The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-14
THE ELECTORAL COMMISSION,
Argument Of the Louisiana Case.


WAsHMeToN, Feb. IL.
The electoral commission met at IL
o'clock. Judge Clifford said that the OBJ
jections to certificate, Nos. 1 and lHayes
electors would be heard for two hours,
and then objections to certificate No. 2
would be heard for two hours, and that
the commission was now ready to hear OBJ
iec!ions to the Arst named. A brief delay
was caused by slight illness of MIR. Thur
man, who came in later. Mr.. Mcdonald
proceeded to support the objections to the
receipt of the Hayes certificates, recapitu-
lating the objections presented in the house
yesterday. He quoted the statutes of
Louisiana, showing two sets of electoral
laws, one known as the act of 1868 which
was carried into the revised statutes of 1870
and the session act of 1870. The act of March
IA provided that the revised statutes should
go iuto effect on the first of April, 1870,
and that all acts of the present session in
conflict with the revised statutes should be
void. A grave question arose as to which
of the acts was 10 force at the close of the
session of 1870. If the provision named
stood as an act of the legislature, then the
act of 1868 was repealed by the session act of
1870. 1t was commonly held that the lat
est law repeslod the other, but this case
was peculiar, as while the laws we're being
revised the legislature was going on with
new enactments, and hence the act that re-
vised the statutes should not interfere with
the session acts Of 1870, although the re-
vised statutes went into operation after the
legislature adjourned. He maintained that
this act retained the act of 1868 in force.
H. next referred to the act of 1879, "To
regulate, conduct and to maintain the
freedom and purity of elections and to pre-
scribe mode, Of making returns thereto" "
1t provides tor the election of returning Of
ficers and defines their powers aud duties,
and prescribes the mode Of entering on the
rolls Of the senate and house Of representa-
lives, and to enforce article 100 of the con-
stitution. This act, he claimed, provided
for general elections, but made no pro-
vision for presidential electors. The re-
pealng clause of the act, section II, en-
phatically repealed the act of 1870, and
neither the act OF 1870 nor the act OF
1879 made provision for filling va.
caucics in the electoral colleges ex.
cept by elections. TIE law OF 1870
he claimed, repealed all prior laws,
md the act of 1872 repealed the act of 1870
There were two vacancies filled by the
election OF the same persons in this state
and this selection he held was void. Mr.
Med onald said in 1879 the vote of Louisi
ana had been rejected, because the return
ing board had not compiled with the law
The last election was grossly fraudulent
The returns of the proper officers wer'
thrown aside, and the reports of the super
visors of registration substituted, and ever
the people of sixty-nine polls disfranchseC
without one protest accompanying the re
turns The two houses of congress had al
ready taken steps to inquire into the legal
| ity of the election in Louisiana. The du
ties of the commission were judicial, no
merely clerical, and he conjured them &
carefully weigh the evidence in possession
of the two houses for which they were &C,
ing.
Mr.. jerks said by the act creating tn
commission it had been determined an
settled as fact that the two houses shout
count the votes. The duty TO count carrie
with it the necessary power to perform tn
act. This being embraced in the constitu
ton no legislative act could deprive ther
of the power TO do 30 intelligently. Tn
truth could not be cut out of the subjet
without defying the intelligence of tn
world. A partisan coloring had been give
to the count. 1t was not a partisan que
ton, but it was forty-fve millions of pei
pie saying to representatives, "You cour
for me-" They were prepared to sho
that the Hayes electors we're not elected
conformity with law. Would the evidenC
be accepted They would further sho
that certificate No. more nearly col
formed to law, and that it was lawful in a
essential points. He asserted as facts tn
the law required the election of electors /
popular vote, and that the Tilden electo
received a majority Of from 0 900 to 10, 90
He asserted that the result of the popul
vote had been been reversed by the exclu
ion of $4,000 Tilden vote aud 1000 Hay
votes. He proceeded to review the ele
l ton in parishes, taking as bvsis the tes
] mony before the house Louisiana commi
tee with the incidental claim that the ties
! mony was proper evidence. /
7 also alluded to the alleged inc
, gble electors and said counsel we
! prepared to prove their ineligibilit
They were, he said, further prepared
show that it was determined before I
result was known that if necessary tho
turning beard was prepared TO give I
= state TO Hayes, regardless of for whom I
u votes had been cast. In conclusion
il asked that the moral light of the univel
might be allowed to shine upon this trt
: saction and the nation be free from the '
/, act of this returning beard.
q After jerks argument Hurlburt follow
h on behalf of the republicans. He ma
"a tanned that there could be no question
y the fact that Kellogg was governor
" Louisiana. He had been elected by
votes of the people, returned by the pro-
f officers of the state and regala -'y induc
y into office, and when the rebellion,
r by McEnery, had overthrow the le
III government the president had used
power of the United States to put do
Mt the rebellion and restore this governme