The New York herald., 1877-02-16
THE PRESIDENT MAKERS.
The Closing Argument in the
Louisiana Case.
EVARTS ON PRESIDENTIAL ELECTORS.
Neither Federal Nor State o.
ficere. but Electors.
THE POWERS OF THE COMMISSION.
Judge Campbell on the Election Ma
chinery Of the State.
HOW VOTERS WERE PROTECTED
Was the Board Legally Constituted and Did
1t Act in Legal Manner!
A DECISION EXPECTED TO-DAY.
roNAA AIN coro,., o@1nrcoon0r.,-
Judge Campbell on the Election Ma
chinery Of the State.
HOW VOTERS WERE PROTECTED
Was the Board Legally Constituted and Did
1t Act in q Legal Manner!
A DECISION EXPECTED TO-DAY.
FROM OUR SPECIAL CORRESPONDENT.

Before the Electoral Commission to-day Mr.. Evarts
argued for tho republicans 'that the certfcaton Of
electors by State final and not renewable by Con-
held that the federal government can confer nothing
upon State. since It existence by the con.
sent OF the Sates that has the right create
tors, and the general government has right to in
quire behind the fact and that the only power that
could have been delegated by Congress to thu com.
mission is the power count without scrutinizng the
slectorai votes Reviewing for full hour tho muta
lions OF the Louisiana election laws Of 1865 1870 and
1873, he asserted that the 1868 provided both
tor mode Of choosing electors and mode Of can.
vassng the votes for them that the act Of
1870. whilo repeating the canvAssing section
Of the act Of 1868 did not repeal the other
sections and that tho act In force Of 1872
by providing q mode OF canvnssing forms, together
with tho unrepealed sections OF the act OF 1885,
plete election law legalzlng tho Returning Board
Next he took tho broad ground regard tho cert
ncaton OF the Louisiana electors,
F~st-rhat Kellogg, whom the opposing counsel had
admitted to be Governor de acto their printed offer
Of fproof, had . right to make the cortihcation.
SscondThat tho facts rendered the Governor con.
eernng the election warranted him in making it,
Also that the certificates of the alleged ineligible
electors, Brewster Surveyor General, and I.ev,see
Port Commissioner, formed proper and lawful part
sf the recorded result. He held that the commission
could not understand the real condition Of Louisiana
and charging intimidation an Offset to the usurpa-
tion and illegal action charged he said The violence
virtue and tho rights American citizens--whch Is
the worsta"
THE INELIIIBLlTY QUESTION.
In regard to the incgibty Of Brewster and Lcvisee
he said that the constitution was not guilty Of the
folly Of prescribing that State should elect to tie
borders place Of public trust Tho state has a right
decide itself what electors 1t will choose; 80 saw
that ineligible can't DO elected is 10 say that
the forbidden fruit couldn't be eaten. In respect to
these two electors. they have been elected and tho
State is not to be ripped up in transaction satsfas-
tory TO itself by any exrancs. evidence OF tho fac
CANrAELL's ARGUMENT
Judge Campbell made very close legal argument
He said that tho President. being federal officer tho
political head of the whole peopl. their creation
they have right, through this tribunal, to inquire
into his origin "Where," he asked, s'whers else
will every in the United States be represented
IN the lnai decisionS'' The Jurisdiction
OF tho federal the the decision in this
he argued absolute Tho State received permis
to appoint Presidential electors from the federal
constitution; nay. 1t received q command to that
effect Each State by tho terms of tho constitution
shal that Is to say, is required appoint Presden-
tal electors He introduced point which created
impression, the point tn tho count OF electoral
votes has than onco been proved to be by the
sunerance Of Congress, since Congress did use it's
power to reject the electoral Of States
President tho ground that they were in rebellion
He remarked that tho power the statcs to appoint
electors q trust power returned to tho States
ana mot q bauble to be played with. IT,"
In the choosing Of electors be an uncertain
voice, Congress can refuse to hear IT, You must be
assured that is the State that speaks you before
you count It's votes The States is not to
be uttered BY a corporation, a Returning Board"
He went to show that unless Congress could
remedy fraud the people OF Louisiana would be lett
without remedy at all against any, oven the most
atrocious and transparent. irands Of Return
ing Board. Judge Campbell is one Of the
ablcst lawyers Of Louisiana, was formerly judge Of
the Supreme Court of the United States and is highly
respected by the present Supreme Court judges. His
statement therefore, that under tho Louisiana law tho
people had remedy at all against fraud by the Re-
turning Board that neither the Legislature the
Supreme Court could interfere to protect them, and
that they must depend on Congress, attracted the
attention Of the commission and produced inquiries by
several
Judge Strong asked was II In the power O! tho State
canvass and return tho votes before the twentieth
Of November last and second could tho State create
new tribunal to try the case between two sets Of con-
testing clcctors
judge Campbell-I think not, sir
judy S.rons--rnca you take the ground tha. tho
State las 90 Jurisdiction over It's own electors?
judge CanItcil--I Say that, in my judgment, the
State has pewcr simply 10 choose electors and 10
send clr csrtica.s TO Congress- wncrc tho question
.! thor validity is TO bs dec,dsd.
THE STATE
Jutgc Campbell then proceeded to demonstrate by |
shc sxs OF the State the following Important iacts:-
1tt tho Election act OF 1872 in Louisiana repealed