New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-03-23
BRIEFS.
THE LOUISIANA CASE
THE WHOLE QUESTION IN A NUTSHELL

case which follow. For conciseness of ex-
preston, clearness and accuracy Of state
ment and force Of logic, both documents are
models of legal argument
1t will be difficult for any opposition ad-
vocate to make a successful reply to the
cogent reasoning of the two distinguished
Louisianians, unless, as is customary with
Democratic attorneys, all the facts of the
case are left out and supplAnted by ground
less assumptions:
BRIEF OF JUDGE IL J. CAMPBELL.
WARRINGTON, D. c., March 10. 1877.
His Bxcelleucy Rutherford D. Hayes President Of
the United States:
SRI have been requested by the Hon.
John Sherman, Secretary of the Treasury,
to present to you certain poinIs Of law and
fact concerning the status of the present
State government of Louisiana.
In letter addressed to General Garfield
in December last, copy of which accom-
panies this, have discussed the principal
feature of the election law Of that State.
In a memorial to the Senate synopsis of
the principal facts connected with the late
election has been eoncisely given.
In addition to these two papers will
consider only two questions, which have
arisen in debate iD the Senate, and which
may probably come before you.
The first is, what is the true construction
of article forty-eight of the constitution Of
Louisiana. The article is as follows: "Phe
members of the General Assembly shall
meet in the House Of Representative to ex-
anime and count the votes" for Governor
aud Lieutenant Governor The same article,
in preceding paragraph, provides ''that
the returns of every election (for Governor
and Lieutenant GOverDOr) shall be sealed
up and transmitted by the proper returning
officers to the Secretary of State, who shall
deliver them to the Speaker of the House of
Representatives. on the second day of the
session of the General Assembly, then to be
holder"
Section two of the election Law says:
''That five persons, to be elected by the
Senate from all political parties, shall be
the returning officers of all elections in the
State" The same section says: "Within
| ten days after the closing of the elee-
tiOn said returning officers shall meet
| in New Orleans to canvass and com,
pile the statements of votes made by
the commissioners of election, and to make
returns of the election to the Secretary of
State"
The same section says: "The preceding
officer shall at such meeting open in the
presence of the said returning officers the
statements of the commissioners Of election,
aud the said returning officers shall, from
said statements. canvass and compile the
| returns of the election in duplicate; one
cOpy of such returns they shall file in the
Office of the Secretary of State, and of one
copy they shall make public proclamation,
declaring the names of all persons and off
| GERS voted for, the number of votes for each
| person, and the Iames of the persons who
have been duly and lawfully elected"
| The Legislature of Louisiana counts the
votes for Governor and Lieutenant Gov.
ernor in the same way that the Legislature
in any other State, which has similar con-
stitutional provision, counts such votes.
| The Legislature can not count the ballots
in the boxes they must and do, count the
returns.
The return is the final, official and -au-
/ thOritative certificate and declaration of the
| result of the oOCnt of the vote made by the
returning officers appointed by law for that
purpose. Thus the returning officers for all
| elections in Louisiana are five persons TO be
selected as provided by Law. The occasion
and reason of this provision are pointed out
in the papers before referred to, herewith
accompanying There are no returns of any
election in Louisiana, and can he none, but
| the returns that these five officers make.
There is, in law, no count of the vote but
the count they make. There lie, in law, no
| certificate or declaration of the result of the
count, but the certificate they make. There
is no return that the Legislature can count
but the return they make. These five re-
4 turning officers are not eanvassing board.
| They do not canvass and compile returns,
but they make and declare returns Re
turns are not made to them. The
returning officers coHnt the vote.
They make the returns. They declare
the returns. Their return is the only re-
turn of the election known to the law in
Louisiana. In other States the judges or
commissioners of election who hold the
polls make returns. In Louisiana the COM
missIOners of election do not and can not
make returns.
@ BY the constitution, article forty eight,
the returns of the election for Governor and
Lieutenant Governor must be filed with
the Secretary of State. To comply with
thisprOvisiOn the law requires these five re-
turning officers to file copies of all returns
with the Secretary of State. This pro-
vision of the constitution was to supple
ment and assist that provision of the con-
stitutiOn first above referred to, and to
enable the Legislature to count the votes
for Governor and Lieutenant Governor
There are no returns of election filed with
the Secretary of State but these returns,
and, therefore, no returns which the
Legislature can count but these returns.
This is TeductiO ad GbSUrdum of the sug.
gestiOn that these returning officers can not
count the votes tor Governor and Lieuten-
ant Governor, or that the Legislature can
count these votes in any other way than
| through the returns made by the only re-
turning officers ia the State. Furthermore,
this construction given to the law is obnox.
ioua to the well known maxim of oonstruo-
tion of laws, to wit; "That of two con
structi0ns of q statute, one destructive of,
and tho other favorable to, the intent and
object of the statute, the latter must pre-
vail" The intent and object of the cleo
ii0n law was to make null and void fraudu-
lent and pretended votes cast under terror
and durese, oeeasiOned by violence, tumult
and force. The returning officers were
vested with authority to reject such
/ pretended votes thus cast, and so
stricken with nullity. To oOnstrue
/ the law as our opponents claim would
be to Illustrate the express purpose
/ Of the law, and to rend6r it imperative
and Of no effect so far as the election of
/ Governor and Lieutenant Governor Ia con-
cerned. Wherefore, the same returns which
\ gave the electoral vote of the State to
/ Hayes and Wheeler are the very and only
| returna which the Legislature must count
| for Governor and Lieutenant Governor.
There are no other returns Of that election
| in existence.
| 5. The claim of Mr.. NIcholls rests on no
i color of law. 1t is based upon q count Of
/ something made by body calling itself 3
Legislature. That body, itself illegal, and
/ without authority, counted something.
i That something was compilation and can
/ VRss, said to have been made BY the Demo
oratie State Committee. That canvass and
compilation was compilation not of votes
nor Of returns. IL was a compilation Of
certain figures aud statements made By
certain other partisan committees and un-
authorized persons. purporting TO be
! copies Of the statements Of votes made
| by the varieua commissioners Of elections
Il That iG, the Democratic State Central Com,