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

them by It's laws, ana snould we, Oelng
strangers, and without official functions
ats mpt this we should be condemned by
the people of every state in the Union,
for an improper interference with local
administration.
The following extract from the laws OF
Louisiana, shows that the canvassing
board is expressly required, in certain
cases, to exercise judicial as well as
ministerial functions;
SECTION 3. That in such canvass and
compilation the returning officers shall
observe the following order: They shall
compile, first, the statements from all
polls or voting places at which there
shall have been fair, peaceable registrs-
tion and election, and whenever, from
any poll or voting place there shall be
received the statement OF any supervisor
of registration or commissioner of cleo
ton, in form as required by Sec
ton 26 of this act, an affidavit
of three or more citizens of any riot,
tumult, act OF violence, intimidation,
armed disturbance, bribery or corrupt in
huence, which prevented or tended to
prevent fair, free and peac0able vote
OF all the qualified electors entitled to
vote at such polls or voting place. Such
returning officers shall not canvass, count
or compile the statements from such poll
or voting place till the statements from
all other polls or voting places shall have
been canvsssed or compiled. The re-
turning officers shall then proceed to
investigate the statements Of riot, tumult,
acts OF violence, intimidation. armed
disturbances, bribery, or corrupting in
fiuences at any such poll or voting place,
and If, from evidenced of such statement,
they shall be convinced that such riot,
tumult, or acts of violence, &c, bribery
or corrupting influences did not materl-
ally interfere with the purity sr freedom
of the election at such poll or voting
plrc0, or did not prevent a sufficient num-
Der of qualified voters thereat from reg
istering or voting to materially change
the result of the election, then, and not
otherwise, said returning officers shall
canvass and compile the vote of such
poll or voting place with those
previously canvassed and compiled; but
if the SAID returning officers shall not be
fully satisfied thereof, it shall be their
duty to examine further testimony in re.
gard thereto, and they shall have power
to send for persons and papers. If, after
such examination, the said returning of
ficers shall be- convinced that riot, tu-
mults, acts of violence, intimidation,
armed disturbance, bribery or corrupt in
fluences did materially interfere with
the purity and freedom of the election
at such poll or voting place,
or did prevent sufficient num-
ber of qualified electors thereat
from registering and voting to materially
change the result of the election, then
said returning officer shall no. canvass or
compile statement OF the poll or voting
place, but shall exclude from their re-
turns, provided that any person inter
ested in said election by reason of being
a candidate for office, shall be allowed n
hearing before said returning officers
on making application within the time
allowed for the forwarding OF
the returns OF said election" Hence,
if there are any facts re-
curing the judgment of the board on
the validity of any election or returning
affected by such frauds or violence, it
would be manifest interference with
State rights and local self-goverDment
for persons like ourselves, without official
right, to attempt to influence or control
ITS judicial election. Had a correspond
ing board. IN the State OF New York in
1868, been authoriz d to pass upon the
fraudulent returns os votes OF the city OF
New York. that year, and delegation OF
citizens of louisiana, however respecta-
BILE, attempted TO influence its
judicial action upon the facts
presented to 1t under the law of that
State, such sttempt would have been uni
versally condemned. If the duties OF
the canvassing board of Louisiana were
merely ministerial or clerical >. as in the
case of any officer charged by law with
the duty of verifying and declaring the
result OF any election and investigation,
with no discretion as TO when the Pres
ident of the Senate counts and declares
the votes of the electors Of the several
States in the election OF President
and Vice-President, under the cOnsti.
t.tion of the United States,
different case would be pre-.
sented. 1t is, IN our judgment,
vital to the preservation OF constitutional
liberty that the habit of obedience to the
forms OF law, should be sedulouslv IN
cu,cated and cultivated, and that the re.
sort TO extra constitutional modes Of
redress for even actual grievances should
be avoided and condemned as revoIu-
tionarv, disorgsnizing and tending to
disorder and anarchy. To reduce tn +.
whole question, Therefore, 70 the mere
clerical duty of counting the votes actu-
sllv cast, a. proposed by youin dIst' c!lon
from the votes legally cast and returned,
irrespective Of the question whether
thew are fraudulently or violently cast
Or otherwise vItisted, involves nulIh
cstion of the provisions already ad-
Indicated as valid by the supreme
court, and would be wholly unjust able
here as well as il any other state o! the
Union which bad provided laws 10 pro
tect the rights OF voters and the purity Of
the ballot. We osnnot therefore concur
in YOUR proposition for a conference on
thst basis. Very Respectfully,
JOHN SHERMAN, Of OHIO.
STANLEY MATHEWS.
J. A GARFIELD,
WM. D. KELLY, o! Pennsylvania
JOHN 4. kAssN Of lows,
f. W STOUGHToS, Of New York.
c !. DITTY, OF Maryland.
SWAN AILET, of New York.
EUGENE HALE, of Ma ne.
MS. QUAY, OF Pennsylvania.
WELL CRUMBACK. OF Iowa.
J. E. STEVENSON, OF Ohio.
Z. F. NOYEs,
JOIN CoBURS, Of Indiana.
Lew WALLACE,
J. NJ. TUTTLER OF Iowa.
j. CHAPMAN,
J. K. SMITH,
ABSER TAYLOR, Of Illinois.
S. K. HAvEE,
J. VI. BEARDLEY,
& B. FAEwELL,
SIDNEY CLARK, Of Kansas.