Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-12-01

4 l.
once lived on the plantation adjoining me; knew
Of fight he had about two months hefOrp his death
With man named Black Brooks: Plnkston whipped
| him. and bit his finger very badly; saw Brooks a
| couple OF days after the fight and asked him how
his finger was he said his hand was very badly hurt
and he remarked 10 me, II Intend TO kill PnkStOn If
| live" PnkstOn came 10 me himself, and told me
that his life threatened by this man Brooks af-
| ter the fight he asked my advice; remarked 20 him
! al that time, "PiBkstOn, heard Brooks say myself
that he was going to Kill you and II had sufficient
| evidence would Kill him myself before he killed
was threatening my life; he should not XII me.
I Brooks had q bad character; he Was not thought
I much Of IN the country; he was bad, qIaTelsOme,
| angry man; on the night OF the murder ! saw q
| PARTY OF c0lOred people my house going down the
| road coming from Ouachita, but | don't know who
they were; thought the election AT Olchta was as
/ fair an election az We ever had; did not see any
wrong going belong to the Democratic party: ]
have lived In Ouachlta parish thlrtyiive years; It
| was more sOciabe than any election | ever saw: |
knew Mr. Parks when he was living; he Is dead; he
| has been dead ahOu5 three months.
| Colonel Zacharie Has the board refused TO allow
| any further testimony iIs refuting this WOman's
| statement? thought It but an act Of justice to
| these gentlemen from Ouachita, who have been
publicly accused by the reports Of this woman, tila
they should be allowed TO file in their cases, that
! correction should be made
| President Wes-We have nothing to do with IT,:
they must 90 before the courts and prosecute her If
| they seek relief.
Some discussion arose as to whether or not the
board would hold night sessions. In answer to the
question, President Wells said: ' No, sir We must
have time 10 examine the records and ali other ey
dence before US: We viii not have time to do that
| with holding night sessions
| Mr.. GeduthreaUX-I think the representations
made by the board to those of us on both sides was
that all sessions we're to be held In their presence
| President Wels-They will be held in their pres
enee but when II Is 10 consult upon any action We
shall take upon the various subjects that come before
US, we must be alone. The judges of courts do not
permit the presence Of counsel when they are making
UP their final decision, therefore must claim the
/ privilege Of consulting among ourselves as to any
! action that comes up before us.
| Mr.. Geauthereaux-I understand the chair to ad-
nit that 1t holds private sessions other than those
| that are held here daily.
President Wells-They are delIberatIve sessions
Thursdays Session.
| NEW ORLEANS. November 3O.-The board met
| at half-pdst ten, with all the members present
/ There appeared for the Republicans Messrs. Parker
Sherman, Clarke, Hale and GARFIELD, and for the
Democrats Messrs. Palmer, Trumbull Smith and
| Julian. The minutes having been read and ap-
publican candidates for the city and parOchlal Offices
In the parish of Orleans, read under the direc
| tom Of Governor Wells:
NEW ORLEANS November 81. 1867.
| To the President and Members Of the Returning
Board OF the State Of Louisiana:
| GESTLEAIEN- undersigned having been can
ddateS al the late election respectfully request that
you may cause the ballots cast in the city of New Or
leans to be carefully counted over again before pro-
ceedg to canvass the official returns thereof. Ii Is
well known that nearly all the tickets were so pc
CuliaTly cOlOTed and closely printed that without par
ticuiar aid and scTdtinlZng attention Is given each
name thereof, alterations In the names of candidates
| would escape observation Nearly ali the candI-
dates resore to the use of printed siips which, after
erasng the names printed on the ticket, posted
over the names thus erased. Without close In
SDectiOn Of their ticket, they could not have been
discovered We confidently believe that in the haste
Of counting the commissioners have thus uninten-
onali failed TO notice the alterations, favorable TO
US In many Instances. 1t is only by an inspection Of
the ballots actually deposited that the errors result
| ing from this cause can be remedied. Again We re
Spectfully call your attention, If you consider it
within the scope Of your authority, to the great
mi a
short time before and within few days Of the cleo
ton. We greatly doubt their right to have voted at
all. Permit Us TO direct your attention TO the Ian
guage Of article ninetyeght of the constitution of
Louisiana, which declares that "eYery male person
OF the age Of t"enty-0me years or upward born or
natualiZed in the United States, and subject to the
jurisdiction thereof and resident in the State for
one year next preceding an election of at least ten
days within the parish In which he offers to vote,
| shall be deemed an elector," etc We maintain
that naturaliZed person should combine the citi-
Zenship OF one year with residence of one year In
the State as the native citizen is required to do be-
fore he Is allowed TO vote We do not think that his
privileges should be superior to those enjoyed by
native born citizens although cheerfully acquleSce
In any Interpretation OF law which makes them
equal. The period of time specified and required
by the laws of the United States for naturalization of
alien foreigners Is entirely independent OF the State
law, which pTeScribes necessary residence as a
prerequisite to the exercise Of the elective franchise
The States take no eogniZance of foreigner until
he Is uatsralized Should he be cited TO answer 10
civil demaud in any one OF the state courts he could
and doubtless would, under an act OF congress of
}.
II have the cause removed to the circuit court Of
the United States. How. then. could he claim the
beDeit OF d constitutional provision which must be
neXorably enforced as to native citizens, and which
precudes the privilege OF the elective franchise
Ill he has resided In the State as citizen of the
| United States for period of one entire year? TO
hold that he may cOnstitutionally vote Immediately
after his naturalization Is unauthorized dScTim
natlOn In his favor which is practical fraud on
the rights of those voters who are of native birth and
those who have been ndturdliZed In good faith more
than one year previously to voting We respectfully
ask that If It be practicable TO do So the votes com
planned of be rejected We invite your attention to
the general Irregularities prevailing under the sys
ten OF naturalization adopted by the dis
trict courts OF this parish, and eX-
tending into the second district court for the
parish Of Orleans TO more than fifteen hundred GER
tfcates OF citizenship which were issued to allen
foreigners, predicdted upon judgments which do
not appear 10 have been signed; also to polls No. B.
II and II in the third ward to poll No 3 in the
tenth ward, and to polls No and In the eleventh
ward We are creditlbly Informed that protests
have already been presented In these instances,
based on alleged Irregularities We Invite your spe-
cla attention TO them. We further respectfully sug
gest that the ballots of the sixth and seventh
nclpa districts OF the parish and city, comprising
the twelfth. thirteenth, fourteenth sixteenth and
seventeenth wards should be counted as cast for the
candidates in and for the parish of Orleans under
the authority of article S3 of the constitution Of the
State Of Louisiana, and section of act No II OF
session acts of 1874, approved March 3D. 1874. All
of which he respectfully submitted.
Governor Wells-As this question involves the city,
Federal and local State governments, before taking
ii under consideration, desire to hear the counsel
pro ana con upon the subject. They have fixed this
day and Will give each side one hour for argu-
ment. If the gentlemen are prepared, we Will now
90 on with that argument.
Mr James R. Walker then opened the argument
on the prot st for the Republicans and followed
! BIZ Colonel Zachare for the Democrats.
The East Baton Rouge case was called up andthe
boxes from seven polls, In which the commissioners
returns and ialy-Sheets had been locked up, either
By error or design, were brought before the board
that they might be opened to obtain the result of the
1 election at these polls, the parish supervisor haV
ing omitted any mention of them In his consolidated
After long discussion the board decided not to
open the boxes consider any statement to the
result other than that received from the supervisor
Similar action was taken In the case OF Tangpah0a,
where the vote OF one poll not returned by the
supervisor BY this action the Democrats lose 1138
/ votes In East Baton Rouge.
No more witnesses VIII be heard. All interroga-
tories, answers, etc. must be filed before four
| O'Clock Friday evening" On Tuesday morning. II Is
understood. the electoral vote and also the vote of
the state will be promulgated. The members of the
board think that the same testimony applies TO the
J State vote which applies to the electoral vote.
| The board adjourned until ten O'Clock tomorrow
morning.
| The consideration of the East Baton Rouge case
consumed the greater portion Of the session Of the
] returning board to-day. No outrage witnesses were
introduced, but It Is understood that large num-
Der Of atdayits were led by either party This city
remains as before and since the election very quiet
no excitement 81 any kind whatever. The volunteer
military organizations Of the city to-day turned over
the arms they had borrowed from the State, TO Colo
mel Loan, chief Of the Metropolitan police, who pre-
| How Kellogg Bought Up the Demo-
cratic Returns and Kept Them From
the Board in 1874.
; Cincinnati EnQuIreF.l
! NEW GRLEANS, November 27.-Ex Secretary
/ Bean VINO managed the registration and election In
I DeSUtO parish IN 49, l. AID who brought here the
reiuns and Kept them seeFetSd, as has been the
| case with several Democratic parishes this year,
publishes letter this afternoon acknowledging that
he brought the returns here and kept them from the
board, b. that means depriylng the Democrats OF
clear majority In that parish sufficient 10 have elect
/ ed their ticket. Bean says there was perfectly
peaceabe election and that no protest accompanied
I he returns ic had kellogg he says, wrote him TO
eSn "a person with his returns, promising to pay
MS rxaIses and at the same time limiting that he
would Ike to baye lille intimidation matter In
! ciuded In his retuFn. On ms aay yeFc he met
| Twitchel he vino lately Visited the noIfh as mar
tyr b. Democratic lawiessn6ss, but who, H IS SAID
MAS really shot for interfering with man ana Wie
and being 100 intimate with another female and who
! gave him a letter 10 Republican member OF the
legislature here, and he, with Lowell the speaker OF
| the house OF representatives, ana kel-
. logg the governor, prevailed upon him
0fsee ahS returns from the returning board. te1n
SAYS they agreed % Eay him nearly seventeen hun
drsd dollars for this and Kellogg gave him twenty
five dollars on the spot he with OtheFs, promising
their influence 10 secure Bean position In WASH
| ingtGn under the State government Bean says an
Indictment has been pending against him FOR acting
as second in duel and that they promised TO quash
that as well aS the seventeen hundred dollars eX-