The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-16

Mr.. Evarts closed at l.l0, and occupicd
all the time allotted his side,
On motion OF Mr.. Thurman the com.
mission then took recess.
After recess, Judge Clifford announced
that the Republican side had consumed
its time, and that two and half hours
remained 10 the other side.
Mr.. Campbell argued that the commits.
sion has the power to deal with the Ger.
tiiicate Of the Returning Board and the
power 10 look into every act Of the i.egis,
lature, and ii that Legislature contra.
VenSs fundamental principles that be
at the foundation OF American liberties,
they should report the votes. While the
learned gentleman waR speaking. said
the cousel, drew up an imaginary act Of
the Legislature Of Louisiana IA nm illus.
tration ot his argument, and to enable me
to put the case fairly before you. Sun.
pose, for instance, the State Of Louisiana
had passed such an act as this:
BE il enacted, That William Pitt Kel.
logg, j. Madison Wells and their associ.
ates are made body corporate, with all
the powers OF corporation under the
civil code Of Louisiana, and there is
granted to them sole and exclusive power,
privilege and immunity TO appoint, in
all forms and at the timea that may be
designated in the acts and statutes OF the
United States, the electors for President
and Vice President OF the United States at
each Presidential election under the con.
stitution OF the United States which may
be apportioned and allotted to the State
Of Louisiana or which the State Of Lou.
isiana may be entitled to appoint; and
from time to time the Legislature shall
give such directions us may be necessary
to make this grant effective, and the
Governor shall grant all such certificates
and commissions as may be necessary,
and do all other acts in furtherance
thereof.
What would be said to such An act as
that, and yet it is not very far from the
case before the court. Ii the electoral
votes were presented by that corporation
with the seals and signatures required, is
there member Of either house. of Con.
gress not n stakeholder in the corpora.
tion who would for n moment hesitate 10
to reject it with scorn? and the answer
would be clear and unequivocal, and the
judgment would be just judgment.
Mr.Campbell assumed for the present
that the act Of 1872 provides for the elet-
ton OF electors, and called attention to
the oath OF office the Returning Board
had to take. He said they offered
on theirpart to prove that the Returning
Board never canvassed and compiled a
single return made by the Commissioner
Of Election. They took the tabulated
statement OF the Supervisors, which was
u secondary paper.
Counsel here gave history OF how the
election in Louisiana came about and
who were the persons who watched and
controlled it, and said On the registra-
ton books there are 22j,000 voters reg
istered, and in the census OF the State
there are $4,000 population. OF the
votes appearing on the face Of the returns
there were $4,000 for one ticket and
$4,000 for the other. undertake to say
that there was not State in this
whole Union--I will not say that,
| will say that two.thirds OF the States Of
this Union that voted at that election
have not shown the same quantity OF
voting population in comparison with
the population recorded on the census
book. | have been informed that there
was not single State. Now, with these
facts standing clearly before you, with
no sign Of confusion reported by the only
authority that could report it, i ask what
show of Justice, right or propriety is
there in this denunciation OF the people
and society Of Louisiana which has been
ringing in the ears OF this Commission and
the persons here present. can tell you
another fact-a fact more startling than
any which has yet been reported
here, and which may serve at the next
election for campaign speeches.: AT that
time-on the 30th Of OCtober-lhere
issued out OF the Circuit Court at New
Orleans ten thousand and upwards OF
warrants Of arrest to seize ten thousand
individuals, inhabitants Of New Orleans,
for having falsely registered themselves
as competent voters in 1874. They EN-
braced some OF the most respectable men
in the city, my friend and family physi-
clan among the number. Now that is
quite equal TO the two thousand mur-
ders and bloodshed and all that. A whole
community, comprising its very best
citizens, apparently the beat in standing,
in property and social position with war
rants OF arrest 10 seize them and bring
them before an officer OF the U. S. Court
for fraud. There never was n picture in
any community like that. Now, sir,
there are 10000 lies sworn to in order to
procure these allidavits. There was not
particle Of truth or any desire 10 have
the truth. About 1860 cases were tried
and dismissed on sight, but it served the
purpose. The affidavits were made by
two policemen-all OF them. read them
myself.
Commissioner Thurman-The whole
10000 made by two men.
MIR. Campbell-Yes, sir; two policemen
in each ward made the aflidavits on those
atIidavits. A red line is drawn around |
the name on the registration list, and
several thousand voters were unable TO
restore their names on that list in order
to vote.
The Chairman-Who issued those pa.
pers that brought his account into the
court for $4,000 against us for his ser.
vices?
Judge Billings told him that on the
face OF these papers there is u gross
fraud, and / will not certify to
cent; he continued by saying, the wrongs
OF Louisiana have affected the peace
Of this country, and as an evidence OF that,
and to determine the conflicting questions
growing out Of its present political con-
dition, this commission has been created,
and the whole people are looking toward
it with breathless anticipation and await.
ing its decision. In conclusion, Mr..
Campbell argued against the legality Of
the Returning Board, saying that the
Legislature had said that there should |
be five persons, and that they had re.
fused to ill the vacancy because OF
fraudulent purpose that would render
them incompetent to perform further
acts.
Mr.. Merrick, Of the Democratic coun.
sci, asked leave to file brief on the sub.
iect last referred to, and permission was
granted.
Justice Clifford then announced that
the discussion on the pending question