The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-16
WASHINGTON.
Proceedings of the Commission.
The Argument in Louisiana Case.


WARRINGTON, February 15.-The Elec
toral Commission met at 1918.
Mr.. Eyarts continued his argument or
the Republican side. He Contended thai
the right to cast its votes rested on The
State, and was not a grant from the gen
eral government. Whatever power the
Federal Government possessed it held
through the terms Of tho Federal Consti
tuition. In the ninth and tenth articles
OF the amendments are reserved in terms
to the States all their rights that are moi
specially delegated. The whole matter
Of selecting electors, and determining the
mode Of issuing certificates, belonged to
the State. 1t was for the Federal Gov.
ernment TO count the votes after they had
left the State, as in the Florida case, and
so has this body the power Of the two
houses TO count the vote, the permission
being granted those bodies by the Con.
stitutiOn, but not the power OF legisla.
ton.
Considering the power possessed by the
Commission, Mr.. r.lEvarts charged that the
other side had changed its position, hold.
ing in the Florida case, that il had the Judi.
cial authority 10 institute the quo war.
ranto proceeding, and now declaring il
was not \ Judicial body. The duties
were said to be legislative; he contended
that the power vested in the body was
such as existed in the two Houses for
the performance OF the specified
duty to count the electoral vote
not the vote for the electors, for
the two houses did not possess that
power. In regard 10 the ineligibility oil
Brewster and Levissee, this statute pre-.
scribed that they should be waited ior
and II they did not appear until four
o'clock the vacancies we're TO be filed BY
the remaining electors. These gentle.
men did not appear and the vacancy was
declared and filled by the selection Of
these same men. It was, as stated, to I'll
the vacancy that their title to the office
OF electors was to be judged. There was
nothing in the offers OF proof on the
other side that detracted from the
right Of. the Governor to certify the
election. He felt relieved of any neces.
sity to prove that Kellogg was defacto
Governor, for in their first proposition
the other side offered to prove that
through the months OF October, Novem.
ber and December there was no proof
that Brewster and Levisee were not uual-
iiied to receive an election. On the 9th
OF December it was also among the offers
OF proof that Kellogg's certificate was bv
the defacto Governor OF the State, and
this certificate shows for whom the votes
were legally cast.
Before approaching the question
whether the evidence submitted could be
received, it would be first necessary 10
examine what the laws Of Louisiana
were. The session laws OF 1868 contained
two independent acts on an independent
subject; the first relative to elections in
the State Of Louisiana. and to enforce ar
ticle 10S Of the Constitution Of the State.
Tits was the general election law there.
There was another act relative TO the
Presidential electors. These two acts
governed the election in 1876 unless
they were subsequently repealed, which
they were not. Mr.. Evarts here
read provision in the latter act
providing for the filling OF vacancies
II the electors did not appear before four
o'clock. By subsequent legislation the
canyassing section was repealed but all
the rest OF the act was left standing. In
1870 there was revision Of the laws Of
the State, not repeal OF the laws nor an
amendment OF them, but u codifcation,
as had been recently made by Congress.
He referred to the Revised Statutes fol-
lowing the acts OF 1858 to show that thew
had been incorporated in the statutes as
revised. He then read the session law
Of 1870, passed March 10th, and main
tanned that as it made no provision for
the discharge Of their duties by the cleo.
tors, it did not by the terms OF its repeal
ing clause repeal the act OF 1865 as incor.
porated in the Revised Statutes so far as
that related to the discharge Of their duties
He said not one Of the eminent lawyers
who visited New Orleans during Noyem.
ber ever thought TO suggest that Governor
kellogg ought TO count the vote, which
was now the construction sought TO be
put upon the statutes OF the State. Mr..
Evarts argued against the authority Of
Congress to interfere IN the affairs Of u
State and said our foreiathers were so
jealous Of the federal powers they would
not permit the introduction OF federal
fingers in State elections and forbid the
election Of federal officers, but now il
was sought to thrust the thickness Of a
mans loins upon the power Of the State BY
an inquiry through ia Commission into
the election in State. He denounced it
as monstrous the proposition that Con-
gress could sift, discard, recount and dc.
stroy IN election in State. Their posi.
tion in the Florida case was unchanged,
In the absence Of necessary legislation
there could not be a revision Of the
count. He took up the claim OF the
McEnery electors and said that, acting
without the color Of u show Of authority,
neither McEnery or the electors have been
inducted into Office, their action was
wholly void. Inthe support OF this propo.
sition he cited numerous authorities.
sa'S S'aSA AeAAi puppusc oEeMSleT uHu
Levissee had been ineligible, there was
the color and show OF the authority, and
the State was not to be deprived Of an
act which it approved by an objection
raised at the moment of counting the
vote.
In reply to the argument Of Trum-
bull that Brewster and IIevissee, being
ineligible, but six electors were elected,
and hence there were no vacancies in other
cases Mr.. Evarts contended that the office
must be filled or there must be yacan.
cy, and there conld be no such thing us a
vacancy that was not vacant as TO Fed
eral disqualification, and there was no
evidence offered that touched that point,
and Il there was it would be inadmissahle
aS TO StatediSqualifcation. He argued that
an elector was not State officer, but that
the term applied in a like manner as the
primary application OF the word elector
to the voter at the polls.
Mr.. EvartS closed with an earnest de.
tense Of the blacks OF Louisiana, saying
II was proposed To make them victims Of