The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1877-01-26

Inc IOuistn M Returning Board-De bate In
the House ON the Proposition to Commit
The m for Contempt.
discussiou took plaoe upon the resolution
reported by the judiciary Committee in rela-
ton 10 the refusal of members of the Louisiana
Returning Board TO produce certain papers be-
fore the Louisiana special committee.
Mr.. .O'Brien said that the report and resolu-
ton before the House received his entire APP
prevail. The object of the investigation was 10
determine the legality OF the acts OF the Re.
turning Board and to verify the returns made.
Congress had this power, and in this crisis,
when the existence OF the Government itself
might depend upon the true results Of the
Louisiana election, II must resolutely exercise
it to the fullest extent.
Mr. Hoar said he was struck with amazement
that 10 should ever have fallen to his lot TO de-
fend the rights of an American State against
q Democratic House of Representatives. He
laid down this proposition, that whatever
power the House had to compel the au.
thorities Of State TO deliver up the records
Of that State and bring them to the IIonse, to
be kept according to it's will, that the same au-
thority, the Legislature of the State, had over
US as officials within it's jurisdiction.
Mr.. Bland asked il committee of the House
had not the power to eqamine the ballots in
Congress.
Mr.. Hoar replied that the records which
we're now sought for were the records Of local
elections, and the records which related to the
existence Of the Government Of the State.
Nobody doubted that there was certain class
Of records TO which the principle he had laid
down did not apply, but the records of the
election Of Presidential electors were records
essential TO the preservation Of the Govern
ment and sovereignty OF the State itself, and
Congress had no right to lay hands on them
and bring them out Of the territory of the
State.
Mr.. Hereford stated that the House had
never ordered the papers TO be taken out OF
the State. The Returning Board had refused
even to allow an inspection Of them. The
right Of people to inspect public papers never
had been doubted until to-day. Why WAS it
that at every stage of this investigation the
Democratic party met with obstacles and OBJ
jections from the Republicans? II was be-
cause for years past Governors could be de-
throned, and no question, no objection, no
protest came from the other side. Legisla-
lures had been disbanded, and yet no protest
came from the other side. But now the voice
Of the people must and would be heard in de-
Gliding the great question.
MIR. Banks said that the records demanded
were the records on which the existence Of
the State Government and the Government OF
the United States depended. He defied any
gentleman to find in the history Of the United
States single instance in which such q de-
mand was made. No man could justify the
officers OF Louisiana IL they had given up their
records into irresponsible hands.
Mr.. Southland said that in the forty-second
session the Committee on Elections in the
| Senate had been ordered to inquire whether
| there was q btate Government in Louisiana.
and in that investigation the committee sum-
moned to Washington members of the Kellogg
and McEnery Returning Boards, and tue rec.
ords Of both parties had been produced be-
fore it,
MIR. Banks replied that in that case the ex-
istence Of the Government Of Louisiana had
beeu at stake. That Government had not been
established, and the question had been whether
one or the other of these Governments should
be established. It would be conceded that on
the records demanded would depend the
election of President of the United
States. II they were destroyed the erig-
ind evidence of that election would
have been destroyed. II they we're surren-
dered up, they were surrendered (they made
no impeachment on the committee) to abso-
lutely irresponsible parties. They might be
accidentally lost or Intentionally destroyed. II
these records were lost by accident or de-
| stroyed by design, the only evidence that
exists on which the election Of President is
founded, and the Government Of the United
established, would be lost or destroyed, and
manifestations of interest and applause, even
that yell which had became historic, and
which was heard yesterday, showed 10 what
extent some men not connected with the
House were willing to go in such matter
What was the foundation for this extraordi.
nary unparalleled, and unprecedented de-
mand, which would take from the Govern
ment the very evidence and foundation on
which it's authority and right to existence
must be based /? Mere public rumor and
whence did it come From the party inter
ested in the destruction OF the original EVIL
dence. The State Of Louisiana, he declared,
ought never to yield those papers, except to
overwhelming force and the Government of
the United States ought never to suffer the
State Of Louisiana to be deprived Of their pos
session, except by power greater than that
of the United States
Mr.. Hurd defended the resolution, and ar
gued that the only question was whether the
House of Representatives had power to enforce
the production OF the papers called for by an
investigating committee. and now in the GUS
tody of the Louisiana Returning Board, and
when the gentleman on the other side inter-
posed objections that the States had rights
which Congress could not interfere with, they
simply begged the whole question. The ques-
ton was whether Congress had the power TO
inquire. 1t it had, it necessarily followed that
it had the right to call for the production Of
the papers incident to the inquiry. The records
called for were public records, and must be
pIOuuCeu 1OT tn6 lnIOTutJlOn Oh tQ6 pubic.
The members of the Louisiana Returning
Board did not hold these papers as officers
but as individuals, and as individuals they must
respond to the writ, and produce them before
any tribunal that had the power to order their
production. He thought that the allusion
Yesterday OF his colleague (Gsrfeld) to the
Plaquemines fraud in 1874 was most unfor-
tunate one. His colleague had said that the
Wing party of that day acquiesced in and sub
mitted to that fraud. lie would say now, how
ever. that that acquiescence in fraud and out
rage was not precedent that was to be fol-
lowed by the Democratic party or by the people
of the country at this day.
Mr.. Kasson regarded the proposition before
the House as a usurpation OF power danger
GUS to the future peace .and welfare of the
republic.
Mr. Cox, of New York. closed the debate by
saying that the State OF Louisiana lies pros
trate, but she is just as necessary now to the
great West, to the great North, to the whole
country, IA she ever was, and she las poten-
tial voice in determining for this people who
shall be our chief executive. Let us not, Mr..
Speaker, allow that voice to be throttled or de-
spised, and let US carry out the authority of
Congress to show the people that the voice of
Of Louisiana has been given for liberty for
peace, for honesty, for democracy, and for
Samuel j. Tlden.
vote was taken, and the resolution for the
arrest Of the members of the Louisiana Re-
turning Board and their production before the
bar OF the House. to answer for contempt, WAS