The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-21
THE DEMOCRATIC ADDRESS.
An Appeal to the Fair.Minded Men
of the Country.
THE LOUISIANA RETURNING
BOARD FRAUD.
Facts to Offset John Sherman's Ro-
nance.

New ORLEANS Dec 6, 1875.
To Hon. Abram S. Hewitt, Chairman
Democratic National Committee;
The Returning Board of Louisiana hay
ing this day promulgate as the result Of
the recent election in that State, that,
the Hayes and Wheeler candidates for
Electors received majority of the votes,
we, who, by invitation, watched the pro-
ceedings of the Board in opening and
Canvassing the returns till it went into
secret session, deem it our duty to lay be-
fore you and the public such facts con-
nected with the election and the returns
as will, we think, clearly show that the
action of the Returning Board in pro-
claiming the election of the Hayes Flee
tors is arbitrary, unfair and without war
rant of law, and we adopt as applicable
to this canvass the language of report
made to the United States House of Rep
resentati\ es in 1875 by George F. Hoar,
w. A Wheeler and VIM. P. Fry in re-
gard to the Canvass of 1872, in which
they say; "The so.c4lled canvass made
by the Returning Board in the interest Of
Kellogg seems to Us to have no validity,
and is entitled TO no respect whatever"
We also adopt the language of this same
report upon the condition of Louisiana in
1875 "In the State of Louisiana there
is Governor in Office who owes his seat
| to the interference of the national power
which has recognized his title to his Of
fee, not by reason of any ascertainment
of the facts by legal process, but has bas-
ed its action solely on the illegal order Of
a Judge"
sin the same State there is Legisla-
ture, one branch of which derives its au-
thority partly from the same order, the
other being organized by majority who
have been established in power by an
other interference of the National Gov
ernment, and which majority derives its
title, not from any legal ascertainment of
the facts but from the certificates of
Returning Board, which has misconceiv-
ed and exceeded its legal authority"
November Is, 1876, before the Return
ing Board commenced the canvass of the
Electoral vote, the candidates for Flee
tors on the Democratic ticket presented
protest against its jurisdiction over the
subject, or its canvass of the votes relat-
ing to the same. This protest was sum-
marily overruled by the Board, without
afording an opportunity for argument.
No legal proposition in our opinion is
clearer than that the Board was mistak-
en- as TO its powers, and that it bad moth
ing whatever to do with the Electoral
vote. The Constitution of the United
States declares: Each State shall ap.
point in such manner as the Legislature
thereof may direct number of Electors,
equal to the whole number of Senators
and Representatives to which the State
may be entitled in the Congress, but no
Senator or Representive, or person hold
ing an Office of trust or profit under the
United States shall be appointed an Elec-
tor"
The Legislature of Louisiana has either
| directed the manner in which the EleC-
tors shall be appointed or it has not. The
Election Law of 1872 and amendments
under which the Returning Board is
created and acts, makes no provision as
to the manner of appointing Electors Of
President and Vice President, whether
by the Legislature or by a vote of the
people, nor whether by the State at large
or by Congressional Districts, nor does it
contain any provisions as to the Qualii-
cation of Electors, the place where they
are to meet, nor to fill vacancies. Sec
ton II of that act declares as follows:
THAT this act shall take effect from and
after its passage, and that all others on
the subject of election laws be and the
same are hereby repealed" This is not
an implied but direct repeal of all prior
election laws to which it refers and if it
repeals the previous act of 1868, revised
in 1870, providing for the appointment Of
Presidential Electors, it repeals the whole
of 1t and all its provisions, and there is
no law of the State on that Subject, and
| of course the Board would have no iuris-
diction to canvass votes for such offices.
If, on the other hand, the act of 1872
does not repeal the law of 1870, then
Presidential Electors must be appointed,
and the canvass of the votes therefore
must be made in accordance with the
law of 1870, and the Returning Board has
no jurisdiction over the subject, as viii
be seen by reference to some of the pro-
visions of the act of 1870, which are as
follows:
"Sec. 1924. Every qualified voter in,
the State shall vote for Electors as fol-
lows: Two persons shall be selected from
the State at large, and one person shall
be chosen from each Congressional Dis
trict in this State; and in case any ticket
shall contain two or more names of per-
sons residing in the same district Except
the two chosen from the State at large),
the first of such names only shall be con-
sideled as duly voted for"
Sec. 1926. No person shall be consid-
cred qualified Elector who is not
qualified voter in the District for which
he is chosen, or in case of being selected
for the State at Large, then Of some par
ish of the State"
"Sec. 1926. Immediately after the re-
ceipt of a return from each parish, or on
the fourth Monday of November, if the
returns should not sooner arrive, the
Governor, in presence of the Secretary Of
State, the Attorney General, District
Judge of the District in which the seat Of
Government may be established, or any
two of them, shall examine the returns
and ascertain therefrom the persons who
have been duly elected Electors"
Sec. 2,S29 The Electors shall meet at
the seat of Government on the day app
pointed for their meeting, by the act of
Congress, the first Wednesday in De-
cember, and shall then and there pro.
ceed to execute the duties and services
enjoined upon them by the Constitution
of the United States, in the manner
therein prescribed"
"Set. $3.50 If any one or more of the
Electors chosen by the people shall fail
from any cause whatever to att nd at the
appointed place at the hour Of 4 p, m-of
the day prescribed for their meeting