The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-15

made by the Returning Board, whlcn
consisted of the Governor, Secretary OF
State, the Auditor and two other persons
and there was a controversy as 10 winch
was the true canvassing boards:
Justice Bradley-It WAS held that tns
proper board had not made the canVassf
Mr.. Trnmbull-It was not decided IN
the report of the Committee on PrlVi'e'
ges, 40 uhole
Senator Morton-Have you the whole
report there? A.
Mr.. Trumbull-I have, One of the
points stated IS that persons who In lact
made the examination and count hau ho
legal authority to do 80. -,
Justice Bradley ITO Trumbull)ol un-
derstand that the decision OF the Senate
in that case went to form and not TO
point whether the certificate OF the GoV-
ernor was not conclusive. o.u
Mr.. Trumbull then read Governor
Warmoth's certificate in that case, ana
said that this one thing was certainly SET
tied bv Congress there, and that was the
Governors certificate (the same as that
known as No. in this case), might pc
overruled by the concurrent action OF the
two houses. The report OF the commit
tee was that the vote had notbeen prop
erly canyassed. Now, we propose to snow
that the vote of Louisiana has never
been canyassed; that the pretended can
vass is fraud; that the papers are iorg-
ed. that returns are altered and talshed,
and | would like to know whether a
Court under such circumstances, is any
better than Court made by persons
who had not any right to count. II the
action of Congress is good for anythlng
in that case it must be binding on this
Commission.
Mr., Trumbull next argued against the
legality of the Returning Board, and in
sisted that it was not competent for four
persons to act. .n..
Senator Edmunds-Your point is that
no stems could be taken by the Return
ING Board until the Board was full
Mr. Trumbull- No step could be taken
until the Board was full, they having
authority to fill it. Possibly, a different
rule might apply if they had not the
power to fill vacancies. insist that the
Board could not 60 on without hlling up
|
the vacancy. ~ ..eoI NJ
Trumbull that his time had expired, pu'
in consideration of the various interrup,
tions to which he had been subjected
some further time was accorded to MIN
which he used in presenting opJtec4llons 70 70
the electoral votes of Brewster % LeVlSee
who held Federal office at the time ol
Jrstice Bradley-Do you intend to
prove thatthey were Office holders at the
time they were electedf
Mr.. Trumbull-Yes. -, ,ou,
Justice Bradley-And that they were
Office holders at the time they cast theli
votes2
Mr.. Trumbull-No. understood thai
proof will show that Brewster tendeTeo
his resignation on the 4th OF November
and that it was accepted on the 10Th, anc
that verv singularly it was accepted tc
take effect on the 4th, some twelve days
before it was received at the Interior De
partment. Doto,
are to he counted, and if a man Is to bt
made President of the United States by
counting their votes and the votes o
Louisiana, then tits done by mere form'
of law contrary to the principles OF In'
Constitution of the United States, and II
violation of the rights of the people.
Senator Thurman-ls there any statute
of Louisiana that requires certificate o
the GovernorP
Mr.. Trumbull-There lisa statute WhlcI
rsnnires a Governor to commission al
officers, except certain persons therein
named, which do not include Presidential
Senator Thurman-That is the law. o
1872, but is there any statute requlrlnl
him to issue certificates to Presldentla
electors. .ou-
Mr.. Trumbull-No, sir, not specifically
Mr.. Trumbull was followed by Messra
stoughton & Shellabarger & the Commits
sion adjourned until ten o'clock to NOR
T row.