New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-14
THE TRIBUNALS PROCEEDINGS.
Mr.. McDONALD's ADDRESS.

| WASHINGTON Feb. I3-The Electoral Conn
mission convened IL III. to-day TO hear the Argyll
ment in the Of louisiana All the members were in
their places early with exception Of Senator Thur
man. whose prolonged absence rendered necessary 70
proceed without him. The session began with the read
ing of the minutes Of the previous session At the con-
cluson Mr.. Justice Clifford announced that discussion
would be the three certificates before the Commission
under objection. Objections TO numbers one and three
would be heard. Senator Mcdonald begged for de
lay until Mr. Thurman arrived. Senator Edmunds said
there only 16 working days left and the Commits
ought not to delay. messenger sent for Mr.
Thurman, and brought word that he suffering with
neuralgia, but would be in during the day. The Com
mission resolved proceed senator Mcdonald then
addressed Commission in opposition 10 the Hayes
certificates. He spoke TO the following effect:
The certificates announced by the President s first
under consideration embrace The electoral votes east for
ay es for President and Wheeler Tor III
the evidences contained III these ceruncates are me
evidences provided for the Constitution then they are
for in the Constitution they must have been east by
electors who peent and who have been appointed
electors in the prescribed by the Legislature Of
tho state rhc objections that made to the evil
dences embraced in these certificates are FIRST that me
ment: second that they were fraudulenty returned by
officers In rusted with the canvass and return OF ne
CONSTITUTIONS fourth, that others OF them were DIS
qualified from acting by the Constitution and laws Of inc
ment the state Of Louisiana did not have governments
The legislative session laws Of 1868 enarted special
law for the appointment Of Presidential electors aud
this special Law reenacted In the Revised Code OK
1870 This specifically provides for the appointment
OF Presidential electors By popular vote IL also pro-
vote Ii will be seen by 1928 that immediately
after the receipt OF the return from each parish on Tho
fourth Monday OF November, II the return shall not
arrive the Governor in the presence Of the sccre
tary OF state, the Attorney and District judge OK
the district in which the seat OF Government may DO
established, any two Of them shall examine the re-
turns ascertain thererom the who have been
duly elected BY the first section Of this act the
elections provided for in IL are styled the general eec-
tons Of State Section 80 specifically provides for
the election of Presidential electors That section Is ~
| follows 49,. A.. -, =, la 10. ,..
e,ec aS Of resident and vesPredsnt d The Tinted
states :nch election sa De ne On 1ne In
Congress of the United states approved jan
Quoted and the returns thereof The and form
You see Il says not merely the shall be held
and conducted and returns made, but the returns sean
general elections The repealing section of this act,
which is the s5th section, reads a. follows; That all
are hereby repealed this shall take effect from
and after It's To t t5s . soe Ssst
10 have been enacted or recognized AT the same
wsrd into the code Of 1870 and the session Of 1870
BY the enactng clause attached TO the code me pro.
visions of code take effect on the LIST day or
April 1870 aud this after the close Of 1870 at which
this general law passed. and 10 meet any questions
that might arise a conflict between the session
acts OF 1870 and the provisions omitted in the code, an
other act passed the one TO which the eentenan
from Ncw-York called the attention OF the court Ih:s
is entitled An act giving precedence In authority
all the other acts and joint resolutions passed by the
General Assembly session the acts known as
OF the statutes OF the civil code and code or
practice when there exists any conflict ~ the PROVISIONS
OF the said acts
Mr. Mcdonald declared that the effect OF this law
to enact he 1850 in the law OF 1870 and that
the election IN 1872 took place under the law OF 1870,
and under that OF 1863 He then called attention to
new act passed Nov 90 1872. IL is entitled An act
to regulate and conduct and to maintain the freedom
and purity Of election prescribe the mode Of making
returns thereof provide for the election Of the return
ing officers and defining their powers and duties, TO
prescribe the mode Of entering the roll OF the Senate
and House OF Representatives. and 20 enforce Article
1O3 OF the Constitution" Mr.. Mcdonald continued
The Section, which is the repeating clause II
follows:
others the subject OF election law be and the same are
This uquestionably repealed the Session of 1870
You will by comparing this act with the Of 1870
that while Ia Presidential electors and their a
Tor their election appointment. Nowhere in the
act Of 1870, or in the acts OF 1872 aud
whatever for ding vacancies in the Electoral Colleges
effss s u for Him vacancrs OF mi. c exeepi NV
popular election. Now simply place these statutes be-
your HonOrs for your duo consideration and shah
further undertake 10 discuss their bearings at
present.
FRAUDULENT CANVASS
Now as the fact that the officers in charge OF the
administration of the laws the OF Louisiana with
respect her elections did hold the election under the
act OF 1872, propose consider in what they
held for charge that these persons who have
dertaken TO cast the votes under
sideration fraudulently returned by the off,
| GERS intrusted with the Of the votes.
First. the constitution OF this board The law
that five persons tO be elected by the Senate iIo
all political parties shall be the returning officers. la
ease any by death resignation, otherwise
III either the board then the vacancies shall be filed
by the residue OF tile board Of returning officers Here
organized with powers the election ~
all elections is made perpetual with power within itst
| 10 effect that perpetuty. when established the
power out from the state authorities
people from all popular control into the hands OF these
| men, and they continue on, Oh, on forever.
Mr. Mcdonald quoted from the report OF the senate
Committee Privileges and Elections, Feb 10. ls7J.
and the Wheeler report to the House Feb - 1875 aid
from the law TO show the powers OF the board in rea-
ton the of the The point he made
was that afidavits which action against the return
from poll is taken must the Returning Board
along with the return, and be made by
| ers OF Election or Supervisors OF Registration.
Commissioner Thurman-Is there any evidence Aefora
that they threw out returns that not
| panied by certincatesf
senator MeDonald-I shall call the attention Of ia
| Commission before I through 70 what claim "a 10
evidence upon that subject Now then what do We po.
pose show regard 10 the action Of this Returning
Board. From the votes actually late eleel
the appointment Of electors IL Louisiana the Drrs
cratic electors received maortes ranging from $500 20
$500 the face Of tho returls A. returned BY Iho