the persons who, by
the Constitution and laws OF LOUISIANA,
are entitled to organize the House OF
REPRESENTATIVES. The Returning Board
claims that in this proceeding, they act.
ed under the honest belief that they were
right in their construction of the law
and that they were giving enect
to the true will of majority OF
the people of Louisiana, and that, IN their
construction, they followed the precedent
set by the Democratic or fusion Return
ing Board of 1872. We believe that they
did follow such precedent. We have
10 doubt that they believed they were
defending the people of Louisiana
against a fraud on their constitutional
rights. But there is no more dangerous
L .aI