The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-22

At the conclusion OF Mr.. EVArtS sbpeecn
:. Judge Campbell proceeded to close for
the defense. He said he did not under
; stand that the Presidential electors owed
their existence to the constitution of any
State, but that they derived their power
from the people of the United States,
which were the United States under the
!, confederation, and before the Constitu-
ton to form more perfect Union was
adopted.
Judge Campbell argued that the Com
mission has power to deal with certih'
Gates of the Returning Board, and power
to look into every act of the Legislatures
and if that Legislature contravenes the
fundamental principles that lie at the
foundation of American liberties, they
should reject the vote.
While the learned gentleman were
speaking, said counsel, drew up an i'm
aginary act of the Louisiana Legislature
? as An illustration of his argument to ena-
BILE me to put the case fairly before you.
Suppose, for instance, the State of Lou
isiana had passed such an act as this
"Be it enacted that William P. Kellogg,
J. M, Wells and their associates are made
a body corporate, with all powers OF cor
poration under the civil code of Louisl-
ana, and there is granted to them sole
and exclusive power, privilege and i'm
munity to appoint, in all forms and at
the times that may be designated IN the
acts and statutes of the United States,
electors for President and Vice President
of the United States at each Presiden-
tial election under the Constitution of
the United States which may be appor-
toned and allotted to the State of Louis
lana. or which the State of Louisiana may
be entitled to appoint; and from time to
time the Legislature contracts to make
such directions as may be necessary to
make this grant effective; and the Gov.
ernor shall grant all such certificates and
commissions as may be necessary, and do
all other acts in furtheranCe thereof"
What would be said to such an act as
that? And yet it is not very far from the
case before the court. If electoral votes
we're presented by that corporation, with
seals and signatures required, is there a
member of either house of Congress not
stockholder in the corporation who
would for moment hesitate to reject it
with scorn2 And the answer would be
clear and unequivocal, and the judgment
would be just judgment.
Judge Campbell assumed for the pres
ent that the act of 1872 provides for the
election Of electors, and called attention
to the oath of Office the Returning Board
had to take. He said they offered on
their part TO prove that the Returning
Board never canvassed and compiled a
single return made by Commissioner of
Election. They make the tabulated
statement of the Supervisors, which was
a secondary paper
Counsel here gave the history of how
the election in Louisiana came about,
and who were the persons who watched
and controlled it, and said on the regis
tration books are 250, 900 votes registered
and in the census of the State there are
$4,000 population. Of votes appearing
on the face of the returns there were
$4,000 for one ticket and $4,000 for an
other, undertake to say there was not
a State in this Union-I would not say
that; will say that two-thirds of the
States of this Union that voted at that
election have notshown the same quantity
of popular vote in comparison with pop
ulation recorded on the census books.
have been informed that there was not
State. Now, with these facts standing
clearly before you, and with no sign of
confusion, reported by the only authority
that could report it, ask what show Of
Justice, right or propriety is there in this :
denunciation Of people and society of
Louisiana which has been ringing in the
ears of this Commission and persons here t
present.
can tell you another fact-a fact more !
than any which has been repor-
ted here, and which may serve at the
next election for campaign speeches. AT =
that time, on October 30th, there issued
out of the Circuit Court of New Orleans
ten thousand and upward of warrants of
arrest to seize ten thousand individual
citizens of New Orleans for having falsely e
registered themselves as competent vo- b
tiers in 1874. They embraced some Of the a
most respectable men in the city-my
friend and family physician among the
Now, that is quite equal to the t
two thousand murders and bloodshed and G
all that. A whole community, compri- a
sing its very best Citizens-apparently o
the best in station, in property and social 7
position; with warrants of arrest to seize 81
them and bring them before an officer of "
the United States Court for fraud. There
never was a picture in any community c.
like that. Now, sir, there are ten thou
sand lies sworn to in order to procure
these affidavits. There was not scin-
tilla of truth, or any desire to have the
truth. Thirteen hundred and sixty ca >,
ses were tried and dismissed on sight, a.
but it served the purpose. The affidavits o
were all made by two policemen. read o
them myself.
Mr.. Thurman-The whole ten thou Il
sand made by two menP S
Judge Campbell-Yes, sir. Two po- 81
Iicemen in each ward made afidavits.- 81
On those affidavits line is drawn around D
The name on the registration list, and eI
several thousand voters were unable to s.
restore their names on that list in order "
10 vote. The Commissioner who issued o.
hose papers brought his account into b
Court for fifteen thousand and odd dol 81 81
ars gainst the United States for servi ei
3es. Judge Billings told him.: "0n the q
face of these papers there is fraud, and y
will not certify to cent" g
He continued by saying that the ~ ~
wrongs of Louisiana have affected the
peace of this country, and, as an evidence
Of that and to determine the conflicting
questions growing out of its present poll c'
ical condition, this Commission has been =
treated, and the whole people are look
ng toward it with breathless anticipation,
waiting its decision.
In conclusion, Judge Campbell argued g
against the legality of the Returning Sl tS
Board. G
The Electoral Commission, after the
lose of the public session yesterday af- :,
bod n ohort nrivota nopfaranna VI