The New York herald., 1876-11-18
Ing nve members from each party to be present during
tie canvasslng OF the returns.


the canvasslng OF the returns.
srASpsrlLL
Business continues extremely duh, with prospec.
OF improvement. until the present political dispute is
Jastcd aud the election OF President settled
INELIGIBLE ELECTORS
The Ereaing Democrat says that two Of the repub
lcan electors IN Louisiana held Offices OF profit and
trust under the unncd States at the time they wero
voted for, and are, therefore, ineligible O. H.
Brewster United States Surveyor General for Loui
siana and Official documents signed by him during the
canvass in existence. The day after the election
he sent on his resignation, and It Is believed ante
dated II TO remove hts lnegibility
Judge A. b. Lavisec. another republican eicctor. Is
we are Informed, United States Comm issioncr-an
Office OF profit and trust: and ho ia. therefore. ine
gibic
THs DEMOCRATIC REPLY TO rnR REPUBLICANS.
The following reply Of tho democrats TO the republ-
letter has been delivered and published this even
ing
Tc THE HoSs. JoHs SHERMAN, STANLEY MATTHEWS. j.
A. GAHyELD, ". D. kELLEy. Jonx A. KAssoS, Il. W.
STorGHros c. IRVING DIrrY, J. II. VAN ALAN,
ErCsSs HALE II. s QrAY. w. S. CrNBAcK. h. S.
NoYEs. ). Z. STEVENSON, JonS conrHy, Lsw WAL
xAA ". X. SMITH, AaSkR TAYLOR 5. II. HAVEN. J.
A BxARDsLEr, 7. B. FARwELL CorRrLASDr PAaKgR,
SiDSKY CLARK AND j. c. Hn.soS:-
GExrLEMgN-wc are in receipt Of your answer 10 our
letter OF the lth INST In which you inform US your
not To with puyDoso Of
cxertlns such influence as wc may possess
behalf OF such canvass OF tho votes actually
cast at the election 10 Louisiana as by It's fairness
and mpartiaiiy. shall command the aclucscence and
respect OF all parties We sincerely regret this failure
OF attempt secure the operation OF The c,t
zcns from other Northern States urtherance OF the
purpose which, as wo supposed, had brought them
hthcr al this Juncturc We regret II all the be-
cause your refusal to confer and cooperate with us
appears 10 be based upon serious riisapprehension
OF the language, no less than the spirit OF
munication. IL can hardly have escaped your notice
af stlt
cooperative action which VIC sought to bring abou,
was simple reproduction OF the language Of
ires'cent ~ Gran. tat whoso request, we un.
recent order to General sherman That language was
deliberately used doubt in view OF the fact-about
which, conceive, there can be dispute--thal
the hrst and most essential prerequisite to honest
and Just declaration OF the result OF tho recent election
IN Louisiana Is far and impartial canvass OF the votes
actually cast and seems 10 us that do tho Pres
dent grca. injustice 10 supposlug tina. IN speaking Of
clude votes illegally, you certainly do
US injustice by the imputation OF
desire to insist upon such narrow ana vicious inter
probation. In our Judgment tho expression ..votes
actual cast OF necessity designates votes legally
cast, and as a consequences OF sich votes only did
desire TO secure far and impartial CANVASS We beg
leave say. therefore, that you mistaken tho
belief that wo sought unduly to narrow the basis
less in error in atlribrtng to US pur.
pose 10 interfere With tho legal authorities OF
to claim rights and to arrogate to our
selves powers which VIC do not possess In writing
our letter We we're iuy aware that both tho organza
and action, whether judicial MINISTERIAL OF tho
Returning Board or Louisiana were beyond any
thortatve control from without, and that II would bo
tho height OF arrogance and folly Ia attempt 10 alter
the laws OF State OF witch aot citizens or TO
obtrude our Interpretation OF these laws upon those
whose duty 1t Is TO administer them; but we had sup
posed nevertheless, that there was influence which
might be rghuly cxertcd by citizens OF this republic
who are strangers IN this State and wc had taken II
granted that your presence here response
suggestion OF the President WAS recognition OF this
fact We had supposed that II WAS not improper
to remind the authorities OF this state by
presence Ut least that there rules fair
ness and justice which underlie all constitutions
laws and upon whose observance depend tho nc
quiescence OF the people OF all parties in Tho
declared result OF the Louisiana election. Rules
such as these-That no one ought TO oc judge
In his own case; that tho decision OF any contest
ought not TO depend upon the nero arbrament OF
Of thc parties thercto that before such decision
is made both parties ought 10 be fully aud fairly hoard,
all questions Of law ought TO DO decided in conformity
with lis established general principles, and
presented and weighed under the rules which arc Of
universal rccognlon in al the States OF this Union
that the trial Of oil causes Involving public interests
least ought TO bo public, and that all the proceed
ngs resorted 10 for the purpose OF determining the
tho present electoral contest ought, by their
manifest mpartiay, 70 dIsarm tho suspicion that the
forms OF law have been perverted into instruments
the violation Of its spirit In thss connection may
be permitted TO observe that, while undoubtedly. as
you say. scduous cultivation cf the habits OF obe-
dence the forms OF law is vital 10 the preservation
refusal TO yield such obedience be not provoked by
using these forms MS means Tor subvertng the very
ends for which they werc designed.
Without undertaking to question tho sincerity OF the
belief, which you are ut pains 10 EXPRESS that you
know of reason TO doubt that the Louisiana Return
Ing Board will make perfectly honest and Just dcc1a-
ration OF the results OF tho election in LOUIS.
iana deem II not improper to remind you that tho
presence u this city many citizens from all paris
OF tho Union At this moment seems TO be evidence OF
widely prevalent distrust OF the action OF this Board
and that such disrust has tho foundation that
the constitution Of the Board has not been changed
since It's returns set aside by Congressional
committee Of which tho republican candidate Tor the
Vice Presidency WAS member, and this distrust is
not unnatural in view OF tue fact that as we under
stand, OF the members OF the Returning Board ,s
candidate voted for al the recent election, another
the holder Of Office OF profit aud trust by appoint
mcnt OF the present Executive Of tho national govern
mcpt, while all the members OF the Board believed
TO be In afiation with but one of the parties tho
present political In Wow OF all this IL is
hardly necessary 10 add that the tcrmA Of letter
wcro not designed TO prcjudgc tho question whether
ministerial or both hut simply 10 invite to with
that whatever may be the character Of those iunc-
tons. shoy openly and fairly and honestly dis
charged, and, while we thus reirained from at
tempt at stating or construing tho laws OF Louisiana
we deemed II equally irrelevant 10 the subject Of
correspondence with you TO nlude 10 the duties de-
volving upon officers other than the constituents OF
the louisiana Returning Board. under the laws and
constitution Of the United States. Whether, as you
Observe by way OF llustra,on under the constitution
tho President OF the Senate both declares
tho votes Of the electors OF the several Stacs his
duty bcin. simply ministerial, and not sub
jcct to tho control OF Congress, or wholher
al has bcon the practice Tor than eighty
years--a practice nauguratcd bv somc cf whom
had been among tho trainers OF tho constitutionthe
to DO counted under the direction and con-
troll Of The Senate anu House OF Representatives Is
question upon the discussion OF which deem II
part OF our duty TO enter
In conclusion permit Us to say that notwithstand.
Ing your refusal TO cooperate, we still cherish tho
hope that tho Returning Board warned by tho history
OF the past and conscious that It's nctions
are Icing observed by the whole naiion.
with discharge its delicate duties with such
circumspectun, fairness and impartnlity VIII
give satisfaction 10 tho American people To this
we will continue Ia labor. Should a different result
follow the acton OF the Board shall have the salis
faction OF knowing that, while you havo taken the
responsibility OF declining TO act with US, have
done all In power the consequences which
may follow. Very respectfully,
JOHN NJ PALMER. LYMAN TRUMBULL and w. r.
MORRISON. of lliinois
5. j. RANDALL, A. G. CURTIN and WILLIAM
DIGLER, of Pcnns ylvanja
consin
J. & MCDONALD, G. W JULIAN, NJ D. MANSON
and J. O. LOVE OF Indiana