The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-11-23


New ORLEANS, Nov. 10th, 1876.
GENT LEMEN-The majority Of the un'
dersigned to whom your note of the l4th
inst, was addressed only arrived in this
city yesterday evening. We have there
fore been unable to reply till this morn
ing, and can only regret that your com
munication should have been given to
the press Immediately upon its delivery,
and without the possibility ofan answer
accompanying it, You remark that you
are informed that we came at the request
of the President, to see that the Board of
Canyassers make fair count OF the votes
cast, and that we meet and confer IN Or
der that such influence as we possess may |
be exerted on behalf of such canvass
of the votes actually cast as by its fair
ness and impartiality shall command the
respect and acquiescence of the Ameri- |
can people CT all parties.
We join heartily with you in counsels
of peace, and in the expression of an ear
nest desire for a perfectly honest and
lust declaration of the result of the re-
cent election in Louisiana by its lawfully
constituted authorities, and we may add
chat we know OF no reason to doubt that
such declaration will be made, but we
do not see the propriety or utility of
conference on the basis and subject to the
limitations you propose; for we have no
such duty imposed on us, and as suggest
ed by the clause of your note first quoted
we are at most requested to be witnesses
of what shall occurin the canvass OF the
votes, without power or legal Influence
over the result or over the means by
which, under the law of Louisiana, the
result is to be determined. We cannot
doubt that in this you, upon reflection,
will concur with us.
We are here as private citizens with no
official power. We therefore cannot su-
percede or modify any law of this State,
nor have we any right to control or in
duence any its officers as to the man
ner in which they shall perform the min
istelial or judicial duties imposed upon |
them by its laws, and should we, being
strangers and without official functions,
attempt this, we should be condemned
by the people of every State of the I'm
ion for an improper interference with To-
cal administration. The following ex-
tract from the laws of Louisiana show
that the Canyassing Board is expressly
required in certain cases to exercise ju-
diCial as well as ministerial functions.
Section g. That in such canvass and |
compilation the returning officers shall
observe the following order They shall
compile, FIRST the statements from all
polls and voting places at which there
shall have been a fair and peaceable reg
istration and election. Whenever from
any poll or voting place there shall be
received the statement ofany Supervisor
of Registration or Commissioner of Elec-
ton in form as required by section 26 of
this act, on affidavit of three or more cit
izens, of any riot, tumult, acts of violence,
intimidation, armed disturbance, bribery
or Drrupt influence which prevented, or
tended to prevent, fair, free and peace
able vote of all qualified electors entitled
to vote at such poll or voting place, such |
returning officers shal 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 cauvassed and compiled. The re-
turning officers shall then proceed TO in
yestigate the statements of riot, tumult,
acts of violence, intimidation, armed re-
sistance, bribery or corrupting influence
at any such poll or voting place, and II
from the evidence of such statement they |
shall be convinced that such riot, tumult
OF acts Of violence, &C., bribery or cor
rupt influence did not materially inter |
fere with the purity or freedom of the
election at such poll or voting place, or
did,not prevent a sufficient number of
qualified voters thereat from registering
or voting as to materially change the re-
suit of the election. then and not other
wise said returning officers shall canvass
and compile the vote Of such poll or vo-
ting place with those previously canvass
ed and compiled; but if the said return
ing board shall not be fully satisfied with
it, it shall be their duty to examine fur.
ther testimony in regard thereof and
for this they shall have power to send
for persons and papers If after such
examination the said returning officers
shall be convinced that said riot, tumult,
acts of violence, &c did materially inter-
fere with the purity and freedom of the
election at such poll or voting places, as
did prevent sufficient number Of quail
fed electors thereof from registering and
voting as to materially change the result
Of the vote of the election, the said re.
turning officers shall not canvass or com
pile the statement of the vote of the poll
or voting place, but shall exclude them
from their returns; provided that any
person interested in said election by rea-
son of being candidate for Office shall
be allowed hearing before said return
ing officers, on making application with
in the time specified for the returns of
said election.
If there are any facts requiring the
Judgment of the board upon the validity
of any election or return affected by such
frauds or violence, it would be mani
fest interference with States rights and
local selfgovernment for persons like
ourselves, without official right, to at
tempt to influence or control its judicial
action. Had corresponding board in
the State of New York in 1869 been au-
thorized to pass upon the fraudulent re-
turns of votes Of the city of New York
that year, and delegation of citizens Of
Louisiana, however respectable, attempt
ed to influence it's judicial action upon
the facts presented to it under the laws
of that State, such attempt would have
been universally condemned. If the
duties of the Canvassing Board of Lou
isiana were merely ministerial or
clerical, as in the case of any officer
charged by law with the duty Of verify
ing and declaring the result Of any cleo
ton and investigation with no discretion
as when the President OF the Senate de-
clares and counts the votes of electors Of
the several States in the election of Pres
idvnt and Vice President under the con.
stitutiOn of the United States a different