The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-15
Tho report Of the Committee on Prlvil

Mr.. Trumbull-l have. One OF th,
points stated Is that the persons who, il
fact, made the examination and count ha,
no legal authority TO do so.
Senator Edmunds-Do | understand
You to say that the judgment Of the Sen
ate four years ago was on question o
fact as TO what the real vote Of the peopl
OF Louisiana was? IT
Mr.. Trumbull-Il is difficult to tell OF
what confederation the Senators voted
The certificate OF the Governor Of Louis
lana in that case was in the proper form
but for some reason both houses con
Cured in rejecting the vote OF Louisiana
30 that, II this amounts to anything, it il
deciSion that duly authorized certifi
cate Of Governor is not conclusive in
the two houses OF Congress.
Senator Edmunds = The resolution
adopted then was that all the objections
presented having been considered, no
electoral vote purporting 10 be that oI
Louisiana should be counted. That was
adopted by vote Of SO to 1G. Among
the objections was one by Mr.. Carpenter
OF Wisconsin, on the ground that there
was no proper return Of the votes cast by
the electors in the State Of Louisiana
because there was there no State govern.
ment republican in form, and because nc
canvass or count Of the votes had been
made prior to the meeting Of the electors
Another objection OF similar import was
made by Senator Trumbull, Of Illinois.
The Presiding Justice (interposing)-
Yon are entitled to the floor, Mr.. Trum.
bull; unless you yield, proceed.
Senator EdmuhdS Ito the Presiding
Justice with some asperity Of tone)-
Do you mean to say that member Of the
Commission cannot make an inquiry.
The Presiding Justice (authoritatiyely)
Il say that Mr.. Trumbull Is entitled 10
the floor.
Justice Bradley Ito Mr.. Trumbull)-I
understand that the decision OF the SEN
ate in that case went to the form the not
TO point as to whether the certificate Of
the Governor was not conclusive.
Mr.. Trumbull read Gov. Warmoth's
certificate in that case, and said tina.
this one thing was settled by Congress,
and that was that the Governors certiii.
cate, the same as that known as No. in
this case, might be oyerruled by the con-
current action oil the two houses. The
report OF the committee was that the vote
had not been properly Canvassed. Now
we propose TO show that the vote OF
Louisiana has never been canvassed; that
tha nratanIaJ n0nyaas ,v.s a f.nN,l, tI,nt
the papers are forged, that the returns
are altered and falsitied, and | would like
to know il count under such circum.
stances is any better than 4 count made
by persons who had not any right to count.
II the action OF Congress is good for any
thing in that case it must be
binding on this commission.
Mr.. Miller-Allow me to make point
which came up in the Florida case and
to which l attach good deal Of impor-
tance. II the only thing that Republi-
can Returning Board can do is to deter
mine whether certain polls are to be
counted or rejected, your argument is a
perfectly good one, but is it not also true
that the jurisdiction OF the Board is COM
mensurate with the duties and functions
which it has to perform, and is it not
true that the one main fact which it has
to perform is to ascertain who are the
electors and to declare that? and can it
be said, that is, that the board is mistaken
in the law in some points while dischnrg-
ing that function that mistake isso jur-
isdictional US to vitiate its return?
Mr.. Trumbull-No, sir, ! do not con-
tend for that.
Justice Miller-Then my suggestion is
that the Jurisdiction Of that Board is to
ascertain and declare who were elected
and that all below that ia the exercise Of
the means and mode OF procedure.
Mr.. Trumbull-To that | cannot quite
assent. assent entirely to the propoai-
tion that in any matter over which the
Board had Jurisdiction and discretion to
act its judgment is not to be disturbed.
The point which l make is whether it is
its dutyto canvass and compile the vote.
II is also its sworn duty not to take juris.
diction Of aquestion or reject votes nm.
less a foundation is laid for it.
Mr.. Trnmbull next argued against the
legality OF the Returning Board and m-
sisted that it was not competent for four
persons to act.
Senator Edmunnds-Your point is
that no steps could be taken by the Re.
turning Board until the Board was full F?
Mr.. Trumbull-No step could be taken
until the Board was full, they having
authority to fill il. Possibly different
rule might apply il they had not power
to Gil vacancies; but the power being
there constitutes the elements OF
this Returning Board, being requir.
ed 10 consist Of persons Of different po.
litical parties, l insist that the Board can
not go on without filling up the vacancy.
The; Presiding Justice notified Mr..
Trumbull that his time had expired, but,
in consideration Of the various interrup.
tions to which he had been subjected,
some lurther time was accorded him,
which he used in presenting objections to
the electoral votes of Brewster and Levi.
see, who held Federal offices at the time
OF their election. -
Justice Bradley-Do you intend 10
prove that they were Federal oficehold-
ers at that time rra
Mr.. Trumbull-Yes, sir.
Justice BrAdley-And that they were
offceholders at the time they cast their
votes?
Mr.. Trumbull-No; understand that
The proef will show that Brewster ten
dered his resignation on the 4th Of No.
vember and that it was accepted on the
10th, and that, very singularly, it was
accepted to take effect on the 4th, some
twelve days before it was read at the In
terror Department.
Senator Thurman-Does not the law
of Louisiana provide that il IN elector
who has been chosen does not appear by
certain hour the remaining electors may
proceed to fill the vacancy2 ~
Mr.. Trumbull-There ia such proyis-
ion in the Acts OF 1865.
Senator Edmunds-But you say that
the law IS not in force.
Senator Thurman-If that law WIS in
force and il Brewster didn't appear at
the time, then there was vacancy under
that law? .1-Es
Mr.. Trumbnll-No. do not consider
there was. The statutes Of the United
States make two provisions, one, is for
the filling Of any vacancy that may occur
in the College when the electors meet to
give the electoral vote, and the other il,
~ u n