The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1877-01-18

right OF the Commission to 90 behind the action Of
the Returning Board, and be could not pei eive
that any question, much less the main question.
was now open for argument He quoted
report made by senator TrumbuIl to the effect that
neither the Senate, nor the House, nor Ooth
ton to canvass The returns OF an election, and
that the mode and manner OF choosing Electors
was left exclusively TO the States he also quoted
on the same point letter recently published rom
ex-JuSlge Church, Of New York, whom ne eharae-
teIlzed as great IaWy CT, an upIlgnI Juuse anu
a pure politician. He went on to argue
ILat tHe tate CoIteCIs ne II 5 u e. ~,
oHceIs ana Goes not Apply 70 congress - toL tHtt
purpose, and that Congress would best perform It's
ing these occasional frauds. that are sometimes
assumed, and sometimes offered to be proved.
jurisdiction over them. Congress might have the
power, but il did not have the right to disregard
the highest legal authority of State. Continuing
turning Board of Iouisisna- for moi having filled
| the vacancy IN The Board, he said that
/ the law on the subject merely directory
fere in any manner with the CAPACITY OF iursiic-
/ ton OF the Board II two or five members had
been Democrats, and had afterwards changed
/ their politics, would the Board, he asked, have
| ceased to exist on that account
| In conclusion he said: Talk to me about out
rage, frauds and the Acknowledgement OF voters.
There two sides to the question, and il yOu
mere TO go Dack and canvass the votes you SIT here
| 70 administer the laws Of Louisiana, and you must
/ franchised, ana what was the lawful vote of that
State, in harmony with her laws and not in haT-
| Mr. SheIIabarger next addressed the Commission
/ on the same side. BE argued that the act OF 1872
old govern in 1876 during the Presidential election,
| for the canvass of Terurns' nv Tbe Board
and Governor, was repealed, and was not in force
in 1870, for that provision which made
| the Governor the canvasser for the purposes OF
the election was inconsistent with the iftY-Ourth
section Of the Session Act OF 1870 which expressly
| Guiding the Electoral College. 1t was also re-
peaIed by the repeating clause of the Session Act
| The Election Law of 1872 applied to all elections
and furnishes the machinery or means OF conduct
ing all elections IN the State including the Elec-
| tOTal College. But II may be asked, said the
force that provision Of the ao Of $50 HeT revs
| ing that of 1868. which provides for filling the
have just been stating answer, hrst OF all, that
it is exceedingly benign canon
OF Interpretation that a law is never repealed
by new act unless it is either expressly so Done
OF else the repR 9 De suen Ihat II would
together, and in using this language am but re-
! pesting the words of the Supreme Court of the
! United States as announced on many occasions.
| Another rule Of Interpretation is this, that in
! cases OF doubt, whenever an Interpretation would
huItfnl to the public welfare that interpretation
s Gtd n'' NC 'O'- ''O' ''' '''" - pO'
The next step is this: Is it possible TO escape the
conclusion that under the legislation of L0uisIan a.
| Louisiana was dIsfranchised2 Aud invite
| the gentlemen the other side. WIG
the Electoral College can be filed, TO show me
some statute that forces upon you, either
| depreciation. the conclusion that Louisiana has
There Is nothing to repeal IN tnat section winch
provides for filling vacancies under the law OF
dO0 the u act 6S of 18s Which says that ali
other acts on the subject of election la VS.
practical construction that has been given
the law is conclusive. This law has been
Presidential elections; for all Presidential cleo
rons that have been held since 1t has been on the
statute book, have been conducted under it, The
counsel proceeded to argue that Mr.. Kellogg was
the rlghtfuI Governor OF Louisiana. and continued
as follows: Now, I take the language of the
Supreme Court of the United States. II is in these
words" 1T rests with CONGRESS 70 decide
what government is the established one in
a State, and when Senators ana repre-
into the councils Of the Union the
theyare appointed as well as its republican char
acter is recognized by proper constitutional author
ment of the Government, and could not be ques-
toned in any judicial tribunal"
Mr.. ShellabaTgeT next argued that the Return
ing Board was a legal body, and that the Electors
| objected to were not ineligible. come now, SAID
| the counsel, to the real question III this case
and really the only question there Island that one
of FIorida-and that Is whether or not it Is
competent for you to go behind the action OF
of finding out what happened In its exercise Of the
jurisdiction bestowed by by the STATUTE Upon
; to say that any intimation that when
finding Of that Board that we are thereby cover
/ ing up frauds or seeking to escape scrutiny
[ has not even a sembla3ce Of fairness
Tt i'll becomes my friend to talk TO Us about this
PTegdency Of the United states by fraa its
: We hear them saving that The enforcement
of the legislative Executive and judicial Depart.
ments is complete and that Congress could not ex
counsel says "Oh, yes you have all the judicial
powers, you can do something that qleo lrgTraHtC
can DO, and because a quo tcdiTG'1to can
try this thing you &C can try. try it." , Then
another a GaSe sa Wg ma these s0
is Governor OF Louisiana and, therefore, he is DC
+ them coming forward and saying, "0h he Is
r no officer at all. He is not Governor
this argument by an allusIOn to what has been the
weight and burden on the other side. It is IN re-
rarH n iV 10
ana Why, gentlemen, can you smut your eyes
Certainly ce ' one Of the saddest chapters in
: American history. By actual count, through the
2 aid OF General Sheridan 1t is now set down as
e part of your history. that / this bIGhted and
blasted State Of Louisiana four thousand odd
J citizens have been murdered-murdered by plan
murdered by a system, by an organization
l murdered for the purpose Of putting down the
has been going on and on through these dark and
terrible years II was my misfortune gentlemen 70
go once Inyselt IN 1866 TO TINS STATE sent Dy thG
Congress Of the United States and
men, and when was taking it literally sat with
my feet in pools Of human blood. shed in putting
they did put il out, oh. right well and effect
ually. Gentlemen OF America-that IS a higher
designation than the gentlemen OF the Commission
remember that there is on trial here tonight the
GHgS9n TneE of fSt 4rf
iature to make laws of protection Of the right o.
freedmen to vote. II You fail to execute
these laws you will have stabbed your country il
the life Of the country is to De found and to re
side, to wit, the freedom and purity OF th'
ballOt-DoX.
Adjourned till tomorrow.
| WASHINGTON, February 15.-The Electoral Com
mission met at 1915 and Mr.. Evarts continued the
argument on the Republican side. BE COntendeC
that the right to cast Its votes rested the State
and not grant from the General Govern
= ment. Whatever power the Federal Government
possessed, IL held through the terms of the Fed
eral Constitution. The ninth and tenth articles O
| amendment reserved in terms to the states al
rights not specifically delegated.
The whole matter OF selecting an EIector, deter
] mining the mode and issuing the certificates, be
e Ionged to the State. 1t for the Federal Gov
eminent to count the after they had left the
State As in the Florida case, here, this body