The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-02-21
The Louisiana Case.

tiiicateS. Numerous propositions were
made to take various kinds of evidence,
but all We're rejected by a vote of s t Z.
commissioners Payne moved to allow
counsel one hours time, but counsel de-
clincd, and the commission resumed its
secret session, with q view of reaching d
final decision Tonight.
The following arc the resolutions acted
upon by the commission:
Mr.. Hoar submitted the following:
Ordered, That the evidence be not re-
ccived.
Mr.. Abbot offered the following as &
substitute:
Resolved, That evidence be received tc
show that so mucl, OF the act of Louis.
lana establishing the returning board fol
that State is unconstitutional, and the acts
OF the said returning board old
The vote was as follows: Yeas
Mcssrs. Abbott, Bayard, Clifford, field
Hunton, Payne and Thurman-7. Nays
,-MeSsrs. Bradley, Edmunds, Freling-
huyson, Garfield, Hoar, Miller, Morton
and Strong.
Mr.. Abbott offered a further substitute
as follows:
Resolved, That evidence will be recciv.
cd to show that the returning bo?rd Of
Louisiana, at the time of ~canvassing anc
compiling the of the State, was no
legally constituted under the law cstab'
fishing it, in this, that it was composed ot
four persons of one political party, i'll
stead of five person, Of different parties
Rejected by the same vote.
Mr.. Abbott then offered another sub
~stitutc, as FLOWS:
Resolved, That tho commission will re-
ccive testimony on the subject of tlt
frauds alleged in the specification o
counsel for the DIRECTORS to certificates
and 3.
Rejected by the same vote.
Mr.. Abbott then offered a fourth sub
~stitute, as follows:
Resolved, That the testimony tending
to show that the so-called returning
board of Louisiana had 10 jurisdiction t.
canvass the votes for electors for PreSl
dent and Vice President is admissible.
Rejected by the am vote.
Mr.. Abbott offered Il fifth substitute, a
follows, which Wa rejected by the SAINT
vote:
| Resolved, That evidence is admissible
that tho statements and atlidavitS pur'
porting to have been made and forwarded
to said returning board in pur
suanco of the provisions of section 26 O
the election law of 1872, alleging riot, tn
mutt, intimidation and violence at OF
near certain polling parishes were false
fabricated and forged by certain disrepu
table persons, under the direction ant
knowledge OF the said returning board
that said returning board, knowing thu
said statements and atfidavits to be false
and forged, and that none Of such state
ments and atfidavits were made in thu
manner or form, or within the time re
CURED by law, knowingly, wilfully ant
~fraudulcntly did fail and refuse to canvass
or compile moro than 10000 votes cast, a,
is shown by the statement of the votes o
the commissioners Of election.
Mr.. Hunton offered the sixth Substi
tute. as follows:
Resolved, That evidence be received II
provo that the votes cast and given a
the said election OH tie eth Of November
last, as shown by the return made by thu
commissioners of election for the sale
polls and voting places in said State, have
never been compiled nor canvassed, anC
that tho said returning board never ever
pretended to compile or nvas the re
turns by said commissioners of election
but that said returning board only pre-"
tended to canvass the returns made by
the Stale supervisors Of registration.
Rejected by the same vote.
\ seventh substitute was offered by Mr.,
Bayard, as follows:
Resolved, that no person holding an of.
flee Of TRUST or profit under the United
States is eligible to be appointed III cleo
tor, and that this commission will receive
evidence tending to prove said clligibili.
ty, as offered by counsel for objection to
certificates Nos. l and 5.
Rejected by the same vote.
Mr.. Justice Field offered the eighth
and last substitute, as follows:
Resolved, That, in the opinion OF the
commission, evidence is admissible upon
the several matters which the counsel for
objections to numbers l and 3 offered to
prove.
This was also rejected by the same vote,
and the question on the original order
submitted by Mr.. Hoar caine up, viz.
That the evidence offered be not received
Mr.. Payne moved to strike Out tho
word mot" Rejected by the SAM vote.
The vote on the original order was then
taken, and it was adopted by the follow
ing votes: Yeas---Mcssrs. Bradley, Ed
munds, Frelinghuysen, Garfield, Hoar,
Miller, Morton and Strong---S. Nays
Mcssrs. Abbott, Bayard, Clifford, Field,
Hunton, Payne and Thurman---7.
After the conclusion had been reached
by the commission, counsel were admit.
ted, and the above resolutions were read
by the Secretary. The commission is
now in secret session. There is little
doubt Of the result.
Immediately after the doors were clos
ed, Mr.. Morton submitted a resolution
declaring that tho votes of the Hayes and
Wheeler electors of Louisiana should be
counted, and assigning reasons there
for, which are understood to also cover
the cases of Oregon and South Carolina,
His resolution was adopted by Il vote Of
to Z.
Justices Miller and Bradley and Repre-
sentative Abbott were then appointed q
committee to draft a report for p~rcsenta'
ton to Congress, and at 6.l5 the commits
sion took q recess to 7 o'clock.