The New York herald., 1876-11-22
How the Louisiana Returning Board "COunls
In' Partisan Government.
COUNTING THE ELECTORAL VOTE.
Both Houses to Concur and Having the
Right to Object
THE ESTABLISHED PRECEDENT.
Shall the House Ct Representatives Elect
the Next President?

70 rus ID,ron or TIE HrsAID:-
Saa--The political situation seems 10 mo very
ravs and iss discussion many quarters likely TO
instead the public mind that ask space In your col.
arms 20 present some views upon the subjsct
The cxsremisiss OF tho country. the States OF the
Sos.heast Northwest and the Pacific. have adhered
70 the republican party, but with the groas body
u Tho country this is otherwise. or the twenty
that lie together south OF tho lakes
aiming thirty millions Of people. only three Penn
yiyan-a, ohio aud Illinois) have shown any
lcsrc 10 continue that party in power; aud
he popular oil these three States gives republi-
mn majority oi only about 0,00O uitts moro than
heir proportion Of federal onlco- -hodcrs). while the
democratic majority in the rest OF those StateA
Florida, South Carolina and Louisiana be excluded,
exceeds 600, ,000
no general cause Why these three disputed
States should not like the states about the seek to
Dc rid vi tho party in power What Mr.. Pinchoack,
the Cincinnati Convention, styled the corruption
aud mlsmanngemcnt which had upon
ths soutn ut the hands OF Northern ad-
ventarers, had unitcd noarly all the whites
aud many Of the blacks against that
party But II may be that the rst count OF tho cec-
zion in Florida and South Carolina conducted and
turned BY republican officials, is close that the slec
oral vote Vi those States may be successful TO
he democrats viii protest against such result a.
fraudulent Where party owns the Judge, jury
and Witnesses, the other party 10 likely 10 despair Of
Justice.
REVERSING LouTsiAxA's VOTE
But IN Louisiana tho Is different The late cleo
hon hcrc has been conducted by ocals appointed by
EeIlogg IN connection with Uniod States supervisors
And the election thus conducted according TO the re-
turns from those officers, shows . majority
In the State. reported, OF s,0ss for
the Tllden electors This result, II is an
sounced tho Returning Board will revo7sc. should
do 80 tho effect will, 1t is claimed, be- wilfuly
Anu wickedy annu the verdict OF the people Of
Lousiana
To understand this It is necessary 10 recall briefly
he history OF that State such histories too AFT
in these days. to be forgotten
On tho 4th Of. December, 1872, tho Governor OF
Louisiana proclaimed the result OF the preceding
November election and declared tho conservative or
McEnery, ticket elected
s'uxDgAIARLH FACTS"
The Legislature thus chosen 70 meet at the
- Aan0R<.pn ths ai4 atkDsssabss.. ns1tps ssss
night Of tho 9Th the United States District
Judge, Durell issued order directing tho
United States Marshal to take possession OF
Tho State House and prevent the assemblage OF
shis Legislature. That order was executed by
the aid Of the fedora, troops the meeting OF tho Legs
pctsors with kellogg for Governor, by the troops
put into possession the State .Thcsc facts
Inc judiciary Committee or tho republican House OF
representatives In the Forty third Congress,
disputed"
Or course tn: order utterly illegal and void.
Il conferred right, lawful power authority
whatever II Mr. Morgan should claim 70 be elected
tho late election la this State tho Chief Jus
Ice Of Canada should n" Now Years evo, issue
INTO possession, and tho ssrsual should do this by
mo aid Of federal troops, Mr. Morgan would be just
lawfully made Governor as Kellogg was This is
andeniablc
puRKLLs ORDER WITHOUT PARALLEL.
say undoniabc. because first, the judiciary Com
m,ttee u republican Senate pronounced Dure's
order without parallel and declared that sim
possible 10 conceive OF more irregular, illegal and in
excusablo act And the Judiciary Committee OF repub
can House declared II 10 be most offence
md abuse Of authority, destructive OF every principle
and right, the hghes. degree dangerous -epub-
IAN government and high crime and misdemeanor
ander the constitution OF the United States 43 Cong
n. H. Rep, 1872. for which crimo misdcmoanor
they recommended that Duroll should be impeached
whercupon Durel resigned his office and escaped i'm
parchment
Or the members OF tho committee who dissented
from this recommendation. Judge Poland dii 50 be-
cause he thought Durcrs order, though illegal,
sorrupt; aud Mr. Lyman Tremain subsequently re-
eanted and declared IL deserved impeachment (se-
sord, January Z. 1875 p. 321). whilo Mr. Fryes
view viii be found the minority report on the
state Of the South (Record, February 23, 1873, p
1857, in which hc Mr. Wheeler and Mr.. Hoar do
elaro Durcs 'ordcr and the 10 the
sss Of Kellogg were OF no validity and entitled TO
respect whatevcr.n And It is the government thus
irauduently and unlawfuy established which
mains In power Once tho federal troops with
drawn from Louisiana and the McEncry gov
srnment was thercupon, and by commoa consent OF
abe people. put in power.
GOVERNMENT pAyoxxrA
Tho federal troops thcn returned, and McEnery
Acposed by them, and Kellogg restored 10 the govern
nent which, by the aid oil those troops, ho stil re-
,aina In the words OF Mcssrs. Hoar, Wheeler and
Frye, Ill only tho national government that keeps
Kellogg In place for hour" Congressional Record
February i, 1915, p. l,647j
Nov. tins Returning Bo ird OF tho Kellogg govern
nens claims the power upon prccnce OF intimidation
at polling piacc, CT other pretcnce 70 arbitrarily
reject tho whole vote at such polls, rejection or
winch there rcllei and from which there is no
appeal.
only this autumn Governor warmoth SAID, At din
ncr conncclicut, that Returning Board the
greatest political contrvancc invented and that
at was Cue 10 the genius or Mr. Billings the gentle
man who inspired Durcips midnight oracr, and
who was by General Grant appointed Durell's
SUCCESSOR And that this hoard will
tus arbitrary power US to annui the peoples wish
Is believed, because the very mon now compose
the Returning Board did that very thing in 1874 Ac-
sordDg 10 The report OF tho special committee
state oi tho South OF the Forty-third Congress
tisct., 2Ul):-"rhS people Of tho State OF
Louisiana did, IN November, 1874, fairly have
irce pcaccable and fuli registration and election,
in which clear majority elected to
shc Lower House o the Legislature, OF which majority
tho were deprived by the unjust illegal
and arbilrary action OF the Returning Board"
nov rus KxrUaxryG BOARD DOES ITS WORK.