Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-19
THE CASE OF LOUISIANA.
The Action ofthc Returning Board The
Question of Bntimid OF
Hon. Johs Sherman, of Ohio, In the
United States senate, Jan. d, 1877.

The Action oftho Returning Board -Th'
Question of Bntimidation ion-speech o.
HON. Johs Sherm.n, of Ohio, In tn,
United States Senate, Jan. D, 1877.
Mr.. Sherman said 81 am tired of hear
ing the action Of the returning board o.
Louisiana arraigned as false or fraudulent
and therefore propose now to discuss the
general question whether the evidence before
the board of returning officers of Louisiana
was sufficient to convince honest men that al
the recent election in that State for Presi-
Dental Electors there was intimidation Of
the kind and to the extent contemplated by
the law of that State to Justify the return
ing board in the forum of conscience and
honesty in excluding from their returns the
votes of large number of polling places
where the intimidation materially changed
the result of the election. | have already
sufficiently discussed the legal aspects of this
election. In the letter to the President
signed by me with others, and in the debate
that followed its presentation to the Senate,
the laws of Louisiana were fully set out, and
the authority of this board was shown to be
full and its finding conclusive until set aside
after n contest according to law. The elec-
tors certified as elected have met and re-
corded their votes for Governor Hayes as
President of the United States, and Mr..
Wheeler as Vice President, and their votes
are duly authenticated by the governor and
the secretary of the State of Louisiana under
the great seal of that State, and have been
delivered to your presiding officer. By the
low Of the case the action of that returning
board is entitled to the same faith and credit
that you give to the return of any officer of
any State. or to the judgment of any court
OF the United States, and upon it Governor
Hayes and Mr.. Wheeler are legally entitled
to the vote of Louisiana for President and
Nice-President.
But, sir, while insisting upon the legality
OF this vote and its binding operation upon
us, do admit that at the bar of public
opinion something more is needed than to
show that an act was legally done. 1t must
be rightly done; and especially must this be
so where 1t involves the election of Presi-
dent of the United States. 1t must rest upon
the broadest principles of honesty and JUS
tice. Other titles may be doubted, but this
title, like the virtue of Cesar's wife, should
be free from suspicion. Ii Governor Hayes
Is returned elected wrongfully he can gain
no honor from even so high an office. If
Governor Hayes is not only legally but right
ly elected by the vote of Louisiana cast ac-
cordiug to the laws of Louisiana. he can no
more refuse or avoid the performance OF the
duties of President of the United States than
he could shrink from the protection Of his
wife, his children and his house. And,
mark 1t, gentlemen, though you know he
has not unduly struggled Tor this Office nor
purchased it. yet if it has been rightly con-
icrred upon him in the mode provided by
the Constitution he will exercise its powers.
lie IS not to be tricked out of it nor bulled
by menaces or threats. If there is any way
In which an honest dispute about this mat
ter can be settled it il the duty of Congress
to point it out and /, for one, in the effort
to bnd legal, just, and peaceful solution
will listen to every proposition and yield to
any one that consider fair and right. In
the mean time wish to present you the
case of Louisiana before the returning OIL
GERS OF that State, as it appeared to me, II
deeply interested spectator who was con-
vinced that Governor HAYES is not only en-
titled to that vote by legal forms but also in
honor and conscience.
The whole case turns upon this clause Of
the act of 1872:
II. after such examination, the said returning
officers shall he convinced that said riot, tumult
acts OF violence, Intimidation, armed disturbance,
bribery, or corrupt Influences did materially in
teriere with the urIy md freedom OF the election
at such poll or vctins place, or did prevent sum
oent number of the quaIhed electors ihersat from
registefin ing ana v"tu= Ia materially change the re-
suit OF the eleetth then the said returning omcers
shall not canvass or compile the statement OF the
votes Of such poll voting place, but shall exclude
1t from their returns.
The returning cficers did find that intim-
idation materially interiercd with the pnr-
ity and freedom of the elections at certain
polls or voting places and did exclude them
from their returns. The only question we
have to deal with in this appeal to public
opinion is, was the evidence sufficient to con-
vince fair, honest minded men of the exist
ence of such intimidation, or, rather. was
the evidence of intimidation 80 weak as to
raise the presumption that they acted cor
ruptIy or dishonesty? The law presumes
that an officer will discharge his duty. and
upon this presumption all official acts, wheth-
er ministerial or Judicial, rest. If l were
debating this matter solely on legal pre-
sumptions could rest here; for there is not
in the whole case single scrap of evidence
that the members of the returning board
acted either corruptly or in willful disregard
of the rights of others. The temptation
was all the other way. The local returns
including the intimidated districts. showed
a majority for the Tilden electors. Every
motive that could influence a corrupt or 4
weak man would lead the board to decide IL
favor of those returns. Wealth, social in
fuence. their personal safety and conyen
ience, all tempted them in that direction
They were all property holders, and all bu'
one natives of Louisiana, and he was ma
tive of Virginia, but planter in Louisiana
for forty years. There was nothing to lead
them to decide in favor of the Republican
electors except the plain mandate OF the law
that if they were convinced Of the truth o
alleged facts they must do so. They wer'
Republicans, it is true, elected by a Repub
lean senate, but when selected were of diff
fering parties but the returning officers o
all the States are open to the same objection
1t is generally true that the political opin
ions Of returning officers are in harmony
with the prevailing party in the State.
The testimony before them must be exam
ined in the light OF all the historical TACT
in the history of Louisiana. and the well
known facts of intimidation in adjoining
States. The only question before them wa
intimidation, the nature and extent OF 1t
Upon this question they had the fullest in
formation, not only from testimony, bu
from their personal knowledge OF what &c
CURED at this election and previous elections
in the State. This was not the first case o
intimidation or of unlawful voting. violence
and wholesale election frauds in Louisiana
They were selected by the Senate OF tn
State after these frauds and wrongs had be
come historical. and to act under the Law
carefully framed, with ample powers to en-,
able them to prevent the success oil sucl
crimes The law itself plainly recognized
II state of society where such frauds hav
been practiced. The Democratic party II
lS12 had acted upon this law. Subsequent
ly this board had been organized, and II
1874 the present returning officers had acte'
upon this same law 1t is said they thel
exceeded their powers and abused thei
trusts, and had been reproached for this by
congressional committee. Now the preciS
extent to which reprooi went was that the
had xcccdcd their powers in throwing ou
the returns of polling places in cases wher
they were not accompanied by the certlhcai
Of the supervisor that tumult, violence or In
tmidation had prevailed ut the election
They admitted proof of the intimldatio
without the formal allegation OF 1t require
hv the law. Even as TO this error 1t wa
conceded that the returning officers had io
lowed the precedent set by the Democrati
returning board Of 49, and MIR lloar l
his report says
| We have no doubt that they ttho returning Oh
GERS believed they were defending tho people
Loulsiana a. siinst Il fraud un their Constitutions
rights.
| This rcduc,s the ollsnce of the returnin