The New York herald., 1876-11-27


some localities and threats or intimidation oy both
partcs-the late election notable for us peaceful
nature. It's Harness and It's unquestonaoie results.
We conversed with coiored man, formerly State
Senator, who told us that when he went 10 speak IN
one Of tho distant parishes he was welcomed by 500
negroes. Most OF the on the conservative
sidc were coored men.
sTbc relations between the whites and blacks in the
South different from the relations OF tho two
races In the North There they understand each other
and u Is truc that the wall which separated them when
slavery existed is gone forever ana tho intelligent
negro knows IT. Tho negro naturally feels kindly
toward the man why employs and pays him. Beside
that the assssscd value OF property in the hands of
tue negroes o Louisiana Is nearly quito $50 oOVOo0
and thc negro property owner quite anxious TO be
rid OF missovernment and the fearful cxaction made
upon him by taxation Ms tho white man. That class OF
negroes are general advocates OF the election OF con-
servatives"
"Do you apprehcnd any violence In Louisiana, what
ever may bc tho decision OF this contests'
..No.' said Governor Curtin, firmly. ssIn my iudg-
ment there Is no danger OF any disturbance The pco
pie there want rest and quict and nothing that occurs
the settlement OF this election will produce any vio
ence in that state There much feeling Of anxiety
and also Of hope Tho whito population aud tho more
intelligent portion OF the negroes looking
form OF government and reef from misrule Tor thor
material prosperity"
VIEWS OF JUDGE MEREDITH, OF RICHMOND.
Ex-Judae Meredith OF Richmond, was for sixteen
years Judge OF tho Court OF chanccry OF Richmond
and being regarded Ia very abe II partial jurist,
his views on the present national denna glowing ou:
Of the Presidential election will be OF than ordl
nary interest Judge Meredith has prepared an elabo
rate paper on the legal questions entering into tho
present problem aud hence has devoted great and
study TO tho subject The following is the substance
OF tho conversation hold with HIM
RsroRrER-wnai is your opinion Of the present con-
test regarding tho right OF the returning boards OF the
disputed States to throw out on account OF in
timidation or iraudy
Judge MgREDirH-I do not think that this claim OF
tho returning boards can be legally maintained i
have very carefully looked into tho subject and am
decidedly OF tho opinion that these boards do pos
the power to decide upon the legality ilegalty
Of tho cast ior the Presidential electors. The
constitution intended 10 vest these boards with
such power
POWERS CONGRESS.
REroRrgR--Who. then, has tho power to pass upon
tho question OF the legality OF votes in parishes or
precincts whero fraud or intimidation is alleged to
have taken place.
branches OF tho national legislature when assem-
plcd Tor the purpose OF counting tho votes cast for
President and Vice President ms required by the
stitution.
REroRrxR--what aro your reasons for thinking the
returning boards have no Judicial powerss
Judge MKIEDiri-l do not think they have any moro
power TO puss upon the Legality or illegally OF votes
cast for electors than they have to pass upon votes
for embcrs OF Congress- Take the case OF men,
bcrs OF Congress. Although the Governor required
10 give certificate OF tho election Of q member of
Congress- vet Congress goes behind the return aud
judges itself OF the lawful election and qualification OF
Its own members II one OF them has been elected by
fraud intimidation IS for the respective branch Of
Congress TO say. Hence consider that when tho
houses Of Congress assemble In February
votes OF ccc.ors for President and Vice President
Judges Of the legality Of the In which certain
electors were returned
THE MODE or PROCEDURE
REPORrER-ln what manner will the two houses, ac-
cordng TO your view o the law, proceed fraud
should have been practlscd by tho present returning
boards in throwing lawfully votes and return
Ia.
j0ritvy
by the Returning Board either oil the three doubt-
iul States all OF them II will then be In the power
as 1t VIII clearly be the duty Of these Two bodies thus
assembled as joint convention 10 pass upon that
question OF fraud, aid II the electors from any Of
these States should have been returned by fraudulent
JOINT session to reject such electoral votes
REPoRrER-Senator Morton claims that tho Vice
the constitution on this particular branch Of the sub
ject will have the power 70 count tho votes and pass
upon such questions OF legality.
PRESIDENTS POWER
Judge MEREDITn-I fail to lind any warrant whatso-
over Tor such WOW, which would place
snail "'PTe BE- Pres'den. I IN the hands '0 cf ns ONO
man. The Vice President has never counted
ieers have always done that. The two bodies y !
as joint convention and act as one body The Pro-
dent OF the Senate Is simply charged by the consttS
tion with opening the certificates containing the
votes, and tha; IS the whole extent Of hts power.
Whom no has opened the certificates his function
votes shall then be counted" II does not say by
whom but the natural Inference which has also been
adopted hitherto IN the practice Of Congress s that
RErosrxR--s,sting in join. convention the demo-
Gratis would have the majority, and would the ma
JoriIy decideY
Judge MxRxDrrH-Un Undoubtedly Il would
MAJORITY TWO BODIES
In joint convention would have tho duty TO pass upoA
the Legality OF she disputed votes. Adopting how
ever The view entertained by others that tho two
hOu m thnu
would still throw out the disputed votes Hence Is
only BY adopting Mr. Moron's Wow that the President
Of the Senate has sole and absolute control OF tho
count and that tho House could be deprived OF Its
right TO pass upon this question Jointly with tho
Senate.
RxroRTEK-It has been hinted that tho House-to
defeat the declaration OF the Vice President and senate
IN Mr.. Hayes iavor-mght absent itsolf from the
. Judge MxRxDrrH-Neithcr body has tho right 10
withdraw and doica the counting OF the votes which
duty tho constitution makes imperative Such with
drawa by either body . BODY and refusal act ns
body, would be revolutionary, and the people, with
o ass
comes OF the law of Louisiana, which distinctly
thorizes the Returning Board TO reject the votes OF
any precinct or parish where fraud or Intimidation
have been practised?
THE LOUISIANA LAW UNCONSTITUTIONAL
Judge MEREDITH-l am decidedly OF the opinion that
this law is unconstitutional law which rejects the
voto OF whole precinct or parish because ono two
men have been intimidased or prevented from voting
deprives every who has legally voted Of his right
Of suffrage, and It also deprves every candidate who
has received these qualified votes which have been thus
rejected OF the benefit OF these which hc has
fairly received and to which he Is legally entitled
REPoRTER-0nly one question more. Judge. DO you
agree with Caleb Gushing that In thecasc Of afaurc Of
q count President Grant hcds over?
Judge MEREDITH-No, sir; | think that idea OF a
President holding under such circumstances has
never boen advanced before and has not shadow of
foundation. because the constitution clearly provides
that in OF failure OF the count TO result In
choice OF the President the House must elect
OPINIONS OF OHIO LAWYERS.
CINCINNATI, Nov. %, 1876
representative OF the HERALD called upon several
OF the leading lawyers OF Cincinnati TO learn their
views upon the existing state OF affairs in regard
choice, and he is able to give the
current legal opinions from those whom he met.
HON. HENRY srAxsBERRY
was tho FIRST called upon for bis opinion IN the