The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1877-02-24
CONGRESSIONAL.

ated, we are fitted for the slavery that
VIII follow the inauguration
CONGRESSIONAL.
Hne Deefsfon Of she Com ns ssston Pre-
scented. Giving Louisians Co Hayes
General Gibson. On the Pert OF the
Democrats. catered . rrosest-mor
ton Jusfines Its Aes In . Lengthy
Harsnxue.
WASHINGTON, February lathe
House on assembling at 10 O'Clock took
recess until IL, and precisely a, that
hour the Senate arrived at the hall of
the House and took the seats allotted
to 1t on the right Of the chamber. The
officer then handed to the tellers the
decision of the electoral mmission.
giving the votes of Louisiana to HAYES
and Wheeler. He then asked if there
was any objections to the decision.
General Gibson, of Louisiana, presen-
ted objections, signed by nearly all of
the Democratic senators and repre-
sentatives, and other objections were
submitted by Senator Wallace. of
Pennsylvania. ard by Representative
Cochran, OF Pennsylvania. These
having been read, the Senate retired.
and the House, on motion of Mr..
Wood, Of New York, took recess un-
til ten tomorrow. Yeas l40, nays ls0.
Previous to the return of the Senate
from the House. Mr.. Sherman submit
ted resolution that the decision OF
the commission upon the electoral vote
of the State of Louisiana stand as the
Judgment of the Senate, the objections
made thereto to the contrary notwith-
standing.
Mr.. keernan submitted a substitute
for the resolution OF Mr.. Sherman, as
follows:
Resotred, That the votes purportiug
to be the electoral votes for president
and vice-president, and which were
given by William z. Kellogg, j. IL.
Burch, Peter Joseph, l.. A. FeIdou,
| Morris Marks, A. B. Levisse, A. III.
| Brewster and Oscar Jefferson, claim
ing to be electors for the State of
louisiana, be rejected, the decision of
the commission to the contrary not
| withstandiDg.
The question being on the substitute
OF Mr. Herman, Senator Thurman said
while the statutes of Louisiana created
a returning board consisting of five
persons who were to bold Office indifi-
nitely and with power to fill all vacan-
cies that might occur it devoived upon
these men to say who should hold off,
ces in the State. The question OF who
should hold office depended not on the
will of the people, but upon the will OF
the returning board and he believed
such board was utterly a destruction
Of Republican form of government.
The State of Louisiana, under its con.
stitution. had no power " create such
q board. The acts Of that board were
unconstitutional. null and void. even
II the acts were not unconstitutional
They were not legal in canvassing ths
votes of the ninth of November last
because the statute required that the
board should be composed OF five per
sons, Of differen. political parties, buI
in fact, it was composed of but foul
persons, all of the same party, aud they
steadily refused to fill the vacancy
} The duty of that board was to canvas.
and compile the returns of the com
missioners of election but the testimo
. by showed that they did not do so
} The proof which counsel offered befor.
, the commission should have been &C.
cepted and In that opinion he was for.
, titled by the action Of b.th Houses o
: Congress four years ago In objection t,
, the vote Of louisiana He reef rred t,
, tho ineligibiiity OF certain electors il
that State and says he could not regar,
, that other than as notification o
> the constitutional provision OF
. that subject. Under this decision, u,
. matter by what fraud a man might b,
3 elected president or vice-president, o
how ineligible an elector might be
/. there was no power to inquire into i,
: The vote of an ineligible eleetor mus
Q be counted and neither the State no
] Congress could right the wrong. II
4 utterly dissented from such decisioi
!, as being destructive to Republican
!, government. The decision would hay
q the effect of proclamation to = di,
honest returning board TO perpetrat
4 | whatever viiiainy their interest
Q might dictate, With the absolute ce,
( tainty that they would be successful.
!. Mr.. Morton followed and said tn
e statute of Louisiana, creating the r,
: turning board, provided in expres
/, terms that majority Of the mum be
's should constitute quorum to do bus
ness and make returnA The .boaz
= was to consist Of five persons, TO /
+ elected by the Senate, and three Of TIM
number, BY the exprsss terms Of IL
o act, are quorum TO do business. The
Il were four on the board, one more tha
majority, and the electoral commi
70 mission has decided that the boaI
8, was properly constituted. On the osl
., or hand II was argued that the exia
/. ence Of single vacancy destroyed u
:, board. The commission said moi, ups
A. the very beat settled principles Of is'
y The constitution provides that Il
4. Senate shali consist Of two senate
from each State, yet vacancies from
i half dozen States will not destroy a
n legal character Of this Senate. II
law provides that the supreme cou
y shall conaise ofs certain number
to judges. and two OF three vacancies y
L not dsstsoy he Legal eharaslsr Of u
- supssme eooEL aad - hs eoald n
b. 1peqgh ths law n rugasd 10 eospel
I'll ti0dt - spsstal tsihunala There .
= certain nsniniens Esaspa ssrQsrll
=. ministl ~ pGgpeneD Gognsefnnst, vha
~. ~. - z R0onnen ~ - onm1nana5