New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-28

elOle Ior the commission to have examined
all this evidence before the fourth of March,
and this attempt to have them take evil
denee looked as if it was contemplated to
have new election for President. He de-
fended'ihe decision of the commission, and
asked II these pure and honorable men
were to be assailed throughout the land by
hbelers and assassins. When all the testi-
mony taken by both houses of Congress ia
the Louisiana case shall have been read BY
the people they would see that the decision
OF the commission was right and lust THE
President pro TEN. here said, "rhe Chair
takes this occasion to say to the occupants
OF the galleries that it there are any marks
of appreciation or disapprobation the Chair
will order the galleries to be cleared at
once, so that the innocent will suffer with
those who break the order of the Senate."1
Mr.. Morton, Republican, of Indiana, fol-
lowed Mr.. Sherman, saying: The statute of
Louisiana creating the Returning Board
provided in express terms that msiurity
OF the number should constitute q quorum,
do business, and make the returns The
Board was to cOnsist of five persons to be
elected by the Senate. Three of that num-
Der, by the express terms of the act, were
quorum to do business. There were four in
number on the board. one more than a ma
iority. The Electoral Commission had de.
cided that the board, was properly oonsti-
tuted. On the other hand, it was argued
that the existence of 2 single vacancy de-
strOyed the board. The commission said
not, upon the very best settled principles of
law. The constitution provides that tie
Senate shall consist Of two Senators from
each State, yet vacancies from h .lf dozsn
States will not destroy the legal charac or
OF the Senate. The law provides
that the Supreme Court shall consist
OF a certain number of judges. Two or
three vacancies will not destroy the legal
character of the Supreme Court. SO he
could run through the law in regard to cor
pOrations and special tribunals. There were
certain commissions created Tor specific
ministerial purposes; sometimee-the law re-
CURED that the commission should be full
to enable it to perform an act, but here the
law creating this tribunal guards against
that by specially providing that majority
Of the members shall constitute quorum,
and If there be such a majority present it
makes no ference from what cause there
are absentees-whether there are vacancies
or whether members are willfully absent; if
there be mai1rity present the law is COM
Piled with. Now, 10 regard to the eligi-
bility of electors, the commission decided
that it was not competent to prove
that certain electors were ineligible
on the seventh day of November,
the day of the election. They decided
that on two grounds; First, because
10 any point of view the proof would be
oonstitutIon. the snirit and meaning of If
ia that the electors shall he eligibIs wban
thew come 70 sot when tbev coma RI vota
and mot at the time when thew ara alacto6
C.rtain nersons are ineliOibls to he msm.
beTs of this Senate. A Senator must have
certain qualifications; if he has them when
the time comes to be sworn in that is
enough; it is immaterial whether be has
II. / mn
settled. hut the commission decided the
nrouf ,ras imnna+eriai nm other grounds II
# were concluded that an elsctos was in.
eligihIe an the dav he voted oan that faot
he nroven TO strike ont bis vote7 n il can
IL ia overturning the very hest settled nrin.
cinIes of law. a man NAV he ;neligihIe tn
a seat in This bodE he NAV not ha thirty
vears old. he NAV he undeT the disabilities
If the fourteenth smendment inf If he
comes here and ia svorn in. and takes bis
seat. he NAV afterwards he tnrned our IN
nrnof ot the fact hut evarv vote Thar he
rasts has the sama validity yritb the
vote of every other Senator man
NAV la ipeligible to be annointed a ind re
nnder the f3ur.eeuth amendment ar tor
want of age, or from any cause provided
| nv tba law nf tbe State IN yybich HI iivea
vet if he il annotated otwitbstanding bis
ineIigibility. every cot of bi9 as indie ia
| inst "a valid as If he had been eIioibIe Ue
NAV be turned ont on a 01to irnrrnuto but
mil that ia done his act "a valid And can
| there be an exception frund TO this rule9
He knew of none. In applving il to cleo
| tions we applv a sinple' wen Settled rule
| of law, and now absnrd it wouid be- 10
overturu that rule in case where dis
| coyery is made after the vote ia cast, when
| il ia mast remedy, that an elector was ineli.
pible and strike out his yote? If the com,
| mission had held thai, it would have over
ruled a well.settled prtnoiple of law. VINO
six months 70 commended for anv sucb nriD
CHILE as that This tribunal decided thai Won
could not enter into proof to contradict The
/ returns made by the proper returning off
| GERS of the State-th0se appointed by the
| State TO decide and TO declare who had bee I
| elected. 1t seemed to him, if any principl,
| of constitutional law was plaip, that mus
| be The constitution giyes to each hons.
| the right TO Judge of the elections, retnrnl
and Qualifications of its members, II /
were NOT for that provision of the constitu
ton each house could not 80 that, and if .
senatorial election we're contested il woull
| baya to b, by the Legislature Of the Sat,
! that sends the Senator here; but that powe
: baa Teen given to each house. and T. va
NOT given in regard TO electlous. |, /
claimed that the two houses have the sam
| mower in regard to electors that the house
| have in regard to their members. The an
swer is, the power was not given. l
the trainers Of the Constitution ha,
| intended to give that power, thew woul,
have said so: to infer the existence of e.
great nower "a IN overrnIe every nrinoipl,
IF constrnction. in regard to the eonstitu
tion that was adopted in the very be
ginning TO give to CONGRESS- the mower 4
indge Of the election RETURNS and Gualifca
tiops nf eiectors for the T,egislatnre 10 All
sorb the execntiye. and to plaoe the eOntro
of an election of President abgolutely in tn
mower of the two houses. We know tina
| PN"NA " ~ .e - -