The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-14
Proceedings Of the Electoral
Commission.
Argument on the Louisiana
Case.
Addresses of Messrs. Nc
Donald, jerks and
Carpenter.

| fifteen minutes, the Senator arrived.
Ten minutes later the argument was be.
gun by Senator Mcdonald, who sup
| ported the objections to the Hayes and
| Wheeler certificates from Louisiana.
Mr.. Mcdonald referred TO pre-
vious Congressional action and laws to
show that the Returning Board had no
power to look into the irregularities at
the election unless the proper foundation
is laid by the statements OF the Supervi-
sors or Commissioners of the election or
other proper atfidahts. In the election Of
1872, the vote of Loulsians had been
rejected because the Returning Board
had not complied with the law, and they
now proposed TO show that the law had
no. seen complied with in the present
case. a majority had been returned in
one way, and that II ajority had been re-
versed by this board through acutusl
fraud. They had thrown aside the returns
sent them by proper officers, and had
taken the reports OF the supervisors Of
registration in their place, but even these
they did not follow at all times. The
people of sixty.nine polls had been
dstrauchised.
Mr.. Thurman asked how many of
these returns had been accompanied by
protests.
Mr.. Mcdonald replied that not one
protest had accompanied the leturns
IRON these sIxty.nine polling places.
The two houses OF Congress had
already taken steps to inquire into the
legality of the election in Louisiana, and
he maintained that the Commission pos
sessing the powers OF the two houses had
right to, and it was their duty TO Con-
slider the information in the possession Of
the two houses. Their duties were
judicial, not merely clerical, and he con-
iured them to carefully weigh the evil
dence in the possession of the two houses
for which they were acting.
MIR. jerks said they were prepared to
show that the Hayes electors were not
elected in conformity with law. Would
the evidence be accepted? He woald
further show that certificate No. more
nearly couformed to the law; that it WAS
lawful in al! essential points. Should
the clause, the Governor shall certify"
override the constitutional provision as
10 the mode of choice, and the legislative
enactment as 10 the time of holding the
election. If so they would show that
fraud was conr ected with that certificate
and the Governor who issued the certit-
cate was a party TO the fraud. He as
serted rs facts that the Jaw required the
election OF electors by popular vote, and
thst the Tiiden electors had received q
majority OF from nine TO ten thousand
votes. He proceeded to review the elec-
;ion in TIE several parishes, taking as a
basis OF facts the testimony before the
House Louisiana investigating commit
tee, with the incidental claim that
this testimony was proper evidence
to be considered by the Commission.
He clsimed that the supervisors OF cleo
tions had thrown out large number OF
votes without shadow OF authority.
Gong over the returns parish by parish,
he in each case asserted evidences OF
fraud aud irregularity, declaring his
readiness TO show the same by the evil
dence now in the possession OF the House
and before the Commission. They were
further prepared TO show that Levissee
and Brewster were Ineligible, the former
holding u position rs commissioner, ap-
pointed BY the Circuit Court and Brew
s,er ss surveyor of lana district, and he
maintained that the c ause of the Consti-
tH;ion extended rot only TO offices
but 70 acts. They would further prove
that under the Constitution OF Louis
lana. which prohibits any person from
holding two offices, three others
were disqualified, viz: Jofrien, Marks
and BrCg, who were respectively
Supervisor of Election, District
Attorney and State Senator a. the
time of the election. They were, he said,
further prepared 10 show that it was de-
termined before the result was known,
if necessary 20 effect the result, the Re
turning Board Was prepared 70 give the
States to Hayes regardless Of for whom
the votes had been cast, IL conclusion be
asked that the moral light Of the universe
nigh: be allowed 10 shine upon this
transaction. snd the nation be free from
the vile set OF this Returning Board.
Mr. Hurlbut said the Commission, he
spprehended, stood IN the composition OF
8 committee appointed By the two houses
for lis convenience, to perform certsin
duties, and their Jurisdiction wss defined
by certain well established laws. he
maintained that there could be no ques-
,iop OF the fact thst Wiilism z. Kellogg
WAS sovernor OF the State OF Louisiana,
he hsd been elected by the votes Of the
people. returned by the proper officers o:
the Stste. and regularly iaductes 10 the
Office, snd when the rebellion BY Nc
Enry hsd ove.throsG the legal gov
eminent. the Pre>iden! hsd used
the power of the United Sistes 20 put
down rebellion ard restore this govern
ment. and the Senate had By solemn
resolution recognized and approved the
action Of the President The House OF
Representatives nsd also adopted reselu-
,ion bv vote Q; / 65 - go, declaring ths;
Kellogg should De recognized Is Gov
ernor OF the Stste OF Louisiana 70 the
end of the term of office The Legislature
Of Louisisns hsd also agreed ihst the
term o. office Of keIiegs should not De
interfcred with during the term for
which ne was elected, and Until bis
successor had been Quslifet. II i; De true
that Kellogg Was Governor on the 6tn OF
November, il was msniiestly true
TIA. McEnery WAS no; He hsd Of his
own will retired from the coates. n
1874. snd hai not tried 20 discharge
any OF the duties Of office up 10 this time.
The certificates given By him were irreg-
ulsr from necessity, be had lot any Of
fee where the returns could be made, and
he hsd no Secretary Of State 70 GER
tify 10 his signature.
Mr.. Hurlbu, argued Al length sgxins:
the admission of evidence and gong be-
hind the face Of The returns. He de-
clsred ,hat the Returning Board wss .
less! body. and It's decision fnsl. The
Supreme Court OF the State itself - re-
sards is own legal election, nas decided