The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-16
LIT. y EVIDENCE REQUIRED.

LITT,.E EVIDENCE REQUIRED.
To make up full and complete equity
case for Louisiana before the High
Commission, it is not essential. as
many persons imagine. that the evil
dence collected by the Congressional
Committees should be placed before
the Tribunal, nor that there should be
taken any evidence Of the facts rela-
tive TO the election preceding tho re-
turns OF the commissioners and super
visors. Excluding all such evidence.
or rather declining the consideration
thereof, the case OF Louisiana can
afford to stand upon such facts as can
be presented on authenticated docu-
innents and admissions Of both parties.
From these can be educed. as is often
done by stipulation between the law
yers Id courts OF equity. statements
wherein both parties agree upon the
main facts to be considered.
Such a statement OF the Louisiana
case would include the following adj
united facts and documentary proofs:
i. That a majority of over eight thou
sand votes was cast In this State and
returned by the supervisors OF election
for the Tilden electors.
This has been admitted by the Re-
turning Board, and. In fact. 1t is as
sumed as the basis OF their claim to in
validate and annul at least thirteen
thousand OF the votes cast, on the ground
of intimidation.
q. The next fact to be presented to
the Tribunal bearing on the main issue.
and essential to the consideration OF
the equity OF our case is, that, under
the law, the alleged proofs Of intimida-
tion must be contained in or annexed
TO the statements and reports OF the
supervisors. The two points arising
from these proofs to be determined by
the Tribunal would be. whether it is
constitutional, lawful or equitable to
make this change and reversal Of votes
actually cast on any such grounds as are
alleged, and ii such power could be
exercised by the Returning Board,
whether 1t could be lawfully exercised
upon evidence ali,t,ade-to use the ex-
preston OF the High Commissioner
outside or the reports and statements Of
Supervisors and Commissioners and in
the absence Of such statements.
The other points in our case are
Iucidly stated in the objections filed
w Senator Mcdonald. The points we
have adduced embody and present in a
definite form the great equity OF our
case; those presented by Senator Nc
Donald rest upon the simple fact that
q large majority Of the votes cast were
given for the Tilden electors.
1t is not pretended that these votes
were per Sc illegal or fraudulent. It is
only claimed that q large number Of
certain polls. and that by reason thereof
d result was reached which would net
have been reached il the alleged intimi-
dated voters had been permitted to cast
votes according to their inclination. In
other words, the votes Of eight thou
sand citizens must be annnlled and set
aside because several thousand
Others are presumed to have been
prevented from voting by intimidation,
SO presumed upon the flimsy er parte
evidence laid before the Returning
Board. Can any such proposition be
recognized or approved by any tribunal
in the world, actuated by the least re-
gard for the constitution, for reason
and for republican rightss This is the
proposition which must be passed on by
the Tribunal. There could be nothing
more dishenorable, or treacherous and
faithless to truth, honor ana the fair
fame of the Republic than for a tri.
bunal composed as the Electoral Com
mission is, and established for the OBJ
jects which are plainly expressed in the
act creating it, to shirk or evade the
determination of this question upon the
thin techniealities set up by the con
snirators who have concocted this great
scheme Of fraud upon the State and
people Of Louisiana. and sacrilegiousiy
trified With tho dearest political rights
& more than forty millions q Annerl;
Qans.