New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-28
LOUIsIANA's VOTE
PROCEEDINGS In THE SENATE

contrary notwithstanding. The decisOn of
the commission was then read by Secretary
GOFham, after which the President pro tenn
inquired if the objections thereto submitted
in the House of Representatives should be
read Messrs Bogy, Democrat, Of Missouri,
and Davis, Democrat, of West Virginia, de-
handed the reading, while Mr.. Sherman
said the papers had been read in the House.
and it was no use to have them read again
to incumber the records After further ar
gument Mr.. Herman, Democrat, of New
York, submitted a substitute for the resolu-
tiun of Mr.. Sherman, as follOws:
Ordered, that the votes purpOrting TO be
electoral votes for President and Vice Pres.
ident, which were given by William p.
kellogg, j. H. Bureh, Peter Joseph, L. A.
Sheldon, Morris Marks, A. B, Levieee, o.
II. Brewster and Oscar JOffrioD, claiming to
be electors for the State of Louisiana, be
not counted, the decision of the commission
to the contrary notwithstanding.
The question being on the substitu Q of
Mr. Herman, Mr.. MaKey, Democrat, Of
Texas, spoke of the Electoral Commission
being invested with the same power as the
two houses of Congress in canvassing the
electoral vote, and said it had been in
trusted with the duty of deciding who were
the true electors, hut this duty had not
been performed. The commission was di-
rected to ascertain the true vote of the
State, but instead of that they had brought
forth certificate reeking with fraud and
offensive in the nostrils of all honest PEG,
pie. The Judgment of the commission mad
been weighed in the balance and found
wanting. 1t could not stand the touch
stone of truth, justice and fair dealing. 1t
was alarming that in the beginning OF our
centennial year a President should enter
upon the discharge of his duties with
q title to the Office grounded upon
fraud, and not upon tine will of the
Anr,ln ~
commission did not authorize the commits
sion to ascertain the true vote of the State,
it was the most cunningly devised pitfall
that ever mortal man fell into. The iudg.
ment of this commission was founded on q
| denial of the right 10 prove fraud 1t was
an admission that the fraudulent certificates
| of VIGOROUSLY corrupt Returning Board
were good, valid and true. This Judgment,
bearing heavily in favor of fraud and
against truth and justice, would never be
| approved by the American people, but it
would be condemned for all time. The
truth had not been sought by the commits
sion, but all its avenues closed. The evil
dence was shut out, and thereby the law
was perverted. In conclusion, he said the
| Democratic party counseled q lawful and
peace nj submission to the decision, and
| conf lently relied upon the will of the peO-
! pie and the merits of their case.
Mr.. Herman, Democrat OF New York,
| said the Senate should not, and he trusted
! it would not, affirm the decision which had
| been made by the commission. By the law
recently passed Congress conferred upon
the Electoral Com mission all the power and
| authority which both houses, aching to-
| gether or separately, had to investigate OF
decide upon what was the true vote. He
then spoke of the offer of the Democratic
counsel before the commission to prove
that fraud existed in Louisiana, and thai
| a1n IN haf
ineligible, aud commenting on the de
cision of the commission, said ii tiit
| of soldiers should threaten TO murder
| the Governor of State unless he
signed the certificate of certain electors
and the Governor yielded uuder this dc
cisiOn, there was no power in the two housed
| of Congress TO inquire into the matter
| The decision was 10 the effect that there
was no power in Congress TO obtain thu
truth and smite down fraud. de entered
his solemn protest against it, and he did 81
from a higher motive than for the success
OF any man or any poll teal party. He die
not want it to go 10 the world without a
protest that a taise and fabricated certificate
was to be counted. He was deeply paine(
that sueh principle should have been al
hrmed by vote of 8 TOT.
Mr. Thurman Democrat, Of Ohio, saiC
the statute of Louisiana created Return
ing Board, consisting OF i've persons, who
were TO hold office indefinitely and will
power to fill all vacancies that might &C
cur. 1t devOlved upon these i've men L
say who should held office in the State
The question Ot who should hold Oflica de
pended not upon the will of the people, bu
upon the will IF the Returning Board. IL
believed sneh board was utterly d6struc
tive of republican form of government
The State of Louisiana under our constitu
ton has no right TO create such q boa I'd
I III W0aFT -
uonal null and void. Even ii lis acts wer'
nut unconsdtutiou4l, they were not leg i il
canva-sing the vote o, the seventh Ut Nc
vemUer last, because Tho statute requires
that the board should be composed Ol tiy
persons of different political parties, bat, il
fact, it was composed of but four persons
all of the same party, and they steadll
refused to fill the vacancy. Tn
duty of that board was to can
vass and compile the returns of tn
commissioners of elections, but the test
mony showed they did not do so. The proc
which counsel offered before the commits
sion should have been accepted, and in tina
opinion he was fortified by the action c
both houses of Congress four years ago /
reporting the vote of Louisiana. He the
referred to the alleged ineligibility of Gel
tain electors in that State, and said he coul
not regard that other than as nullifcatio
of the constitutional provision on that sui
iect, Under this decision no matter b
what fraud man might be elected Pres
dent, or how ineligible an elector might b
there was no power to inquire into II. III
vote of an ineligible electOr must b
, counted, and neither the State nor Congress
, could right the wrong. He utterly di
, sented from such a decision as being d
, structive TO q reput lean govern ment, II
decision would have the effect of procl
nation to dishonest returning boards
perpetuate whatever villainy their iuteres
! might dictate, with the absolute certaint
| that they would he successful.
4. Mr.. Sherman, Republican, of Ohio, sal
: | he waa surprised at the objections to the d
eision of the electoral tribunal. 1t was Oh
r stituted by the votes of tho very gentlemt
/ who now object to its finding. The Sen
tors obiecting knew when they voted II
,. the bill organizing the commission thu
4 these very questions of taking eylden(
were to be submitted to it, and they we
!. in honor bound by it's decision. Althoul
he voted against the bill, and fought it 81
!. by step, AFTER it passed he made up his mil
: to abide by the decision of the tribune
2 These objections now from the other side
i. the chamber we're insulting to the tribune
! and insulting TO those who sustained its
: eision. The Democrats had chosen an 8
l. bitraiiOn. The decision was against thel
# aud there should be no unseemly wranghn
o He further declared that the decision o. &
a | tribunal was right, and as question
a law no man would have held two mont
. ago that Congress had the right to owe
haul the returns by which the electors we
% chosen. If there WAS any right OF Sta
a | it was the right to choose its own eleetO
That right was carefully guarded by /
a constitution, and Congress had no mo
"a power to reverse or override the decision
a a State than any man in Great Britain