Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1876-12-23
THE LOUISIANA ROBBERY.
Report Of the Democratic Whiting
Committee al AeW Orleans to
the Democratic NatiOn-
al Committee.
The Illegal Organization and Crini-
mai work OF the Louisiana
Returning Board.
An Appeal tO the People to Prevent
Representative Government
From Being OverthrONn
by UsurpatiOn and
Erlud.
Question Before Americans.


Question Before Americans.
New ORLEANS, Dec. 6, 1876.-T
Hon. Abra9a S. HelciH, GhdirBsaI
Democratic National Committee. Th,
Returning Board of Louisiana having
this day promulgated as the result o
the recent election in that State tina
the Hayes and Wheeler candidates 70
electors received a majority OF tn,
votes, we, who. by invitation, watched
the proceedings OF the board in open
ing and canyasslng the returns till i
went into secret session, deem 1t GU
duty to lay before you and the public
such facts connected with the election
and the returns as will, we think
clearly show that the action of the Re.
turning Board in proclaiming the elec.
tion OF the Hayes electors is arbitrary
unfair and without warrant of law, ano
we adopt as applicable to this canvass
the language OF a report made to the
United States House Of Representa-.
tiVes in 1879 BY George Il. Hoar, w
A. Wheeler and William +. Fry in
regard to the canvass Of 1872, in which
they say. eso-called canvass made
by the IRseturning Board in the inter
est of kellogg seems to US to have nc
validity, aud is entitled to no respect
whatever. We also adopt the Ian
guage of this same report upon the
condition of Louisiana in 1875. "In
the State of Louisiana there is gov.
ernor in Office who owes his seat to the
interference of the national power,
which has recognized his title to this
Office, not by reason of any ascertain
ment of the facts by legal process, but
has based its action solely on the ille-
gal action of a judge. .
I'm the same State there is Legis-
lature, one branch of which derives
its authority partly from the same or
der, the other being organized by a
majority who have been esta blished in
power by another interference of the
National Government, and which ma
jority derives its title, not from any le-
gal ascertainment of the facts, but
from the certificates of Returning
Board, which has misconceived and
exceeded its legal authority"
November 18, before the Returning
Board commenced the canvass of the
electoral vote, the candidates for cleo
tors on the Democratic ticket present.
ed a protest against its Jurisdiction
over the subject, or its canvass of the
votes relating to the same. This pro-
test was summary oVerruled by the
board, without afording an opportuni-
ty for argument. No legal proposition,
IN our opinion, Is clearer than the
board was mistaken as to its powers,
and that it had nothing whatever to do
with the electoral vote. The Consti-
tuition of the United States declares !:
Each State shall appoint in such
manner as the Legislature thereof may
direct number of electors, equal to
the whole number Of senators and re-
representatives. to which the State may
be entitled in the Congress, but no SEN
ator or representative, or person hold
ing an office of trust or profit under
the United States shall be appointed
an elector
The Legislature of Louisiana has
either directed the manner in which
the electors shall be appointed or it
has not. The election law of 1872 and
undeE which the Return
ing Board is q q and aats- ma kas
no provision as to the manner of ap-
pointing electors of president and vice
president, whether by the Legislature
or by vote OF the people, nor whether
by the State at large or congressional
districts, nor does it contain any pro-
vision as to the qualification of cleo
tors, the place where they are to meet,
nor for filling vacancies. Section Il
of that act declares as follows: THAT
this act shall take effect from and after
its passage, and that all others on the
subject of election laws be and the
same are hereby repealed" This is
not an implied but direct repeal ofall
prior election laws to which it refers,
and if it repeals the previous act of
1865, revised in 1870, providing for the
appointment of presidential electors,
it repeals the whole of it and all its
provisions, and there is no law of the
State on this subject, and of course
the board would have no jurisdiction
to canvass votes for such officers. If,
Onthe other hand, the act of 1872 does
nd repeal the law of 1870, then pres
deptial electors must be appointed, and
tn, canvass of the votes therefor must
made be in accordance with the law
of 1870, and the Returning Board has
no Jurisdiction over the subject, as will
be seen by reference to some of the
professions of the act of 1870, which
are as follows:
SEC. 1924. Every qualified voter
in the State shall vote for electors as
follows: Two persons shall be Sc
lected from the State at large, and one
person shall be chosen from each Con-
gressional district in the State, and in
case any ticket shall contain two or
more names of persons residing in the
same district Except the two chosen
from the State at large), the first of
such names only shall be considered
as duly voted for.
SEC. 2,S25, No person shall be
considered a qualified elector who is
not qualified voter in the district for
which he is chosen, or in case of being
selected for the State at large, then of
some parish of the State.
SEC. 1926 Immediately after the
receipts of a return from each parish,
or on the fourth Monday of Novem-
Der, if the returns should not sooner
arrive, the governor, in the presence of
the secretary of State, the attorney
general. district judge of the district
in which the seat of government may
be established, or any two of them,
shall examine the returns and ascer-
tain therefrom the persons who have
been duly elected electors.
SEC. 2,829. The electors shall meet
at the seat of the government On the
day appointed for their meeting, by the
act Of Congress, the first Wednesday
in December, and shall then and there
proceed to execute the duties and SER
vices enjoined upon them by the Con-
stitution of the United States, in the
therein prescribed.
SEC. 1880. If any one or more Of
the electors chosen by the people shall
fail from any cause whatever to attend
at the appointed place at the hour of
o. m. of the day prescribed for their
it shall be the duty of the
electors Immediately to proceed by
ballot to fill such vacancy or vacan-
cies."
1t is immaterial, so far as affects the
Jurisdiction of the Returning Board,
whether the act of 1870, relating to ap-
pointment of presidential electors, is
repealed or not. If repealed, there is
no law in Louisina for the Appointment
of presidential electors; if not repeal