Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-03-03

the admiral Of the navy, the general Of the
army. two naval officers TO be designated by
the President, two senators, and three MEM
bers Of the House. Adopted, with an amend
men, offered by Mr.. Beebe (Dem.), of New
York, providing that all the expenses incurred
by the commission shall be borne by the mem
bers thereof.
The Electoral Tribunal.
Mr. Carpenter spoke some minutes in support
of the proposition laid down by him that the
Presidential electors are Federal and not State
officers. He read from the State constitution of
Louis ana several sections asserting that they
clearly limit all judicial power to the courts
the judicial power-conferred upon the return
ing board must be regarded as fully unconsti-
tutional Mr. Carpenter said they would show,
if allowed by the commission, that not single
parish in Louisiana sent to the returning board
any evidence in the form prescribed by law for
the purpose of throwing out votes on the
ground Of intimidation and violence. He read
from the report on Louisiana signed by MesSrs.
Hoar, Wheeler and Frye, certain passages. He
said that Mr.. Wheeler would be, he thought
very much surprised to find himself counted in
by a board which he had Joined in condemning
for doing precisely similar thing. Mr.. Car
penter's closing appeal to the commission was 1:
"Do not attempt to staunch blood with fraud,
and invite the overthrow of our institutions.
Mr. Trumbull then offered the evidence on
the Democratic side:
First-That William P. Kellogg, who appears
as HAYES elector, is the same person who
was de fdctO governor of Louisiana.
Second-That William P. Kellogg was not
appointed one of the electors of Louisiana in
1867 and that the certificate was untrue in
facts; and to show this certified copies of the
lists Of the commissioners of election.
Thrd-That the names of the supervisors of
registration were fully and fraudulently omit
ted to the return part of the votes in several
parishes. and that z, 267 votes against Kellogg
were thus omitted.
Fourth-That by the consolidated statement
of the supervisors of the registration it APP
pears that the said Kellogg received 3, 459 votes
less than each of the Tilden electors
Fifth-That the returning board wilfully and
fraudulently estimated and counted pa votes,
which were not given in any precinct of the
State
Sixth That the votes cast on the seventh of
November as shown by the commissioners
have never been compiled nor cauvassed, and
that said returning board never even pretended
to canvass these returns, and only canvasSed
the returns made by the supervisors.
Seventh-1hat the votes given for electors
have never been opened by the governor of the
State in presence of the secretary of State, the
encouragement of the State and district
JuuSG 1T lllt hGdl Vi BONefnlu6uJ llOI Illus he
examined the returns and ascertained whether
any one was elected, but that he knew when he
executed the certificates to himse and others
that he and they had not received within 5000
of as many votes as had been cast for the Tilden
electors.
He proposed fourth to show that in Septem-
Der, 1876 Kellogg and others in the city of
New Orleans, including the members in the re-
turning board. entered into an unlawful and
4 10
to be certified and returned to the secretary of
State by the returning board upon their pre-
tended canvass that Kellogg and others had re-
ceiyed majority of all votes cast at that cleo
ton for electors, whether such should be the
fact or not and that the returning board in
violation of the law Of the State, on the twenti-
eth of November, 1872, refused to compile a
statement of votes made by the commissioners
of election in regard to the election of electors,
but they did canvass and compile only the con-
solidated statements and returns made to them
by the supervisors of registration in the sew
eral parishes and that the board altered,
changed, OF forged the consolidated state
ments or returns Of the supervising registrating
officer of the parish of Vernon, in the following
manner.
Mr.. Trumbull proceeded to state the grounds
of objection to five of the Republican electors,
and charged that in violation of the Constitu-
ton they held other offices when elect
ed. Mr.. Trumbull commenced his argument
with a general discussion of the power of Con-
gress and the commission to prevent an election
of the President of the United States by fraud.
The commission, he said, is q legislative body,
which need not be hampered by any technical
rules of evidence; therefore it could decide fol
itself in regard to receiving evidence in this
case. He asked: Is this commission formed
merely to add up figures or to examine and con-
slider all questions submitted and decide ac-
cording to the law creating it? He held that
the two houses of Congress have decided that
the certificate of the governor in due form, as
in the Kellogg Pinchback case, is not binding
upon Congress- All the committees, he said
who have visited Louisiana and reported tC
Congress for years reported that the returning
board has absolutely no power to do anything
but count and compile the votes, and that they
have no jurisdiction in the way of rejecting
votes, unless foundation is laid.
Mr.. StoughtOn followed for the Republicans
and said that in the Connecticut election Gov
ernor ngersoll certified himself as eector- at
large He held that the fact that Kellogg,
demand for troops was granted was conc usive
evidence of his right as governor ; that the re.
turning board had full power to act, and that
it could act as well with four as with five mem
bers, and held that all questions in Louisiana
are determined by the Florida case He argued
that the power to take testimony by Congress
is for Legislative purposes only, and not for the
purposes of an electoral count; planted him
self on the letter of the law, and closed Will
charges of intimidation and blood.
Mr.. Shellabarger followed, also for the Re
publicans, in q legal argument. He held tina
the returning board had legal right to 81
with four members, and defended the char
acter of Wells and the other members. He as
serted that the provisions about protests being
attached to the returns was merely directory
and that these acts could be done at othe
times-this to justify the preparation of affida
Wits and protests in New Orleans. He said tina
certain things, asviolence and impossibility ex
cused the failure or omission to do so, and pro
ceeded to say that, under the maxim of lay
which holds that every officer is right until h
is shown to be otherwise, the returning boar
was right. He added that if wrong was don
the defeated party had its remedy in the courts
and ended with charges of murder and lntiml
dalton.
Mr. Evarts gued for the Republicans " tina
the certification of electors by State is finf
and not renewable by Congress or any tribune
that Congress can create" He held that tn
! Federal government can confer nothing upol
a State, since it came into existence by til
consent of the States that it has the right
create electors, and the general governor
! has no right to inquire behind the fact, an
that the only power that could have been d.
f gated by Congress to the commission is I'll
power to count without scrutinizing the ele,
toral votes.
He took ground in regard to the certifcatio
of the Louisiana electors.
First-That Kellogg, whom the opposin
counsel had admitted TO be governor de fac
in their printed offer of proof, had right
make the certifcation.
Second That the facts rendered to the go
ernor concerning the election warranted him
making it,
Also that the certificates of the alleged incl
gible electors Brewster, surveyor general, al
Levisee, port ommissioner-formed a prop
and lawful part of the recorded result. I
held that the commission could not understaT
the real condition of Louisiana, and chargiI
intimidation as an offset to the ustrpation al
illegal action charged, he said "1he violen
that ravishes or the fraud that secretly pu