Ottumwa weekly courier., 1877-02-21

NTY. IOWA, FEBRUl
very bottom Of everything, that h
appeared. There was submitted t
this commission, not only the question
as to who were the lawful electors
but all matters connected with tn
double returns. When the act wa
passed thrill went through the coun
try, and there was feeling tina
whatever the decision was, 1t woult
declare the true voice of the people
Should 1t be said that when the Law
declared they should consider al
Questions connected with the doubl
returns, it merely meant that they
should do simple sum In arithmetic
What the country wanted was q de
cision as to who was lawfully elected
and the country would not be salts
fled with anything else. Trumbul
instanced the fact that Pinchback
bearing Kellogg certificate, had ap
applied for admission to the senate
within two years, and after bein,
Kept long in waiting had the dool
closed on him; therefore Kellogg il
no better than McEnery. But yol
have got certificate here from per
son claiming to be governors certi
fled list as it is called in the statute
OF the names of persons elected elect.
ors. What does that amount to? Did
the constitution require it? The
constitution said that the electors
should meet in their respective states
and vote by ballot for two persons,
make list of all persons voted for
and the number of votes for each
which list shall be signed, certified
and transmitted sealed to the seat OF
the general government, directed to
the president of the senate, who then
in the presence of the senate and the
house of representatives, shall open
all the certificates, and the vote shall
then be counted. This is q right not
inherent In a state, but derivative
from the constitution of the United
States. Every word and every letter
in this constitution is as binding on a
state as on the United States.
Trumbull referred to the unani-
nous report of the senate committee
made in 1879, and said. what was the
result9 The senate and house voted
not to count the electoral vote OF
Louisiana. Congress looked into it,
and its committee reported that the
votes had never been canvassed by
anybody having authority to canvass
them. The result was that the vote
OF Louisiana was rejected.
Justice Bradley-Who made the
canvass at thai time?
Trumbull-It was required to be
made by a returning board which
consisted of the governor, the secre-
tary of state, the auditor and two
other persons, and there was a con-
troversy as to which was the true
canvassing board.
Judge Bradley-It was held that
the proper board had not made the
canvass.
Trumbull-It was not decided in
the report of the committee on priv
ileges.
Senator Morton-Have you the
whole of the report there?
Trumbull-I have. One of the
points stated is, that the person who
in fact made the examination and
count had no legal authority to do
so.
Senator Edmunds-Do under
stand you to say the judgment of the
senate four years ago was o question
of fact as to what the real vote of the
people of Louisiana was?
Trumbull-lt is difficult to tell on
what considerations the senators
voted. The certificate Of the govern
or of Louisiana was in improper
form, and for some reason both hous-
es concnrred in rejecting the vote OF
Louisiana, SO that if this amounts to
anything, it is a decision that duly
authorized certificates of governor
is not conclusive ON the two houses OF
congress.
Senator Edmunds-The resolution
adopted there was that all the object.
ions presented having been consider.
ed, no electoral vote purporting to be
that of Louisiana should be counted
That was adopted by vote of 33 to
10. Among the objections was one
by Carpenter, Of Wisconsin, on tn,
ground that there was no proper re
turn of the votes cast by the elector
in Louisiana, and because there wa
no state government republican in
form, and because no canvas OF
count of the votes had been made
prior to the meeting of the electors.
Another objection of similar import
was made by Senator Trumbull, OF
Illinois.
The presiding Justice (interposing'
l-you are entitled to the floor, Mr.
Trnmbull, unless you yield. Pro
ceed.
Senator Edmunds (with some as
perity)-Do you mean to say mem
ber of this commission cannot make
an inquiry?
The presiding justice-(authorita.
tively)-I say Mr.. Trumbull is entitl
ed to the floor.
Justice Bradley, to Trumbull-l
understand the decision of the sena.
tor in that case went to the form and
not to the point W neither the certificat,
/ va thS SoNSAhol w dS uOG COuClusIVe
Trumbull read Governor War.
moths certificate in that case, and
said this one thing was certainly set
tied by congress there, and that wal
that the governors certificate-th,
same as that known as No. l in thi,
case-might be overruled by the con.
current action of the two houses. TIL.
report of the committee was that thu
vote had not been properly canvassed
Now we propose to show that tn,
vote of Louisiana has never been can
vassed; that the pretended canvas il
fraud; that the papers are forged
the returns altered and falsified, anG
| would like to know whether coun
under such circumstances is any bet
ter than count made by persons who
had not any right to count. If tn,
action of congress is good for any.
thing in that case it must binding or
this commission.
Justice Miller-Allow me to MAKE
point which came up in the Florids
case and to which attach good dea
Of Importance. If the only thing
that the republican returning boare
can do is to determine whether Ger
tain polls are to be counted or reject
ed, your argument is q perfectly goot
one. But is it not also true that tn,
Jurisdiction of the board is commen
surate with the duties and function
which it has to performp Aud il i
is not true, the one main fact which
1t has to perform is to ascertain wht
are the electors to declare that fact
and can it be said that il that board
mistakes the law on some points Will,
discharging that function, that tina
mistake is 80 jurisdictional as to viii
ate its return?
Trumbull-No, sir. l don't con
tend for that.
Justice Miller-Then my suggestion
is that the jurisdiction of that boari
is to ascertain and declare who wer,
elected, and that all below that is tn,
exercise of the means and the mod,
Of procedure.
Trumbull-To that / cannot quit,
assent. assent entirely to the prop
osition that in any matter over which
this board has jurisdiction and dis
erection to act, its judgment is not I,
H.