The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-14

:
to the pressure and got up a minority re-
port.
ASSOCIATED rress Report sy telegraph to the Dis
WASHINGTON, February lathe Com.
mission met at II O'Clock. Justice Clifford
announced two hours for each side, and
that the Commission was ready to hear OBJ
iectors to the Hayes certificates. Senator
Mcdonald opened, claiming that the Hayes
electors were not legally elected, quoting
the statutes of Louisiana as showing two
sets of electoral! laws. Whether one law
repealed the other, or whether they should
run together, the proceedings OF the Lou
isiana Returning Board were alike frregu-
lar and unlawful. ,sr,ezz ~
Mr., jerks followed on the Democratic
side. He concluded by asking the Commits
sion to let the truth shine out in the whole
transaction. of you do" said he, there
can be but one single result. The wisest Of
men, the strongest OF men, cannot make the
false true. No false god should be set up.
Solomon set up a false god to hiscost. II
YOU attempt to blind the eyes Of this mighty
nation your eyes will be void; for history
will know the truth and record it. No;
we want to clear out all this pollution, and
to purge the nation Of the disgrace OF the
fraudulent act OF this vile Returning
Board" H.. s., In &.
Mr.. Hurlbut, one of the DIRECTORS to Ger
tifcate No. 9 (the Tilden papersl after
briefly reviewing the history OF Louisiana
for several years since, claimed that the hel-
logg government had been officially recog-
nized by the President OF the United States
and by both houses OF Congress-. John
McEnery had not attempted to exercise the
functions Of Governor since 1874, and yet
he now comes forward and attempts 70 give
certificates to men who claim to have been
elected Tilden electors.
Mr.. Hurlbut read one Of the certificates to
show its peculiar phraseology, and that Nc
Emery did not sign himself rs Governor ard
did not use the great seal Of the State. He
had no seal, nor did he have any office.
The fact being settled that Kellogg is the
only lawful Executive OF Louisiana, he
| would ask the Commission whether thcy
had the right or the time TO investigate the
election in that State. ...
Mr.. Howe followed Hurlbut on the same
side. ...... 80.
The Commission adjourned ut 6 O'Clock.
In the Commission a recess was taken
when Mr.. Howe closed. On reassembling
ct 5 ?. NJ, aIr. Carpenter asked the indul-
gence Of the court for an argument OIL the
statutes previous to the opening OF the case
and the submission OF proof, the time to
come out OF the four and half hours. The
request was granted, and Mr.. Carpenter
began his address, asserting that he appear
ed not only for the present elected Presi-
dent, but perhaps for the next Republican
candidates.
He wanted precedent established so that
il he should received a majority OF the
Inn ~, h,t tpfo r,nf,f ,i,,nr hoo r1
could cheat him out OF it. II the prece-
dent OF returning boards was tolerated who
was so hopeful as to believe that there
would be another President elected by the
people? Why 90 into the expense Of po-
litical campaign when returning boards can
be bribed for 1.-THE OF the cost? lie next
| went into an inquiry as TO the nature Of the
| tribunal and the character Of it's powers.
He argued that as Congress had re-
| served the right to review the action
of the Tribunal, it did not, and could not,
exercise judicial powers. lie submitted
that whenever any measure vas pending
| there was no limit to their power to investi-
gate. It might be done by committee OF
either house, or by 4 joint committee, or by
commission. The latter had become n
common practice in England. He main-
tanned that by no construction could this
Commission be made to appear rs anything
else than Il legislative investigating conf
mittee. .." r. '.....
The duty conferred upon the Commits
sion was to inquire who had been duly APP
pointed electors in such States; not who
seemed to be elected, but who were duly
appointed electors of the State of Louisiana.
To do that it was clothed with all the
overs of both houses. If this Commission
could not 20 to the bottom Of the question,
then, indeed, it was bottomless, and there
was no means to prevent the greatest
fraud that had ever been put upon the
country. Neither the defeated candidate
nor the country would he satisfied with the
action Of the Commission il 1t was taken
without an inquiry into the facts; while oil
would cheerfully abide by q decision rem
dered after due investigation. -.
If the decision here was q technical one,
on false certificates, the case would go to
the judicial tribunal, to veX the country
for months, and perhaps for years.
Mr.. Carpenter continued his argument,
claiming that the title to an Office rested in
the election to the Office and not in the GER
ttcates, and cited authorities for this view
of the law. lie held that it was the duty
of the Commission to go back of the ccrti-
ficates, and If need be to the election, to as
certain who were the legally-appointed
electors.
He next went into consideration of the
election laws OF Louisiana, covering the act
OF 1868, which was incorporated in the re-
yised statutes, which were made effective Y
the act Of March IA, 1870, to take effect on
the lst OF April. The general election law
| was passed on the 10th of March, two days
later, but sixteen days before the revised
statutes went into operation, and a question
arose whether the act going into effect
latest repealed the act passed subsequent
", but first to so into effect. a
II the law of 1868 as carried into the
revised statutes was in force, then the vote
Of Louisiana came up here four years ago,
when the two houses, each acting for itself,
| voted that there had never been canvass
OF the votes, and that the vote Of the State
should not be counted. If the vote could
be rejected for'neglect, this Tribunal, acting
| for the two houses, could reject it for frauds.
| II the act Of 1870 was in force, it provided
| that the election for electors should be held
with the general election, and votes cam
yassed rs that election was. The act Of 1872
| contained no reference to presidential elect
ors beyond general provision that the cleo
\ ton should be held on the day fixed by Con-
gress, which was wholly unnecessary, as
| Congress, and not the State, fixed the time
for holding the election. Under the law OF
1872 there was no provisions for filling any
vacancy in the Electoral Board except by a
popular election. If there was no law in
force, then the vacancies could not be filled.
He next argued that an election under q
| law in violation of the Constitution OF the
State was under the Federal Constitution
! void, and proposed to show that the law OF
| 1919 ,uaa not in conformity with the Con.