The New York herald., 1877-02-15

act Of 1872 did repeal the Of 1868 that regard
he said that II did IT at all that it
uDsurd,y To hold that express purpose OF the
stituton which had been carried by federal legsa
ton, supplemented by State legislation could bo de-
;ented by giving violent construction 10 u clause
which had abundance OF other matter 10 feed upon
without being applied TO the case OF Presidential cleo
lions.
Sir. Hoar suggested to Mr. Stoughton that IL was
hardly worth wnic for him to spend in the
doavor TO satisfy the commission on that point.
Mr.. Stoughton acted on the suggestion and passed
to other points Coming In the course OF his arru.
men To The objection made To the Returning Board Of
LOUISIANA for not having filled the vacancy In tho
Board, no said that the law the subject merely
directory and that failure 10 obey the law did
not interfere IN any manner with the capacity
or jurisdiction OF the Board II Two OF the Ave
members had heen democrats aud had afterward
changed their politics would the Board he asked cease
10 eyst on that account He stated the problem which
had presented itself to be solved IN Louisiana BY the
democratic party being that IN forty parishes about
which there was no dispute, there was republican
seventeen parishes there 20 323 colored voters
registered and To- 253 wnitc votes How that proo
lem TO be solvcdg The records OF these parishes
showed that the problem had been sought to be solved
by bloody hands.
Iu conclusion, be id:--raik TO me about outrage.,
frauds and the disfranch scmen OF voers There arc
two sides 10 the question, and II you sit here TO 20
back and canvass the votes you sit here TO administer
the laws OF Louisiana, and you must administer them
by learning who have been disiranchscd and what was
the lawful voto OF that State IN harmony with her
laws, and not IN harmony with the Will of party.
MI SneIlaDargcr tOIoWcd on the republican sido,
reviewing the laws OF Louisiana and claiming that
under them the Returning Board had the powcr to
tho vote. He argued that the section in the
law providing Tor tho filing OF vacancies merely
directory, and fnoncomplancc with 1t. while was to.
be condemned did not go the jurisdiction of the
Board. Ho iurther argued that tho action OF the
Board not judicial but illustrative ana cited
precedent support OF this view He closed by ref
ercncc to the murders and outragcs which had been
perpetrated in Louisiana
The commission then adjourned unit, TO- morrow.
SENATOR SHERMAN'S VIEWS.
Senator Sherman, who is at present sojourn.ng for
few days New York. good enough to express
quito freely his views upon tho Presidential question
last night to tho writer. Tho Senator has no
doubt that Louisiana must bc counted for the
republicans. Tho question Is only being tried now
on merely technical grounds before tho commission.
II there timc enough to admit OF the whole mat
being opened up and tried upon tho radical merits
Of it, the case Of the republicans would even better
than at present II would be tho best thing that
could happen for the republicans to havo the
whole issue. opened up on its broad merits.
There could be no doubt In any mans mindno one Of
responsibility In Louisiana denedthat there had been
tho barcaced intimidation IN parts OF tho
State. This clearly proved to the entire satisac
ton of tho committee Of which Senator
Sherman WINS member; and Mr. Hewitt's
committee was also obliged to acknowledge
this unfortunate TACT. The roo pages Of evidence
1000 OF which were taken by tho dcmocrats-could
not but the most sceptical partisan that
tho Returning Board was justified and perfectly so,
In throwing out the number OF votes watch tncy did.
There tc doubt but the in Congress
will decide that tho Returning Board was so justified
THE DEMOCRATS WILL NOT CAUSE DELAY.
II does appear that the democrats will resort to
questionable expedient as that OF putting obstacles
In the way OF speedy count by trying to waste
time unnecessarily. Such course would not
servo them in any sense. Tho senator said that
from its inception he was opposed TO the idea OF
calling into existence such n commission as that
which counting the Presidential vote, but now
that u has become law ho would cheerully support
IT, Tho democrats are all committed by their past
which they themselves clamored 80 loudly tor and,
now that they have got It, they must stand by what
count Tse palpable in,m idation employed in
louisiana especially in i've particular parishes, whore,
at over seventy polling districts. voters were pract
cay kept from using the franchise in accordance with
thor conviction, appears TO be part OF long and
well matured plan 10 give the State vote in favor OF
Tlden
South Carolina Is by the democrats themselves nd.
mttcd TO have returned the Hayes electors. IL does
not matter how the be counted, Hayes como
In w,nncr II oil tho aots which be uted
the republic ans will come out with majority OF 700.
Wade Hampton has been elected to tho Govcrnorship
OREGON ALSO FOR THE REPUBLICANS.
The Oregon case ~ question OF technical inter
probation OF tho law Ii Governor Grover has the
power to behind tho lace OF the pcopes vOte then
his action may be but he cannot do this.
neither he deprive tho State OF Oregon from cast
ing her electoral vote in avor OF that ddate whose
electors received the greatest number OF ballots The
democrats cannot defend Ia Oregon principle which
they repudiate in Louisiana
There to be little doubt that the whole ques-
tion will be amicaby aud peacefully settled before the
4th day OF next month. In any case, even II IL
unfortunately should not, the Senate will, In ac-
cordance with the clearly laid down provisions
of tho constitution, choose, a President who will
Tor the time being act as President until the whole
question go back to the people Tor their decision.
The term OF General Grant expires on the Sd of March,
and he Will not hold over his ofco for single hour
after that time.