Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-02-23


gated. The whole matter of selecting
electors, determining the mode and issu-
ing certificates belonged to the State.
1t was for the Federal Government to
count the votes after they had left the
State. This body had the power Of the
two houses TO count the vote-the power
granted to those bodies by the Constitu-
tion-but not the power of legislation.
In regard to the ineligibility of Brews-
ter and Levisee, Mr.. Evarts said the
statute prescribed that absentees should
be waited for until four o'clock, when, if
they did not appear, the vacancies were
to be filled by the remaining electors.
These gentlemen did not appear, and
the vacancies were declared and filled by
the selection of the same men. 1t was
to fill the vacancy that their title to the
Office was to be judged.
Mr. Evarts argued against the author
ity of Congress to interfere in the affairs
of a State and denounced it as mon
strous proposition that Congress could
sft and sift, discard discount and de-
stroy an election in State. AS to the
claim of the McEnery electors, he said
that, acting without color or show of
authority, neither McEnery nor the
electors having been inducted into office,
their action was wholly void, and cited
numerous authorities in support of this
proposition.
In reply to the argument that, there
being two ineligib es, but six electors
were elected, and hence there were va
cancies in the other two cases, Mr..
Evarts contended that there could be no
such thing as a vacancy. There was no
evidence offered that touched the point
of Federal disqualification, and if there
was it would be inadmissible.
Judge Campbell closed the argument
for the Democrats. He argued that the
commission had power to deal with the
Returning Board certificates and power
to look into every act of the Legislature,
and if that Legislature contravened the
principles that lie at the foundation of
American liberty they should reject the
votes. He called attention to the oath
the board were required to take, ana
said they (the Democrats) offered to
prove that the board never canvassed
and compiled a single return made by the
Election Commissioner. Mr.. Campbell
spoke of the issuing of warrants by the
| Circuit Court for upward of 10000 in
habitants of New Orleans for having
falsely registered, and said they en-
braced some of the most respectable men
in the city. He said there were 10000
lies sworn to to procure those warrants.
The affidavits were made by two police
men. In concluding Mr. Campbell argued
against the legality of the Returning
Board, saying the Legislature had said
ch ho nd
had refused to fill the vacancy because
of a fraudulent purpose. 1t rendered
them incompetent to perform further
acts.
This concluded the discussion, and
the commission held short private con-
ference and adjourned.
WASHINGTON, Feb. 16.
The commission was in secret session
until five o'clock this afternoon, when
the counsel were sent for and informed
that decision had been reached. The
! following are the resolutions acted upon
| by the commission in their secret session
as reported to the counsel:
Mr.. Hoar submitted the following:
Ordered, That evidence be not received.
Mr.. Abbott offered the following as a
substitute:
ResolUed, That evidence be received to show
| that much of the act of Louisiana establishing
the Returning Board for that State Is unconstltu-
| tional and the acts Of said Returning Board are
| null and void.
Rejected, by the following vote:
YedS-Abbott, Bayard, Clifford Field Hunton,
| Payne and Thurman.
NdyS-Bradley. Edmunds, Frelinghuysen, Gar
field, Hoar, Miller, Morton and Strong-s.
Mr.. Abbott offered another substitute:
That evidence will be received to show that the
Returning Board of Louisiana, at the time Of can
| vassing and compiling the vote of that State at
| the last election in that State, was not legally
constituted under the law establishing it. in this,
| that it was composed of four persons of one po-
| litica party instead Of five persons OF different
parties.
Rejected by the same vote. Mr.. Abbott
offered another substitute:
ResoEUed, That the commission will receive
testimony on the subject OF frauds alleged in the
| specification of the counsel for the Objectors to
| certificates one and three.
Rejected by the same vote. Mr.. Abbott
offered fourth substitute:
ReSolUed, That testimony tending 10 show that
the so-called Returning Board of Louisiana had
| no Jurisdiction to canvass the votes for electors
for President and Vice-President is admissible.
Rejected by the same vote. Mr.. Abbott
offered fifth substitute:
| Res0lUed, That evidence is admissible that the
statements and affidavits purporting 10 have been
made and forwarded to said Returning Board in
pursuance OF the provisions OF Sec 20 OF tn Elec-
tion law OF 1872, alleging riot tumult, intimida-
tion and violence at or near certain polls and in
| certain parishes. were false and fabricated and
| forged by certain dsreputable persons under the
| direction and knowledge of said Returning
Board; that said board, knowing said statements
and afiidayits to be false and forged, and that
none OF such statements and aiidavlts were made
in the manner or form or within the time re-
quired by law. did knowingly, willfuly and
fraudulenty fail and refuse to canvass or compile
more than 10000 votes cast, as is shown by the
| Commissioners OF Election.
Rejected by the same vote. Mr.. Hun
ton offered a sixth substitute:
Resolyed. That evidence be received 10 prove
that the votes cast and given at said election on
Nov. 2, as shown by the returns made by the Com
missioners OF Election for said polls and voting
places in said State, have never been complied
nor canvassed, and that said Returning Board
never even pretended to compile or canvass re-
turns by said Commissioners Of Election but that
said Returning Board only pretended to canvass
returns made by the State Supervisors OF Regis
tratiOn.
Rejected by the same vote. Aseventh
substitute was offered by Mr.. Bayard;
ResoIUed, That no person holding an office of
trust or profit under the United States is eligible
to be appointed an elector, and that this commits
sion will receive evidence tending to prove said
inegblity, as offered by counsel for the OBJ
jectOrs to certificates Nos. and 8.
Rejected by the same vote. Justice
Field offered The eighth and last substi-
tute;
Rssolued, That In the opinion of the commits
sion evidence is admissible upon the several mat
ters which the counsel for the objectors to Ger
tihcates Nos. and offered to prove.
Rejected by the same vote, and the
question on the original order, submitted
by Mr.. Hoar, came up, viz: That the
/, evidence offered be not received Mr.
Payne moved to strike out the word
mot" Rejected by the same vote. The
vote on the original order was theT
taken, and it was adopted by the follow
ing vote:
Yeds-Bradley Edmunds, Frelnghuysen, Gar
field, Hoar, Miller. Morton and Strong-S,
Ndys-Abbott Bayard, Clifford, Field, Hunton
, Payne and ThurmAn-7
In open session counsel said they haC
no further argument to make and the
commission went into secret session.
Immediately after the doors were CLOSED
Senator Morton offered the following: