Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-11-17
TEE DISPUTED STATES.
LAsf NIGHTS DISPATCHES.
LOUISIANA.

A") DASA III OAA ACs
LAST NIGHTS DIsPArCHEs.
LOUISIANA.
REPLY OF THE REPUBLICANS DtCLINISG
TIE DKMoCRATIC INVITATION TO CoN-
FRRINeE-
The following is the reply of the republi-
cans 10 the communication from the demo-
Gratis inviting . conference:
NEW ORLEANS, Nov. 10, 1876.
TO the Hon John ~. Palmer, Le,C1s y Bogy,
Lyman 7rssmb,lu, James o BrOadteod, W. r.
Morrison and Others present at the request of
the chairman Of the National Democratic Com
Gentlemen: The majority of the undersigned,
to whom your note OF the l4tn ine tant was
addressed, only arrived in this city yester-
day evening. Wehave therefore been unable
greet that your communication should have
been given TO the press Immediately upoo It's
delivery and Without the possibility Of al
you are informed that We came at the re-
quest Of the President to see that the BOARD
OF canvassers make fair count of the votes
actually cast, and ask that We meet and con-
fer, In order that such influence as we pos
sess may be exerted on behalf of such a can
vass OF the votes actually cast as by its fair
ness aud tmparttality shall command the
respect and acQuiescence OF the American
people of all parties.
We Join heartily with you In couusels of
peace, and In the expression OF an earnest
desire for perfectly honest and just decla-
ration OF the results OF the recent election
In Louisiana by its lawfully constituted
of no reason to doubt that such a declare
ton will be made, but we do not see the pro-
pTtefy or utility of a conference On the basis
and subject TO the limitation you propose,
for We have DO such duty imposed on us,
and, as requested by The clause Of your note
first quoted, we are almost REQ uested to be
witnesses of what shall occur In the canvass
OF the votes, without power or legal iniu-
ence over the result, or over the means by
which, under the laws of Louisiana, the re-
suit il 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 supsrsede or
modify any laws of that state, nor have we
any right to control or influence any Of its
{ Ulcers as to the manner In which they shall
perform ministerial or judicial duties i'm
being strangers and without official func
tiODs, attempt this, we should be condem oed
by the people of every state in the Union for
an improper Interference with local admin
istIations.
The following extract from the laws OF
Louisiana shows that the canvassing board
exercise Judicial as well as ministerial
functiops:
"Sec. 8. That in such canvass and compi-
iation the returning officer stall observe
the following order: They shall compile, drst,
the statements from all polls or voting
places at which there shall have been a fair
free and peaceful registration and election.
Whenever, from any poll or voting place
here shall be received the statement OF any
superior officer OF registration or commits
sioner OF election, In form as required by
more citizens, OF any riot, tumult, acts of
violence, intimidation, armed disturbance
bribery or corrupt influence which prevented
or tended 70 prevent q fair, free and peace
vote at such polls, or voting place, such re-
turning officers shall not canvass, count or
compile the statements from such poll or
voting place until the statements from all
other polls or voting places shall have been
canvsssed and complied. The returning Of
ncers shall then proceed to investigate the
statements OF riot, tumult acts Of violence,
intimidation, armed disturbance, bribery or
corrupt influence at any such poll or voting
place; and If nom the evidences OF scch
sta tement they shall be convinced tn At riot
tumult, acts OF violence, Intimidation,
armed disturbance, bribery or corrupt in
huence did not materially Interfere with the
purity and 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 to materially
change the result Of the election. then, aud
canvass and compile the vote Of such poll or
voting place with those previously can
vassed and compiled but II the said return
ing once rs shall not be fully satisfied thers-
testimony in regard thereto, and to this end
they shall have power to send for persons
and papers. II, af:er such examins alton, the
said returning officers shall be convinced
that said riot, tumult, acts of violence in.
limitation, armed disturbance, bribsry or
corrupt influences did not m ateri.lly inter-
fere with the purity and freedom OF such
election At such poll or voting place, or did
prevent sufficient number OF the Qualified
electors thereat from egisterfng ana voting
10 materially change the result Of the cleo
ton, then such returning Off GERS shall not
canvass or compile the statement OF the
votes OF such Foil or voting place, but shall
any person Interested in said election. by
reason Of being q candidate for OH 90, snail
be allowed hearing before said returning
omcers upon making application within the
turns OF said election"
Hence II there were any facts requiring the
Judgment OF the board upon the validity OF
any election or returning as affected by such
frauds or violence, Ii would be q manifest
interference with state rights and local self
government for persons like ourselves, with
control its judicial election. Had Q CORES
popd1Dg board, in the state OF New York In
1858, been authorized to pass upon the fraud
that year, and q delegation OF citizens OF
Louisiana, however respectable, ATTEMPTED
10 Influence Its judicial action upon the facts
attempt would have been universally con-
demned. II the duties of the canvassing
board OF Louisiana were merely ministerial
or clerical, as In the case OF any officer
charged by law with the duty OF verifying
and declaring the result OF any election or
Investigation with no discretion, as when
Their Pesident of the Senate counts and de-
clares the votes OF the electors of the several
states, In the election OF President and Vice
President under the Constitution OF the
United States, different case would be pre-
sented. It is, in our judgment, vital to the
preservation OF constitutional liberty that
the habit of obedience to the forms OF law
should be sedulously inculcated and cult
waited, and that the resort to extra coustitu-
tioDal modes of redress for even actual grew
ances should be avoided and condemned, as
revolutionary, disorganizing and tending to
disorder and anarchy.
To reduce the whole question, therefore to
the mere clerical duty OF counting the votes
actually cast, as proposed by you, In dis.
tnction from votes legally cast and return.
ed, irrespective OF the question whether they
are fraudulently or violently cast or other
wise vittated, involves q nullidcatton of the
provisions OF the laws OF Louisiana which
have already been adjudicated as valid BY
the supreme Court, and would be WHOLLY
uDJustinable here. az well a. In any other
state OF the Union which had provided laws
70 protect the rights OF voters and the purity
OF the ballet. We cannot, therefore, CONCUR
In your proposition for conference ON that
subject Very respectfully,
6sGpo0-JOhn Sherman. StanlAv MaftheUa