The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-17

isianaso much to your admiration. All Of them
without exception and WITHOUT distinction. 0
conceded the exclusive right and the unquali
fed power Of the y, people to appoint electors Q
This concession was not only made In words i
was avowed In every act they performed, from
the beginning TO the end Of their domination.
appointment q electors they asked T tbe peo MI
for 1t. and they acknowledged in thousant
forms that he people alone could give it, Thu
| returning officers themselves never denied tn,
power 81 the people to, choose and appoin
| whom they pleased for electors as we'll as fol
Goyern9r. Len g governor. and othe
or true, did not pretend to be .proprio pigore an
appointment. Every one of these papers pnr
ported on its face to be a, mere declaration o
No candidate who obtained one of them evel
undertook to use It except as evidence of pre-
visiting right derived from a popular vote in
| Returning Board could create title to an elective
| office was never even preached, unless to be
universally condemned as untenabls. It is q
pity that In your long, frequent and affectionate
intercourse, with the negroes and carpet.
baggers at New Orleans you did not pick up
Fs knoWsd nsS Of i Sw
those who did this deed you must leave them
without an excuse or find one In the facts OF the
ease noq s sham
| OF Louisiana counted or not?
THE FACT AS TO LOUISIANA.
The. great fundamental fact which underlies
| al others in regard to Louisiana is that the
State by her qualified voters. chose and ap.
pointed the Tilden electors in due and legal
form. This is. proved by evidence clear and
decisive enough to strike all contradiction
dumb.
In less than two days after the election il was
known all over the country that In Louisiana
there ni had been full poll and heavy majority
counts made and recorded In the several par.
| ishes by Republican officers of election were
brought together. and the exact vote Of each
majority for the Tilden electors averaged nearly
esh bhb asnot gone ths
transacted in the face Of the world and the un-
contradicted report of It carried perfect con-
etO aong with It tPon der Of ths
the universe accepted as true In all parts of
the earth !, Immediately after it happened. and
erful minds in Ghristendom have staked upon it
salvation in, the next. But there was other
down. charged with the special duty. of inuuir-
ing into the matter on the, ground, and they
reported the true result of the election to be as
previously stated. that. is to say. 1859 majority
for Tilden. Even that is not all. The original
documents and records showing what the vote
was. as actually, counted by Republican Com
sworn certificates. and verified by the paths
OF many credible persons. were produced
Tese we're s
and If you DO not know from them that large large
Tilden electors and the Democratic State Off
GERS. you are wholly unfit for your business
But you do know 1t, and cannot deny it without
Forced by the irresistible strength of the
proofs, you admit, or assume, that the majority
for The Tiden electors was 1859. So, therefore.
that is settled
LEGAL AND PEACEABLE ELECTION
There is another point of fact that is also es-
tablished. The majority for the Tilden electors
was made, up by the votes of legally qualified
reception of the votes by the proper election
officers was per Sc an adjudication in favor of
the voters right, but for the further reason that
hands and under the complete control of the
opposing party, who would certainly not per-
NIT any Democratic vote to go ia If they could
mittee, when they went to Louisiana with power
to send for persons and papers, could not find
4Mh nlSn gt, carpet Dagger or Custom
Democrats had polled illegal votes. You have
not denied, and suppose will not, that the ma
lorlty OF 1859, which you admit was cast for the
II den electors. was cast by properly qualified
Another thing: The election was free and
ance. Every polling place was manned by 20.
licemen. deputy marshals, and soldiers In the
interest OF the carpet baggers, and all of them
which called for their interference. The same
is true with regard to the registration. That
there could have been no force. or intimidation
away from the election is proved by the large
number that came. The vote was the heaviest |
ever ,polled in the State; and larger in proper
the census. than in most other States where ali |
the exertions of both parties were used to bring
out their last man.
The necessary result. briefly stated of all the |
facts known and proved is this: that the people |
Of louisiana, having the undoubted power to |
legally e1 the Tden eseors ypan
full poll, at a free election and by a large ma
!ority; and the persons thus duly appointed by |
the presidential vote of the State It followed. |
rs the day follows the night, that the count of |
The eight electoral votes from Louisiana for
Hayes was a false count.
THE RETURNING BOARD.
!, But you say that the officers of the Returning
Board. by virtue of certain judicial powers con-
TERED on 1t, could disfranchise the majority, |
lullify their act of appointment and virtually
axe the power Of choosing electors into their
own hands. This brings us to another dispu ed |
question, Of law: Is the Returning Board law
is direct and palpable conflict with the consti-
ution? Let us look.
OF course, neither you nor anybody will deny
ERE punishm ent reserved by the penal law for
ne s most Infamous IAN crimes. 70 infiict it is an
1
lned by the State constitution to certain emu
nerated courts, and the Returning Board is not
me OF them, Therefore. an act of the Legisla-
ure which gives to such board any judicial
,ower to punish any person for any offence, is
iearly void. But. in addition to this. it is pro-
ided by the fundamental law of all free States,
Louisiana, that even the courts or
magistrates capable of holding this power shall
ever exercise it except upon formal accusa-
lon and due conviction. at a regular trial be-
ore an impartial jury. Now the legislative act
vhich you assert to be constitutional gives the
over to punish by disfranchisemen to the Re-
lrning Board, which is not a court. and au-
lorlzes it to pronounce sentence of dsfran-
hisement upon all the citizens of a parish at
nee, for an act of violence not committed by |
or by any Of them, bat by somebody
Use whom they may never have seen or heard )
I. Even the fact that violence was committed t
y other parties is to be ascertained, not by a t
,lal but by an inquiry conducted in secret be- !
ind the back of the parties, on ex parte state t
tents of their political enemies. The sentence
to be carried remorselessly out though it s
ave the effect OF remanding the whole people !.
the State back to hopeless bondage from t
hich they are struggling to be free. 10
n