The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-11-20

quest oil the President OF the Unite
States to witness the canyassing Of Ii
votes Of the election in this State 70
Presidential electors, and / am instructe,
by them to inform you OF their accept
Rnce Of the invitation and that they vii
designate a committee Of Eve OF theil
number TO attend the meetings OF tn
Board, and ltake this occasion to ex
press my thanks for the courteous term
Of this invitation, my deep sense OF III,
Importance .of your proceedings and m!
confident hope that they will be so con
Quoted as to convince the public mint
ofthe justice Of your fnding, yaiIc'
20 - Very respectfully, LSt'A
--=s.Ts - 7grE JoHS SHERMAN.
COL. zACHARrE,s PLEA AGAINST tn
ri bJURIsDICTIoS OF THE BOARD:
The Secretary of the Board reported
that the election returns from thirty.fvI
parishes had been filed with him, anG
there are yet thirty:six parishes to ar,
rive. The question was raised as te
whether the Board could begin com
pilation and CANVASS until all the re-
turns had been received. Il was deter
minedS however, to commence on Mon.
day the 26th inst, and 10 take up The
parishes either alphabetically or by Con.
gressional districts.
Col. Zacharie, Chairman Of the Com.
mittee on Election and Returns request
ed To know whether the presence Of
counsul representing the Democratic
candidates woull be allowed during the
deliberations Of the Board. Sr'Ss
The President replied that only in cases
where disputed points arose would coun.
sel for both parties be called In. He said
that counsel would be permitted to inspect
the returns when they were opened, in
order to see whether they had Been tam.
pered with. - a-,- .sr
/ Col. Zacharie, Of the counsel OF the
Democratic candidates, filed plea
against the constitution Of the Board and
protest against certain action. The
following grounds were set forth: First,
That by section I'd, act 9S. of 1872, ere.
ating the Board OF Returning officers,
there Is no term fixed for their term OF
office, and by the same section it is pro-
vided that in case OF any vacancy BY
death, resignation or otherwise, by either
Of the Board, then said vacancy
shall be filed by the residue Of
the Board, thus creating Board with
the power Of fperpetuatingitself indefinite.
ly, and comforting said power, in certain
contingencies, upon single person; that
said Board Is authorized 10 canvass and
return IS elected members OF the Legisla-
ture, and said members are also author.
lied to participate in the organization OF
either Branch Of the Legislature, and said
Legislature, so constituted under Article
4s, Title 5, Of the Constitution OF the
State OF Louisiana, shall examine and
count the votes for Governor and Lieu.
tenant Governor, the direct and immedi-
ate effect Of all OF which is to place
the power in the hands OF i've persons, or
ultimately in one person and his appoin-
tees, for all time, 10 determine OF
what persons shall be constituted
the executive and Legislative branches Of
the State government; that said act in
said respect is in direct conflict with the
Constitution OF the United States and OF
the State OF Louisiana, as creating gov.
srnment not republican in form or char.
Acter. Second, by the act under which
said Board claims to proceed the said
Board is vested with powers judicial in
their character, and in that respect the
act is in conflict With act o. OF the Con-
stitu,ioR OF the State OF Louisiana.
Third, that II the Constitution Of Louisi-
ana we're established beyond question we
again object and protest and except TO the
manner in which the present acting
Board is constituted. The act 9S Of
1872, section g provide that Eve
persons, to be elected by the Senate
from all political parties which shall
be the Returning officers for all the
elections in the State. We except the OBJ
ject and protest thst the act has not been
complied with, as none OF the members
now composing the said Board are mem-
bers OF the Democratic Conservative par.
~, and therefore, the said Board is not
as required by law. Fourth,
on behalf OF the Democratic Electors the
counEel protested against the counting and
compilation Of votes for A. B. Levizee
and o. q. Brewster, Republican electors,
on the ground that when Brewster was
voted for he was occupying the federal
position Of U. S. Surveyor General, and
that A. B. Leyizee was U. S. Commits
sioner, ineligible according to Article 9
Section . Of the Constitution.
The Board will determine on Monday
whether arguments on this protest will
No election was held otilI the vacancy
on the Board, which adjourned till noon
on Monday.
THE DEMOCRATIC. COMMITTEE OF v1sI-
TORS.
The visiting Democrats appointed the
following gentlemen to remain here and
be present TO witness the counting Of the
votes by the Returning Board John NJ.
Palmer, Of Illinois; Lyman Trumbull,
illinois; VIM. Bigier, Pennsylvania; Geo.
B. Smith, Wisconsin; 2. Il. Watson, Ohio.
LOUISIANA a LITTLE MORE MIXED, N
NEW ORLEANS, November 1e.-The
total vote Of the State made up from
poll lists, received totty.seven.
ty parishes, and ten parishes estimated