The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-15

had been closed against him, therefore h,
argued that Kellogg was in no better con
dition than McEnery. He then reviewed
the political history of Louisiana since
1872, declaring that there was no republi
can government there. He contended that
the governors certificate was not required
by the constitution to list of electoral
votes, aud in the present case on going be.
hind the governors certificate 1t would be
found the official returns of electors had
never been counted by any one having au-
thority to count them. At the last presi-
dental election congress looked into the
count of the electoral vote of Louisiana,
and its committee reported that the votes
had never been canvassed by anybody hav-
ing any authority, aud the result was that
the vote was rejected.
Justice Bradey-Who made the canvass
then
MIR. Trumbull-1t was required to be
made by the returning beard, which con-
sisted of the governor, secretary of state,
auditor and two other persons, and there
was a controversy rs to which was the true
canvassing board.
Justice Bradley-It was held that the
proper board had not made the canvass.
Mr.. Trumbull-It was not decided in
the report of the committee.
Mr.. Morton-Have you the whole report
there ?
Trumbull-I have. One of the points
stated is that The persons who in fact made
the examination and count had no legal au-
thorlty to do 30.
Edmunds-Am l to understand you that
the judgment of the senate, four years ago,
was on question of fact as to what the
real vote of the people of Louisina.
Trumbull-It is difficult to tell on what
consideration senators vote. The ceriif-
cate of the governor of Louisiana in that
case was in proper form and for some
reason both houses concurred in rejecting
the vote of Louisiana, 50 that if this
amounts to anything it is decision that
the duly authorized certificate of the gov
ernor is not conclusive on the two houses
Of congress.
Mr.. Edmunds--The resolution adopted
there was that all the objections presented
having been considered, no electoral vote
purporting to be tia. OF Louisiana should
be counted. That was adopted by a vote
OF SO to l6. Among the objections was one
by Mr.. Carpenter of Wisconsin on the
ground that there WAS no proper return of
the votes cast by the electors in Louisiana,
and because there was there NJ state gov
eminent republican in form, and because
no canvass or count of votes had been made
prior to the meeting of the electors. An
other objection of similar import was
made by Mr.. Trumbull of Illinois.
Presiding Justice (lnterposing)-You are
entitled to the floor Mr.. Trumbull, unless
you yield. Proceed.
Mr.. Edmunds TO presiding justice, with
some asperity)-Do you mean to say that q
member Of the commission cannot make an
INQUIRY
The presiding justice (authoritatively)
say that Mr.. Trumbull is entitled to the
floor.
Justice Bradley TO TrumbulD under
stand that the decision of the senate In that
CAGE went to the form and not to the point
whether the certificate of the governor was
Or was not conclusive.
Mr.. Trumbul read Governor Warmoth's
certificate in that case and said this one
thing was certainly settled by congress
there, and that was that the governors
certificate might be overruled by the con-
current action of both houses, The report
of the committee was that the vote had
not been properly canvassed. Now we
propose to show that the vote of Louisiana
never has been canvassed that the pretend
ed canvass is a fraud that papers arc
forged, that returns are altered and falsi.
fed, and would like to know whether d
count under such circumstances is any bet
ter than count made by persons who had
not any rights to count. He argued that ii
the action of congress was good for any
thing, it was binding on the commission,
and hence it followed that the commission
were not compelled to accept the govern.
or's certificate. He offered to prove that
the president OF the returning board, with
the connivance of confederates, altered the
Vernon return, and fraud committed by an
officer is fatal to return. Referring to the
constitution of the returning board, he said
the law required that it should be composed
of five persons of different political faith.
| When 1t undertook to canvass the vote only
four members composed it and he claimed
that they were incompetent to do 30, hav-
ing power to fill tho vacancy and not doing
so. lie objected to the electoral votes OF
Brewster aud Levsee on the ground that
they were holding electoral office at the
time of the election and quoted the stat.
utes of Louisiana regulating the appoint.
ment of electors, and in conclusion said
there was no statute which specifically di-
rected the governor to issue a certificate tc
electors. At the close of his argument he
filed on behalf of Hoadley, Green and him
self brief on the subject of the electora
votes of Levisee and Brewster aud Car
penter referred the committee to author
tiles on the point of Gov. Kellogg having
40 authority to certify to his own election
as presidential elector.
Mr.. Stoughton followed on the repub
lican side. The objection that the certi
cate of Kellogg was imperative he re
garded as trifling, as when the vote of Con
necticut was counted Gov. Ingersoll wa
presidential elector at large and his certiA
cate was received without objection.
In conclusion he SAID Talk to me about
outrages, frauds and Acknowledgement Of
voters. There are two sides to the ques