The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1876-12-20
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means ola certi6cate from the retur-
ming officers, pronounced by the gvv-
ernor, the secretary Of the Common
wealth and all high authorities to be
conclusive. Bot being known to be a
sham and EIlsehood, the right claim
ed under it was resisted to the utmost.
Nobody now believes that it was not
rightly and legally treated.
But it may be denied that the action
of the governor and Returning Board
is fraudulent. That is a matter fact
not yet IN shape for foil discussion.
If the Hayes electors, thegOvernor, the
Returning Board, and other parties to
this transaction can prove that they
added up the vote and certified the ag-
gregate result according to the truth
as it really was, or as they had reason
to believe it, then the Democrats have
no case. But if they knew what the
result was, and yet wilfuIly falsi6ed 1t,
this is frasd parse. They not only did
this, but they greatly aggravated the
gait of the act by founding it on pre-
lenses known to be false IN fact and in
sufficient in law.
1t is said that the Returning Board
Is not bound to make a mere count Of
the votes and ascertain what candidates
have majOrities, but may sit in jGdg-
nent on the returns from every parish
and certify the majority, not as it actu-
ally is, but as in their opinion it ought
to be. To support this they quote Sec
ton 3 Of the Louisiana election law,
which no one can read without seeing
that it was passed by a corrupt Legs
lature to prevent the people of the
State from turning out the party then
occupying the State Offices.
A Returning board certainly ought
to have judicial or quasi judicial pow
ers to a certain extent, to correct the
bluuder of superintendent, to inquire
whether a return from any polling
place is properly authenticated, to as
certain what votes have been cast for
any candidate by persons not qualified,
and make the proper dedution. This
is authority which may certainly be
given to States canvassers. But it IS
not given to the Louisiana board by
the section referred to. They assert
that it does give them power to disfran-
chise all the inhabitants of any parish
in which there has been can act of vi
olence, riot, tumult, intimidation,
armed disturbance, bribery, or corrupt
influence. Their jurisdiction, as they
claim it, is that of the highest criminal
court, and is to be exercised in ways
totally prohibited By all courts. They
may try the people Of a whole parish
at once, and condemn them all on &c
pGrte statements, without hearing or
notice, of acts of violence committed by
person unknown to them at any place
within their borders, and at any time
in the indefinite past. A conviction
obtained in this way is Immediately
followed by a sentence of disfranchis-
ment, which, need not say, is the
most fright penalty that can be inAict-
edon q people struggling to free them
selves from the domination of reckless
knaves. This terrible jurisdiction to
doom and punish may seem to be nit
igated by the pardOning power, for the
board is authorized to condOne the of.
tense when they think it has not ina
terially changed the result Of the elect
ion." But no clemency is ever ex-
tended to their political opponents.
The "result of the election" is always
materially affected" by an act of vio-
lence or fraud, no matter when, where
or BY whom in Democratic district,
but the reverse is sure to be held where
the majority is not Democratic.
Will anyman in the world say that
power like this may be held and welded
BY a Returning Board consistently
with the fundamental law of Louisiana,
or any other State' No; for reasons
too numerous to mention. It usurps
authority which belongs exclusively
to the court; it imposes the severest
punishment, without trial or evidence,
upon large bodied of men who are
known to be innocent Of every oHense;
in defiance of the State constitution, it
refuses the votes of qualified citizens,
and makes the right of suffrage a mere
mockery. Moreover, it fatty violates
that express provision of the Federal
Constitution which declares that mo
person shall be disfrsnchised except
for rebellion or other crime" which,
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