New-York tribune., 1876-11-20
sion of the names of five Of the Hayes electors from
the Republican tickets in several parishes

HALF OF DEMOCRATIC CANDIDATES.
NEW ORLEANS. Nov. 1S.-The Returning Board
met at noon Yesterday, Messrs. Casanave and Wells
of the members of the board being present, with
Judge Trumbull Judge Stallo, Gov. Palmer, and
ex-Gov. McHenry of the Northern Democrats, the
Democratic Committee which has charge of evidence
to be presented, and many Republicans. There was
delay ON account of the absence of Messrs. Ander-
son and Kenner The board came to order at 1890,
and authorized the sergeant-at-arms to procure
room. Gen. Thomas c. Anderson, member of the
board, said that there were a great many distin-
guished gentlemen in the city who would desire to
witness the proceedings of the board He therefore
offered the following preamble and resolution,
were adopted without dissent, and ordered to be
spread upon the minutes:
Whereas, This board has learned with satisfaction mat
distinguished gentlemen Of national reputation from
other States at the request OF the President OF the
United and at the request OF the National
Executive Committee Of the Democratic party, are pres
ent in this city with view 10 witness the proceedings OF
this board in canvassng and compiling the returns Of the
recent election in this State for Presidential electors IN
order that the public opinion of the country may be sat
sed as to the truth of the result aud the fairness of the
means by which it may have been attained; and
Fhereas This board recognizes the importance which
may attach to the result Of their proceedings and that
the public mind should be convinced Of its justice by
knowledge of the which it may be based there
fore, be 1t
Resored That this board does hereby cordially invite
and request five gentlemen from each Of the two bodies
named to be selected by themselves, respectively to at
and be present at the meetings OF the board while
engaged the discharge Of its duties under the law In
canvassng and compiling the returns and ascertaning
and declaring the result of said election for Presidential
electors in their capacity private citizens OF eminent
reputation and high character and spectators of the
proceedings in their behalf OF this board.
The Secretary reported that election returns from
80 parishes had been filed with him, returns from
SO parishes being yet to arrive. The question was
raised as to whether the Board could begin the
compilation and canvass until all of the returns
had been received, 1t was determined to begin on
Monday the Goth inst. and to take UP the parishes
alphabetically or by Congressional districts.
Col Zacharie. Chairman of the Democratic Com
mittee on Election and Returns, requested to know
whether the presence Of counsel representing the
Democratic candidates would he allowed during the
deliberation of the board. The President replied
that only in cases where disputed points arose would
counsel for both parties be called in. He added that
counsel would be permitted to inspect the returns
when they were opened in order to whether they
had been tampered with. Col. Zacharie filed aplea
against the constituonaity of the board, and pro-
tested against certain action in behalf OF the Demo
cratic candidates. The following grounds were set
forth:
First BY Section o Act 9s, 1872 creating board OF
returning officers there ia no term fixed for tenure OF
Office and by the section 1t is provided that IN case
of any vacancy by DEATH resignation, or otherwise by
either of the board the vacancy shall be filed by the
residue of the board thus creating board with the
mower of perpetuang itself indefinitely and cOnferrng
said power certain contingencies upon single persOn
that the said board authorized to canvass and return
as elected members OF the Legislature, and sald
members are alone authorized to participate In the
organization of either branch Of tho Legislature,
and said Legislature so constituted under
Act 4 Title g. OF the Constitution OF the State OF Lou
isana shall examine and count the votes for Governor
and Northumberland, the direct and immediate
OF all Of which is 10 place the power In the hands
Of five persons ultimately Of one person and his ap
ponees for all time TO 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, creating Gov
ernment not republican in form or character.
Second BY the act under which the said board claims
proceed the said board vested with powers Judicial
in their character and in that respect the act Is in
ict with Article o. of the Constitution OF tho State OF
Louisiana.
Third: That IL the constitutlOnalty Of tho law were
established beyond question, objection would stil be
made to the in which the present acting board Is
constituted The Act 90 Of 1872, Section 2 provides
that five persons be elected by the Senate from ali
poca parties shall be returning officers for all elec
tons in the State The act has not been complied with,
as none OF the members composing said board are
members Of the Democratic Conservative party, and
therefore said board is constituted required by
law.
Fourth : On behalf OF the Democratic electors, the
counsel protested against the counting and compilation
Of the vote for A. b. Levsee and A H. Brewster, Rcpub
iicsn electors on the ground that when Brewster was
voted for he was occupying the Federal position OF
United States surveyoGeneral, and that A. b. Levisee
was United States Commissioner and ineligible ac-
cording to Article 2, Petition 2, OF the Constitution
The Board will determine Oh Monday whether ar1
eument in this protest will be permitted. No cleo
ton was held to fill the vacancy the board, which
adjourned until noon on Monday.
After the meeting of the Board the preamble ana
resolution as the presence of witnesses were sent
to both the Republican and Democratic committees
The Republicans sent the following answer:
ST. CHARLES HOTEL, NEw-ORLEAhs, NOV lo, 1870
The Hon. J. MADISON WELLS.
SIR; have received your note Of today with copy
of the resolution OF the Board Of Returning Officers Of
the State OF louisiana and have communicated the lhVl
tation contained in it 10 the gentlemen VINO are mere at
the request of President of the United witness
Of vote at the election In TINS state iof
presidential electors and instructed by them to In
form Won Of their acceptance OF the invitation, and that
tby 1i designate a committee OF five of their number
Ia attend the meeting Of the board; and take this occ
n my thanks for the courteous terms OF tins
,,,r,,ton my deep sense Of the importance OF your
and my confident hope that they VIII be SO
concluded as to convince the public mind OF the justice
Of vour finding. Very respectfully yours,
VI ' JOHN SHERMAN.
The visiting Democrats appointed the following
,,ontIernen "a remain and witness the count: John
NJ Palmer and Lyman Trumbull of Illinois, William
Beler of Pennsylvania, George b. Smith OF Wiscon-
sin. and p II. Watson of Ohio.
The gentlemen who are here at the request OF the