Ottumwa weekly courier., 1877-02-21

J the aid Of General Sheridan, it ]
now set down as part of our hii
tory that in this blighted and blaste
state of Louisiana four thousand an
odd citizens have been murdered
murdered by plan, murdered by sys
TEN, by organization murdered 70
the purpose of putting down the righ
of the black man to vote, and tha
thing has been going on and on thrc
these dark and terrible years. It wa
my misfortune, gentlemen, to 60 ono
myself in 1866 to this state, sent b,
the. congress of the United States. ant
took the testimony of hundreds o
men, and when / was taking it lit
orally sat with my feet in pools of hu
man blood shed in putting out th'
free government of the state of Louis
lana, and they did put it.out. Oh
fright weA and effectively Gentle
linen of America, that is higher des
lignation than gentlemen of the com
mission, remember there is on II ia
here tonight The question whethe
those laws made in Louisiana in pur
suance Of the 103d article of the con
stitution, enjoining it on the legisla
ture to make laws of protection, O
right, of freedom to vote, If you fai
to execute these laws you will hav,
stabbed your country in that plac,
where we are taught from childhood
the life of country is to be found
and resides, to-wit in freedom ant
| 80 &ho 1,olvoA
Adjourned till tomorrow.
WASHINGTON, Feb. 15.-The cleo
toral commission met at 10 :l5, ant
Evarts continued his argument OF
the republican side. He contendel
that the right to cast its vot,
rested in the state, and was not {
grant from the general government
Whatever power the Federal Govern
ment possessed. it held through the
terms Of the Federal constitution, 9th
and 10th articles and amendments
reserved in terms to the states all the
rights not specifically delegated. The
whole matter of selecting electors
determining and issuing of certificate,
belonged to the state, and it was fol
the Federal Government to count the
votes after they had left the state, al
in the Florida case. So here thi,
body had the wer he two hous
es TO count the vote. This power was
granted to these bodies by the consti
ton, but not by the rar of legisla.
ton. Considering the power poss
essed by the com ssion, Evarts
charged that the other side haC
changed its position, holding in the
Florida case that it had Judicial
authority to institute quo Warrantl
proceedings, and now declaring that
it was not judicial body, but theil
duties were said to be legislative. He
contended that the power vested in
that body was such as existed in the
two houses for the performance of {
specified duty, to count the electora
votes, not the vote for electors, fol
the two houses did not possess tha
power. In regard to the ineligibility
of Brewster and Levisse, the statute
prescribed that they should be waited
for, and if they did not appear unit
four o'clock, the vacancies were to bt
filled by the remaining electors
These gentlemen did not appear, anG
the vacancy was declared and filed
1t was, as stated, to fill vacancy
that their title to the Office of electors
was to be judged there was nothing
in offers Of proof on the other side
that detracted from the right of ths
Governor 10 issue certificates of elec.
ton he felt relieved Of any necessity
to prove that Kellogg was de .factt
Governor, for in their first PROPOSE
ton, the other side offered to prove
that through the months of October
November and December, there wal
no proof that Brewster and Levisst
were not qualified to receive an elec.
ton on the 9th of December. It wa!
also among the offers of proof thai
Kellogg's certificate was by the d.
fdcto Governor of the state, and this
certificate shows for whom the votes
were legally cast. Evarts then re-
ferred to the laws of Louisiana re
garding electors and elections. III,
said that not one of the eminent law
yers who visited New Orleans durins
November, ever thought to sugges
that Governor Kellogg ought to coun
the vote, which was the construc
ton now sought to be put upon tn
statutes of the state. Evarts argued
against the authority of congress I,
interfere in the affairs of state, an(
said our forefathers were jealous o
federal power; they would not per
NIT the introduction of the fedora
finger in the state elections, and for
bid the election of o federal officer
1t was q monstrous proposition tina
congress could sift and sift, discard
discount and destroy in an election il
a state. Their position in the Florid,
case was unchanged. In the absenc,
of necessary legislation, there coult
not be revision of the count. As Il
the claim of the McEnery electors
acting without color or show of an,
authority. neither McEnery or tn
electors having been inducted int
office, their action was wholly void
In support of this proposition, he ci
ted numerous authorities. On th,
other hand, suppose Brewster ant
Levisse had been ineligible, there wa
color and show Of authority, ant
the state was not to be deprived of an
act which it approved, by an object
ion raised at the moment of counting
the vote. In reply to the argumen
of Trumbull, that Brewster and LIE
visse being ineligible, but six elector
were elected, and hence there wer,
no vacancies, in other cases, unles
the Office was filed, there must be
vacancy, end federal disqualification
alone made that. There was no evi
dence of disqualification, and if ther,
was, it was inadmissible as to stat.
disqualtications. An elector was no
an officer, but that term was applied
In a like manner the primary applica
tion of the word elector is made to
voter at the polls. He had no desir
to appeal to partisanship; he desired
to present his case as an America
citizen; he wanted the wrongs il
Louisiana that had so long Loen per
petrated, remedied, but he wantet
them remedied by law. The condi
ton of affairs in Lou,s,ana was no
to be smiled at. Evarts discourse,
on the necessity of means to supper
the state government i'm Louisians
and continued that the decision in tn
Florida case, as to inquiring whethe
the returning board acted withou
Jurisdiction, covered every point il
the present case.
Thurman said it might be that
majority of the commission ha,
thought the law of Florida authoriz
ed the board to do whatever wa
done, which might not be the case.
| Evarts said he could not know tina,
but he was following the argument o
lOC0nor in that case. O'COnor ha,
not denied that if the inquiry was OK
tended to the acts Of the returnin,
board, it could 60 to every poll.
the work couldn't be done thorough
ly, it had better be left undone. Sup
pose it had been provided that tn
Governor was the person to cast tn
electoral vote, would this commission
inquire into the mode by which tha
/ Governor was elected, or whether h
was a conspirator? 1t was enough t
know that he was Governor of tn
state. Evarts closed with an carnes
defense of the blacks of Louisians
saying that it was proposed to max
them the victim Of q constitution 70
q constitution that gave them the Gil