New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-14
MR.. HURLBUT REPLIES.
KELLoGG's CERTIFICATE LEGAL.

from Louisiana He said two were open to him
attack the McEncry electors uphold Keoggs APP
poiutees He chose the latter course and argued ~ to
the legality Of Kcoeg's official acts compared with
those Of McEnery, which are Illegal He said:
Fortunately there is an abundance Of proof upon that
question There is no Governor That has ned once ID
by proof his existence Governor by the Tact OF the
election by the fact OF the declaration Of that election by
counting Of he votes by the only Legal Lssislatrs
OF the state by the fact OF The entrance into once under
anee Of tho system which prevailed in that
S Ksoss Back IN he seat S s which he had
thrown The record does not end here The Senate for
mails approyed The acton Of ,e rresI hS re
solution by which il done that nothing IN Thai reso
de jnrc Governor OF louisiana and that aD.onnest
was rejected by n vote OF the senate. ~! i.o
House has alse taken some action on thls
matter The Louisiana committee which has been re-
by Mr. jerks his argument reported re;o-
Governor of the state OF Louisiana until tho end Of the
term Office fixed by the Constitution OF that state
Further the award OF tho Wherler committee
toned by the Legislature OF louisiana which passed
OF William Pitt Kellogg. during the limo for winch he
had elected and until his successor should he a-
pointed should not IN any way be ntcrrered WIN oy
that lie gislature oi the STATE. 49,,
Now / VIII come back. first. TO the question OF hs
N IS79 The contest between JOnn NE
Emery and VIM. Pitt Kellogg tor Governor. Gov War
moth. who undertook 10 manipulate more things man ,e
could carry, endeayoled to conplicato ina mattcr ny
breaking up tho legal board Of returning officers whle
|
creatures of his own chat in fact tho election OF
1872 there conflicting boards OF returning ON
GERS OF eccop-One Of them known rs tic iynth Beard
and the other former hoard Now the count OF the
state Louisiana has settled that question: ie ei-
prelne Court adudged that the Board or Returning
Officers, composed, etc, etc. was tho legal k1tn,iS
Board Of the officers Of election in louisiana" AID tia!
was board by whose certificate or occuOn kel"Es
No If II be true that William Pitt Kellogg was Gov
ernor or the OF Louisiana the ON of DcrrlnDer,
1876. mancsty true that John McEnery was not
and whatever virtue value in tho way or evdect tS
Co,, na
must given TO tEo Governor who. by election rceogri-
0 e a , governor ard not to mere rftender who
retired that contest by his own will IN 1874 ana
has not in any way undertaken 10 assert or exercise
any possible control over the occ of Governor OF that
state from that day to this , - =,
Again, call the attention Of the Commission TO the
peculiar wording of the certificate given by McEhorY:
lie careful asfar as he could he nos toeommit nnsr
to a statement OF essential fact a. aRpearinGby evidence
This is u icate that the following Is trlo ana
correct list of the names OF he electors Of President ana
Vce-President OF tie United states Tor inc next rnsilg
regular of the regular offices thereof beng inc
electors duly and legally appointed by ana Tor ihe
STATE OF Louisiana, having eseh received a ma
jority of votes cast for electors Ii IN,
in accordance with law this certificate being furnished
directed by law by the executive authority or TIE siat
Known 10 the law which ne derives his recognition
There reference 10 any return on Me III his office
secretary VI state He had man In all Louisiana Who
would forward and veriy the seal OF ihe stt- and
cinor so and Secretary Of state
THE RETURNING BOARD FINAL.
Mr. Hurbut stopped fer moment Ia consider Tie
Jurisdiction He denied its authority
70 review the election in Louisiana and bebi1d re-
turns On this point he used some OF the arguments Of
Stanley Matthews the FlOId, with reference TO
oto :oaTQ,0 and to ali processes ~ an election moving
constantly forward. lie said on this general subject:
Az laws reflect the condition of society THUS IN Lo-
s,n1 the election process, instead ~ beginning from
the bottom and coming NJ, begins from The top. There
is not IN tha community difusei education. Above all
hH4s there Is not that reverence f1r law when permit
trusting local neghborhOOds with this POWER and 80 IN
recognition Of that fact IN recognition OF ne fact
that from the beginning IN mat h9S' m
fortunate State there las been armed, DELHI
deliberate, settled persistent resolution I" cru'h ont bj
yio nee ana all those things ~ matter what they
which stood III lhe way Of tnr part! uat 5on4h 70
itself dominant ty force WIN u was nnl dominant
by numbers and TINS the legislature commenced il
inp of Tie Governor ana certain officers AMI using
iAdgc for III pose OF determining tAeAO 1tt, o. N
me history OF that country. Now, Then, HAVING
constituted them udges teY maze ihtm TIE inal judge
and o;ly tribunal which has tAe right 10 give pTtaa
Snc,r cerlca,c of for all elections held in the
state, and the question ervcy resolves isrf hlck TO
aron held Within the state OF Louisiana II il was
Now the election Of electors in Louisiana stands upon
me eject Of statutes that claimed repeal
fhe one or the other the first question Il
10 what tie probable intent aud mtaning OF
the Legislature 20 man pTeemts tlat II
MA, the probable intent and meaning pari0,o OF the
Legislature II Louisiana to repeal the n t oi t'c people
t0 east their votes electors for President AMI Vice
President. Wnyi Because II ~ inconsistent win tho
actual state Of tln@ that has prevailed Hnr" thai time;
Tor fbere tas been Presidential held mai
in 1872, and held by I'll; same process OF yolng
election held in 1876, and that. held in the
aan i6e chnce Sf ,a people in t mattel
ofappontncnt ELECTORS, that The construction 10 be
the theory Of repeal Besides there III
great principle Of interpretation that laws repeal only
so much Of preceding law Is nconslseni with the
one 10 enacted, and hence il mas been he'd III practice
IN Louisiana. and undoubtedly is the clear Law ot the
lttusn ri nf rsafu
turning Board only mtcreicd with the act i'll regard TO
Presidential electors far do with The special
tribunal provided nndcr that pTor act, and submit
that election and all other elections held IN that state to
hc artrancD ard determination Of this board OF re-
turning officers.
Now nay perhaps be pardoncd in saying that what
ever may be the Amplitude Of the power committed by
these under the will II the people Of Louisiana.
board OF returning officers whatever may b. the
portland can i-Of giving large jurisdiction
10 any board that the thing which behind ana
cause OF it, the cause Of tho enactment. is infinitely
worse and deserves the condemnation Of every who
loves MS country and believes in the rights of the
down-,rodden and the oppressed. For ! say here,
from some knowledge OF the facts and
close investigation, that the history Of Louisiana
since the reeonsirusoD ha. been nothing more
existing law by force; that the old AngloSxon method,
never TO have entered INTO the imagination OF hat
bot-headed. rash. and imperlOus peOp.e; they have
adopted rather the Latin form tbat Their neghDorhood To
luton, followed up by forced loans upon tho com,
aud ire ar armed force III breaking down that which
the Constitution and the laws give TO tho people OF that
This board with all ts powers came to exist
ence in view Of all their circumstances.
Now the mode in which that board may have dis
charged IFS duties the details If please Of the Yarl-
Gus steps which they took to acGuant themselves win
the condition OF this pirshs these Things arc evil
dence alindi outside and the simple and direct propo-
sfiOn ado by the directors upon the Oher size
is that this Commission shall resolve Itself into
tribunal TO try tho question OF who did vote
nDd who did vote yOnder in every poll III
Louisiana. You cannot do Justice without. You
cannot rest upon pare testimony taken by the Con
gressional for although have the honor 10
he member of one branch Of Congress my experience
is simply this that all tribunals. pretended tri
bnnals that ever gotten up by the pcrversc in
Df