The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-11-22

cast of necessity designates votes
legally cast, ana as consequence OF such
votes only did we desire TO secure tair
and impartial canvass. a..
We beg leave to say, therefore thal
YOU are mistaken in the belief that we
sought unduly to narrow the OASIS on
which we invited your cooperative ac-
tiou. And YOU are no less In error III
attribut:ng to US a purpose to interfere
with the legally constituted authorizes
If this State in the discharge OF their
duties-to claim rights and to arrogate
10 ourselves powers which we do not
possess. In writing our letter we were
| FULLY aware that both the organization
and the action, whether Judicial or MN
| istcrial. OF the Returning Board OF
/ Louisiana, was beyond any authoritative
! control from vi -hout, and that 1t would
! be the height of arrogance and folly 10
attcmpt to alter the laws Of State OF
which we are not citizens or TO oOtrude
our Interpretation of these laws upon
those wao.e duty it is to administer them
| But we had supposed, nevertheless, that
I there WIS an influence which might be
rightfnl.y exerted even by citizens OF
! this Republic who are strangers IN this
State. We had supposed that 1t was not
/ improper for Us 10 remind the authorities
of this State, by our mere presence at
| least, that there are certain rules OF
fairness and justice which underlle all
| constitutions and laws, and upon
whose observance must dep nd the
acquiescence of the people Of all
| parties in the declared result OF
/ the Louisiana election rules such as
these: NJ one should be judge in his
own case ti,at The decision OF any contest
ought not to depend upon the mere ar
| hirament Of one of the parties thereto
| that before sucl decision is made, both
parties ought to be fully and fairly
| heard thai all questions of law ought to
lie decided in conformity with its estab-
lished general principles, and all ques-
| tons Of fact upon evidence duly present
ed and weighed under the rules which
are of universal recognition i'll all the
| States Of This Union that the trial of all
causes involving public interests ut least
| ought to be public. and that all. the pro-
ceedings resOrtcd t. for the purpose OF
determining the issues in the present
| electoral contest ought, by their manifest
/ impartiali'y, to disarm the suspicion that
the forms OF law have been perverted
! into instruments for the violation of It's
spirit. Ia this connection, we may be
permitted ID observe that, while un.
! doubtedly, as you say, a sedulous incul-
cation aud cultivation of the habits Of
obedi ace to the forms Of law is vital to
| the preservation Of constitutional liberty,
! ii is no less important that refusal to
| yield such obedience be not provoked by
using these forms rs means for subyert-
| ing the very ends for the securing OF
which they were designed,
Without undertaking to question the
sincerity Of the belief which you are at
pains to express, that you know of no
reason TO doubt that the Louisiana Re
turning Board will make perfectly
honest and just declaration of the results
Of the recent election in Louisiana, we
deem it not improper to remind you
that the very presence in this city of so
many citizens from all parts Of the Union
at this moment seems to be evidence Of a
widely prevalent distrust OF the action
Of this board. and that such distrust has
this foundation, at least that the consti
tuition ofthe board has not been changed
since It's returns were set aside by a
| Congressional Committee Of which the
! Republican candidate for the Vice Pres
Idency was member.
And this dstrust is not unnatural in
| view OF the fact that, as we understand,
one Of the members Of the SReturniuy
Board is a candidate voted for at the re.
cent election; another, tho holder Of an
office sf profit and trust by appointment
of the present Executive Of the National
Government, while all the members Of
the board are believed to be in utilization
with but one of the parties to the present
political contest
In view Of all this, it is hardly neces-
sary to add that TIE terms Of our letter
were Rot designed to PREJUDICE the ques-
ton whether the functions Of the Re.
turning Board was judicial or uinis-
terial, or both, but simply to invite you
to see, with Us. that, whatever may be
the character of these functions, they
are openly, fairly and honestly dis.
charged. And while we thus refrained
from any attempt at stating and constru-
ing the laws of Louisiana, we deemed il
equally irrelevant to the subject of our
correspondence with you to allude to
the duties devolviHg upon officers other
SAsetiA tliC constituents VI lilc LOUISIANA
Returning Board under the laws and
Constitution Of the United States.
Whether, rs you observe, by way of illus
tration. under the Constitution, the
President of the Senate both counts and
declares the votes Of the electors of the
several States, his duty being purely
ministerial, and not subject to the con
troll OF Congress; or whether, as has
been the practice for more than eighty
years-a practice inaugurated by men.
some of whom had been among the
irlmers Of the Constitution-the votes
are to be counted by a committee an
pointed by the Senate and House of
representatives, and thus under the
control OF the two branches Of our M.
fional Legislature, i, a question upon
the discussion Of which We deem il no
part OF cur duty to enter.
IN conclusion, permit US to say that
Notwithstanding your refusal to co.oper.
ate, we still cherish the hope that the
Returning Board, warned bv- the bistorv
OF the past and conscious that its actions
are being observed by the whole nation
VIII discharge It's delicate duties with
such crcumspection, fairness and impar.
uality as will give satisfaction to the
American people. To this end we shall
continue to labor. Should different result
follow the action of the board we sb.I.