The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1877-01-18


to enforce Article los OF the Constitution OF the
State Then there was another act, relative TO
the election in 1876, unless they were subsequently
repealed, which they were not. Mr.. Evarts here
the filling of vacancies If Electors did not appear
before o'clock. By subsequent legislation the
OF the act was left standing.
State,-not repeal OF thelaws, nor an amendment
been made nv COnCress He TeferTa5 70 the TeJiss5
statutes, following the acts OF 1865 to SHOW tbat
they had been Incorporated IN the statutes as re-
vised. He then read the session law of 1870 passed
March 16, and maintained that as It made
prOvi sion for the discharge OF their duties by
ing clause repeal the act of 1863 Incorporated IN
the usual statutes, so far as that act related TO
He said not one of the eminent lawyers who
visited New Orleans during November, ever
thought TO suggest mat Governor Kellogg ought
to count the vote, which was now the cOnstrue-
state MI. 11NaEts dIRueO as4Lusb the authority or
Congress to interfere IN the affairs of State and
said fOTefathers were so jealous of Federal
power, tnat they Wouu NOT permit the Introduction
of Federal finger in the States elections, and for
sought 10 trust the thickness of q mans Ions
upon the power Of the State by an inquiry through
denounced it r munstrous proposition that. Con-
2ress could sift and sift discard discount ana de
Florida case was unchanged. In the absence o.
the necessary legislation there could not be re-
He took up the claim Of the McEnery Electors,
ana SAID tht, acting without color or snow OF tu-
been indicted into office, their action wholly
void. In support OF this proposition he cited nu-
merOus authorities. On the other hand, suppose
Brewster aud LevlSee had been ineligible, there
a color OF show OF authority and the state
was not to be deprived of an act winch it ap-
proved by an objection raised at the moment or
counting the vote.
In reply to the argument of Mr. Trumbull
that Brewster and LevIsee, being ineligible,
there were vacancies in the other eases,
bIr. Evarts coHteuded that the Office must be
hlleu or tnere must be d vacancy. mere could De
no such thing as a vacancy that was not vacant.
As 10 e9erai ulSq uallncatlon' there was no eVI-
uehce oHeFeu ina; toUched the point ana II
theIe was, II would De lnadmisslble;
that an Elector was not an officer, but that the
term applied in a like manner the primary ap-
plicatOn OF the word electOr, to the voter at the
polls MIR. Evarts said he had no desire to appeal
TO craftsmanship, He desired TO present his as
an American citizen. He wanted the wrongs IN Lou
Ists1t tndL Hd 80 IonR Deeii ptEpeI rteu
but he wanted them emerdIed by law. He wildly
said it was not state OF affairs to be smiled AT at
a distance, whichever side the smile came from.
tuition provisions for the support of good govern
ment, and the Legislature Undertook to carry out
| the provisions. There one limit and that
that means should be adequate, appropriate and
seassona6le. II was by the means adopted that
He commended that the decision in The Florida case
! TO inquire whether the Returning Board acted
without jurisdiction covered every point in the
present case.
Mr.. Thurman said it might be that a majority Of
| the Commission had thought the laws of Florida
authorized the Board to do what was done, which
might not be the case IN Louisiana.
Mr.. Evarts sad he could not know that, but he
was following the argument Of Mr.. O,ConoT in
! that case Mr.. O,ConOr had not denied that if
inquiry was extended 10 the aSS of the Returning
Board 1t could 20 20 every precinct poll but If it
was found that the Commission was getting too
far to sea it could swim ashore, drowning which
| ever candidate the depth or water at that point
/ was dgalASG II the WORK cOuld nor pc lnurOuEhty
done, il had better be left undOne. Suppose had
to cast the Electoral vote OF the State would this
Commission inquire into the mode by which that
ME- tb nc %GG P4Fug 70 ne 70 C
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| Governor OF the State and the same rule applied
! here.
Mr.. Evarts closed with an earnest defense Of the
| blacks OF Louisiana, say ing 1t was proposed 10
| Constitution gave them the gift Of suffrage, and
they were now to be slaughtered for having II il
Mr.. Evarfs closed at 1:1O NJ, and occupied all
| the time allotted his side; and, on motion Of Mt
After recess Judge Clifford announced that the
Republican side had consumed its time and that
! two and Onehaf hours remained to the other
side. Judge Campbell then proceeded TO close fOI
the defense. He said ne did not understand that
the Presidential Electors owed their existence to
the Constitution of any State, but that they de
States, which were the United States) under con
federation and before the Constitution was
aqoPJed, when was IN It's own language 10 form
! Mr.. Campbell argued that the Commission has
power to deal with the certificate Of the Return
/ ing Board, and power to look into every act of
foundation OF American liberties, they should re-
iect the votes. ''While the learned gentleman was
speaking" said the counsel, u Grew mp an ilnag
mary uct of the Legislature OF Louisiana as an
illustration of his argument, and to enable me TO
put the case fairly before you. Suppose, for in
stance, the State Of Louisiana had passed such au
act as this; Be II enacted That William PIT kel-
lOgg, j. Madison " els, and their associates. are
| made body corporate, with al powers of corpo-
there is granted to them sole and exclusive power.
privilege and immunity, to BppOintIn all forms and
an tunes IhaL may De designated ID the acts ana
statutes OF the United States Electors for President
and Vice President OF The United States at each
eieciiOur GLueI Tue CoIIzii1 %!
! the United States, which may be apportiOned and
State of Louisiana may be entitled TO appoint; and
from time to time the Legislature contracts 10
this grant effective, aud The Governor shall grant
All sTcb ceTtiffcates and c0uI71issions "a NAV ne
necessary TO do all other acts in fuTtheIaucE
thereof.6 What would be said to such Gn act as
thaR-and yet il Is not very far from the case be
presented by that corporation with the seals
| and signatures required. is there d mem Der OF
either house of CONGRESS, not stOckuOluer IN the
corporation, who would for one moment hesitate
/ to reject it with scOTnl And the answer would Dc
clear and unequivocal, and the Judgment would
be JUST judgment
Mr. Campbell assumed for the present that the
act Of 1872 provides for the election OF Electors
and called attention to the oath Of office the Re
on their part to prove tnat the Returning Board
never eanvassed and compiled single return
made by the Commissioner Of Election. They
made the tabuIated statement of the Supervisors
which was a secondary paper.
Counsel here gRvea history OF how the election
in Louisiana came about, and who were the per
SONS who watched and controlled it, and said that
on tne reGlstlalon DOCKS JheIc are I-'-oyo voters
registered, and in the census OF the State there
face of the returns, there 5000 for ticket
ana $1,000 for the other I undertake TO say there
was not a State in this Union I would not say
that; but viii say that twO-thiTds OF the State;
OF this Union that voted at that election moi
| shown the same quantity Of population ia Compar
isOu with the population recorded on tie census
book ] have been informed that there was not a
single State. Now with these facts standing
clearly before yCu, with no sign or confusion, re
ported by the only authority that could report II
I ask what show If justice, right propricUy If
there in this Remuneration of the people ana so
ciety Of Louisiana, which has been ringing in thg
ears OF this Commission and persons here present
1 can tell you another fact, fact more
reported here, and which may serve
al the next election for campaign speeches Of thai
time. On the Goth OF October there issued out OF
the Circuit Court of New Orleans ten Thousand