The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1877-03-03


4 tin things. ss violence and iulPo@ibuitT e&'
cused the failure or omission 20 do % and pro
cyscded TO sAv that, under the maxim OF u"
which holds that every officer Is right until he
B Is shown 70 be otherwise. The rrturling bN=u
WAS richt. He added that II wrong Vas done
the defeated party had Is remedy in the court,
and ended with charges OF murder ana inuui'
da;ion-
Nj. Evsrts argued for the Republicans that
the certifeatioR Of electors by state u maj
and rot revirEsGlc Iy Congress OF any tribunal
that Congress can create" He hell Mat the
Federal government can eorfcT nothing rpon
a State. since il came into existence By tho
d consent OF the States that il has the right 70
create electors ard th:t tbe ceDersl :uyCr5.sle
has no right to inquire tehind the isct. and
that the oaiy poEvr thst could haze bStu de-
fCgated by Congress 10 the commission : The
power to coun; without Sc:ut:aszins TIE t'eS-
iOFal votes.
He took ground in regard TO The tG5;-acaitoa
Of the Louisiana electors.
Fi-.s-Thas Kellogg. whom the opposing
counsel hai admitted to 10 governor ., jdet0
In their printed Offer Q! PsoOt, Lad r:SAt TO
make tie ccrtiScat:an.
Seeond-Thst the facts rendered to the GoT-
cr1loE concerning the election warranted LlGi IN
making il.
Also that the certificates Of The alleged ineli.
CHILE electnr$-ReWstGr. surveyor general and
+, LeviSee, Vort couulissicueE-fcTEled2 proper
and laEful part Of the rccor1rd result He
held that the commission could not understand
the real condition OF Louisiana, and charging
intimidation as an Offset TO the usurPatnn snd
Illegal action ehAr2ed, he sa:d: "Ihe vio!enee
that raviSheS, or the fraud that secretly pr
IoIus the virtue aud the right o! American Citi-
zeus-which il the wort?
In regard to the iaeG:ihitr Of Brewster and
Leyi$Ce he said that the Constitution NGs not
guilty OF the folly Of prescribing thai State
should not elect 10 the Office Of e!ector ~
hoaored citizen who fills within its borders
place Of public trust. Tie State hSs nigh: 10
decide for itself what electors it viii choose /:
80 SAY that an ineligible man can't be elected
i. 10 say that the forbidden trtrt couldn't Be
eaten. In respect 10 thee tEo electors. they
have been elected, and the State Is not to ~
trippSd up IN Transaction satisfactory to it.
self By any extEapeouS evidence Of tho fact.
y judge Campbell. for the pemocratS said that
the President, being Federal officer. the po-
I itieA head OF the Whole people. and their Gre
! alton, they have right, through this tribunal.
10 inlrire into his oFfr.n Where, he asled,
where else VII every man IN the United States
. Re REPRESENTED In the final decijOn?" The
jurisdiction VI the Federal government over
the decision In this case Is, he argued. shto-
Lutte. The State received permission to appoint
! Presidential electors, fsom the Federal CouSti-
tution nAy. Il received : command TO that
eject Each State. by the terms OF the Con-
stituton. "lhall. thGf l. 10 say. Is required to
appoint Presidential electors. He said that the
count OF electoral votes has more than once
been proved to be BIZ the suSer1nee OF Goa
SreSs. since Congress did use its power to re-
! iect the electoral vote OF seven States for
President on the ground that they were IN re-
T., heIiion. he remarked that the power In tie
State 10 sPpoiht electors was tTust power ne
turned to the StAtes. and mot bsuble TO be
played With. IT." be said. "the ro!ce o!
State. as uttered In the choosing Of electors, be
All uncertain voice, Congress can refuse to hear
it. You must Be assured that It Is the State
that speaks 10 you before you count its votes.
: The States vosce Is not sure. to X uttered b!
aeorporatioa, 1 returning board.
BE aid that unless Congress could remedy
! fr1ud the people Of Louisiana would h left
without remedy st al against any, even the
most atrcci0us and transparent. frauds Of s re-
turning board. That the Election act Of 1879
{ in Louisiana repealed all acts and parts Of acts
/ previous to Ii, and consequently wiped out the
: sections in the act Of 1883 providing toE mode
OF election. Therefore. a the subsequent act
Of ls72 vrovided no method. the returning
: board was required by it. o2ths to count the
elertion: but. instead OF doing this, 1t aesptsd
Z What witness has called 3 ''ccatAbulAttd
Z statement ty the supervisor. That the ortis-
sion. uorS ;aSu that, the Refusal Of the return
ilg bO1rd TO 1.-The Vacancy which occurred and
shi:l. il dcspi;s Of the provision Of the lag
uGdCr which it acted. pEOTidinE that al PoE-
dial psr.ieS should lie sePress nled on It. acted
throughout with four meIahsrs Of one poGiicS
Pgr:y ouly. whites al! It's proceedings.
Il ieSrst sess!1a Of the commission NJ. HosF
submitted the following:
Ordered, That the erideEss bs not received.
1lr. Abbot. o5ersd the following sa 4 sahst-
tute:
Reso,esd. That ev!deaee be received 20 show
th3; 10 nath CT The act Of LoUi.isns - estst-
Gihes the returning board for that Safe ts IT,
constitutional. and tie acts Of the said return
ing hoard are void.
This E4i rejected BIS the following Tote
YeAs-MessTs. Albeit. B1rIrd. Clt9osd, Field,
HuatoE. Payne and Thuruaa-1.
Says-Ne.srl. Bradley, EdIunds, FreE2s-
huysta. Gsrde!4, HoAs. Miller, Morton AID
Strpag-S. 10 -.
4 au;ab+r Of other resoIgti1ns Of similar
R.tE:e EeEe presented by the Denacra;s, but n
eyesr case thev we've vp.c,l doun-the vote
.t.:ldiac IN each case StoT.
senator Motion then offered the follow ing:
in ceftiSc.:r number one we're tic lsufcl eiee-
tors o! the State Of LouiiA2A. and that theiI
vu;es are the voieS provided b. the Constitution
Of the United S.Gsg.. and should hs counted sct
President sad Tiee-preSidsat.
The resolution Was adopted by vote Of 70
!. - follows
Ycs.-Yrs.rs. Eg4Iicr. Edzaai.. FreNas.
huYsen. Garfield. Ho1s. Miller, Morton AID
SirocS-S.
Nay-Ne.s-.. Abbott. Bl-asd. CEsOsd, Field,
uuatcn. PArue ard ThGrnaR-I.
Jrss5cs.s NIiEIer and BEId!er ard ReprtAeE:a.
iVt HoGr were IEn appointed { cuArailtee 70
DAFT ! rEpcrf VI tic GsSis:oc, With brief
ftAte1Aeat o. tie ssAso:s therefor. 70 /: signed
bT the EeEetrl agreeing therein. AID 10 be
Z transmitted 10 the Joint sessiOn Of the rEo
houses g required b the Electoral act
Tie report Ess sized b. MesSrs. Adlef,
StrcuS, BvAdiey. EdmuadS. Merton. Freltng-
huysen, Garfield aud HoAs. The rsEeEt Is -
fellows:
The Electoral commission having received
certain Certificates and papers puEPcTtirs to lie
Certificates Of The electoral vOtez OF tic SAFE
Of Louisiana and certain papers accompanying
tie sarrs, and the objections thereto. report
that Il has Gr,ly con sideresi the raus, snl has
decided and does hereby decide that the votes
Ct wni, Pitt kellogg, o. Il. Brewster, A. Il.
I.sTSske, Oscar Jsdfiun. Peter JoteFa, J. Il.
Birch. L. \. SheidOu, and Morris Marks, R2ntd
in nc ce.tifsAte OF YIN. Pitt kellogg. goysr1o.
Of .Nid State twliteh votes arc certified By said
persons As spPGar. by the certificates submitted
70 the commission - Aforesaid, and nlAEErd
number one BY s1id commission, and herewith
returnet) are the votes provided for 3! econ
,tiiutiou Of the United States. and that Tx
.1rne are lawfully to Il counted A. therein Ger
tiicl-nlnely: eight votes for rutherford D
Have, Of the state Of Ohio, for President. AIit
eight votes for Vim. A. Wheeler, Of the STATE
Of Sex York. for vice-FEe-Edens The com
mission aEAo decides sod reports that the eight
persons hrst before famed were duly appoiutsS
electors in and br the said State Of Loui,i4r1
; ThS ground Of this decision. stated briefly, il