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

tihcates, and the votes shall then be counted.
That is all the Electors have got to do. This is a
the Constitution of the United States, which Is as
much a part of the Constitution Of every State as
it is Of the United States. Every word and every
letter in this Constitution is binding State
Mr.. TrumbuIl referred to the unanimous report
made BY the Senate Committee in 1873. and said:
what was the result of that reports The Senate
and House oE-RepTeseutatives voted not to count
the Electoral vote OF the State OF Louisiana.
that the votes had never been cauvassed by any
body having authority TO canvass them. and the
result was that the vote OF the State Of Louisiana
Justice Bradley-who made the canvass at that
timel
Mr.. Trumbull-It was required to be made by
the Returning Board, which consisted of the Gov
ernOr the Secretary of State, the Auditor. and two
other persons. and there was controversy a. to
which was the true Canvassing Board.
Justice Bradley-It @Hgas held that the proper
Board had not made the canvass.
OF the Committee on Privileges.
Senator MortOn-Have you the whole report
Mr.; Tranhull-I have. One Of the points stated
is, that the persons who II fact made the ex-
Senator Edmunds-Do r. nderstand you to say
that the judgment of the Senate four years ago
was on question Of fact as to what the real vote
OF the people OF Louisiana wasf
Mr.. TTumbuIl-It is difficult 70 tell on what con
sideTatiOns Senators vote. The certificate Of the
Governor of Louisiana in that was
in proper form, and for some reasons
both houses concurred in rejecting the vote
it is decision that the duly authorized certificate
of the Governor is not conclusive TO one OF the
Senator Edmunds-The resolution adopted then
was, mat al OBJECTIONS presented haylng been
considered, no Electoral vote purportng TO De
that OF Louisiana should be counted That was
tons was one by Mr.. Carpenter, of Wisconsin,
the ground that there no proper return
the the Vo state cast Louisiana ss an
because there tCds no State Government republican
had been made prior to the meeting of the Electors
Another objection OF similar import was made
! = "a mi n
The Presiding Justice QnterpOsipg)-You are
entitled to the noor, Mr.. Trumbuu unless you
Senator Edmunds Ito presiding Justice with
some asperity of toue)-Do you mean to say that a
member OF the Commission can not make an
The Presiding Justice (authoritativeIyl-Is say
| that sir. Trumbun is entitled to the floor.
! Justice Bradley Ito Mr.. TrUmbUli)-I understand
that the decision of the Senate in that case went
| to the form and not to the point whether the
| certificate of the Governor was conclusive.
! Mr. Trumbull read Governor Warmoth's certif-
cate in that case, and said that this thing
certainly settled by Congress then, and
same as that known No. in the
case-might be overruled by concurrent action or
the two houses. The report or the committee was
| that the vote had not been properly canyassed.
Now, We propose to show that the vote OF Lou1si-
ana mas never been canVassed; that the pre-
! tended canvass is fraud that the papers are
a1 ana IhaG me returns are @ 10
know whether Court under such
persons who had not any right TO count. If the
action Of Congress is good for anything IN that
Justice Miller-AIlOw me to make point which
came up in the Florida case, and to which at
only thing that Republican Returning
board can 90 - Is 70 aeT T %ne ln
argument is perfectly good one but IS 1t not also
true that the jurisdiction OF the Board is common
surate with duties ana functions which it has to
perform, and is it not true that the main fact
Electors and to declare that fact and can it be said
that if that Board mistakes the law on some points
! is so jurIsdietlonal as to vitiate its return2
Mr.. Trumbull-No, sir, I don't contend Tor that
Justice Miller-TheD my suggestion is that the
Jurisdiction of that Board is to ascertain and de-
clare who we're elected, and that all below that is
dure.
Mr.. Trumbull-To that can not quite assent.
assent entirely to the proposition that in any mat
! ter over which this Board had jurisdiction and
to 6 f f6 points wo6 make be aG
er 1t is It's duty to canvass and compile the yOtel
the question OF rejecting votes unless foundation
| Mr. TrumbulI next argued against the legality
of the Returning Board, aud insisted that ii was
not competent for four persons to act.
| Senator Edmunds-YOur point is, that steps
| could be taken by the Returning Board until the
Mr. Trumbui-No step could be taken until tbs
Board was full they having authority to I'LL IT.
not the power to FIJI vacancies; but the power be.
ing there, and the constituent elements of which
slst, of persons of different political parties,
insist that the Board could not go on without I'LL
The Presiding Justice notified Mr.. TrumbuI thai
his time had expired, but in consideration of varI
GUS Interruptions to which he had been subjected
some further time was accorded to him, which ht
| used in presenting objections to the Electoral
votes OF Brewster and LeYlsee, VINO held Fedora
offices at the time of their election.
Justice Bradley-DO you intend TO prove thai
they were Federal Ofhce-hOlders at the time they
were elected3
MT TrumbuII-Yes
Justice Bradley-And that they were Office
holders at the time they cast their votesf
will show that Mr.. Brewster rendered his resigna
ton on the 4th of November. and that it was &C
m he pTln UpT
was accepted to take effect on the 4th, some twelve
days before 1t was received at the Interior De
Senator Thurman-Does not the law of Louis
lana provide that If any EIector who has beer
chosen does not appear by a certain hour the re
naming Electors may proceed to I'LL the vacancy
Mr. Trumbull-There is such provision in TIT
Senator Edmunds-But you say that that law il
Senator Thurman-If that law was In force, and
If Mr.. Brewster did not appear at the time, then
was there vacancy under that law
Mr.. Trumbull-No; I do not consider that there
was. The statutes OF the United States make two
provisions. One is for filling any vacancy that
may occur in the College when the Electors meet
~ eve tiIe 41IecIOtl SOtS anu Ing OtueE Wletl al
eIeetlon mas Deen held ana no cnolce mas peer
made on the day prescribed by law. In that case
an ElectOr may be chosen on the subsequent day
sons mad received the same vote, or if there
Senator Thurman - Is not the real question
! whether there was any power IN the Electors t.
bn had no eaP9 persons n0 peer
Mr. TrumbuII-Then il this statute of 1868 was
IN force, the other Electors could have filled the
vacancies.
Senator Thurman-But suppose that the law wa;
not in fOTee9
Mr. Trumbull-Then there is no law to fill va
caucieS.
Representative Hunton-Except by election.
MI TrumOulI-That brings up these complicated
statutes. The statute of 1872 provides for film
all vacancies by popular election. II that statute
was IN force, then these vacancies would have Z
be filed by popular election. If the law of 1856
was in force, then the absence Of these two Elec
tors would give the others authority to ill thu
vacancies, provided anybody had been elected. L
the votes of LeVsee and Brewster TO be counted
and If is to be made President Of thi
United States by counting their votes and the votes
of Louisiana. then 1t is done by mere form
of law. contrary to the principles of the COnsti
tuition of the United States, and in violation o.
the rights OF the people.