The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-11-11
case. Your demurrer IL prcpoeterous sham
and you must answer over, Was inc true vote OF
Louisiana counted or nOtY


THH PACT A. TO LOUISIANA.
Thu gr mt Fundamental fact which undorlice
q 9th, ~ in roGard to I,.uia'"na " my lne
Sonod ~ ,r riSn' cectors 'T in dus and legal
'oru. This il proved 10y evidence clc.r and
decisive enough To str'ko all CONTRADICTION
In loss than two days after The election Il was
ihcr" had al 6crn iuli poi AMI heavy majority
f,r Tilicn. Very soon aiterward the official
cuns made and rccqrded in the several par
lshes by Republican officers Of the election were
candidate was asrcrtaincd. Tue figures could
p@a y or IL" rhp " aeo %t "ycrasd
nearly eight thousand Now, remember, this
was z puollc At. not d2ncin 4 corner bu, trans
,radictcd report OF II Carried perfect conviction
along with u Upon evidence OF this Kind the
most important lnct in the history NJ the unit
verse was accepted us true in all parts 81 the
earth immediately niter II happened, ana Tor
ful minds in Curistcndom have sRkcd upon II
their highest interests IN this world and thcir
salvation IN thencNt. But there was other evl,
down. charged with the special duty OF ipquir-
ing into the matter on the ground, ana they
reported the true result of the election to be M
previously stated. that Is to say, 1929 MAJOR
ty for Tilden. Even that is not all The origi-
nal documents and records showing what Tue
vote WIS. Ms actually counted by Republican
Commiss toner's OF Election. authenticated ny
their sworn certificates. and verified 10y the
before Congress and before the Electoral Com
mission These were conclusive proofe they
were submitted to your inspection. and II you
the people Mt that election voted for Tilden
electors and the Democratic State officers. you
| are wholly unfit Tor your business. But you do
| know il. and cannot deny 1t without totally de-
| strOying your character for common veraclty
Forced by the irresistible strength OF th9
| assume that the majority for the Tilden cleo
| tors was 1853. SO. therefore. that is settled.
LEGAL AND PEAcEABLE ELECTION.
There is another point of fact that Is also cs-
tablishcd. The majority for the. Tilden cleo
| tors was made UP 10y the votes OF legally quail
fed citizens. do not say this merely because
the reception Of the votes by the proper election
hs TI r p hut 4" for thu further that
the election at all the polling places was In the
hands and under the complete control OF the
opposing party. who would certainly not permit
any Democratic vote to 10 in If they could le-
| gally keep 1t out Besides tho House commit
| tee. when they went to Louisiana with power 10
send TOR persons and papers. could not lind
House officer hardy enough to assert that the
| Democrats had polled illegal votes. You have
not denied AMI suppose will not that the ma
| jority Of 1863. which you admit was cast for
the Tilden electors. was cast by properly quail
Another thing: The election was free md
| pcaccable. The officers reported no disturb
| ance. Every polling place was manned by
| policemen. deputy marshas. and soldiers in
! tho interest OF the carpet-baggers. and all OF
them testify that there was no violence Of any
kind which called for their Interference. The
same is true with regard to the registrat on
| That there could have been no force or intimi.
| datiOn mt other places. or times, which kept
| people away from the election IL proved 10y the
| large number that came. The vote was the
| heaviest ever polled in the State; and larger In
| proportion to the whole population, us ascer'
tuned by the census. than in most other states
where all the exertlons OF both parties were
| used to bring out their last man.
| The necessary result, briefly stated. OF all the
facts known and proved is this: that the peopl,
| of Louisiana. having the undoubted power tC
|
and legally appoint the Tilden candidates upon
afull poll. at II free election and by large ma
| Iorlty; and the persons thus duly appointed 10y
| the people We're exclusively capable OF casting
| the Presidential vote of the State. II followed
| as the day follows the night. that the count 81
the eight electoral votes from Louisiana fol
| Hayes was IA false count
THE RETURNING BOARD.
| But you say that the officers Of the Returning
| Board. hy virtue OF certain judicial powers con
| ferred on II. couIi disfranc hise the majority
nullify their act of appointment. and virtually
take the power of choosing electors into then
put.d question Of law IL the Returning Boar,
law valid and binding or mere nudity be
cause OF It's direct and palpablo conflict Will
the Constitution Let us look.
OF course. neither YOU nor anybody will dem
that disirnnchiscment of "A tree citizen is
severe punishment reserved by the penal Law
Tor the most infamous crimes. To inlet II - al
| exercise OF the highest legal authority. tn
judicial power in Louisiana is exclusively con
| fined 10y tho STATE Constitution to certain emu
meratcd courts, and the Returning Board Is no
one Of them. Therefore, an act of the Legislu
| ture which gives 10 such u board any Judcin
| power To- punish any person for any offence. 4
| clearly void. But. IN addition to this, IT Is pro
| vid.d by the fundamental law OF all Tree States
| includinE Louisiana. that even the courts o
asstr,tcs capable of holding this power shal
never eXercise II except upon formal accusation
and due conviction, alter a regular trial D-iUr
| an impartial jury. Now. the legislative a.
which YOU assert 70 be- constitutional gives th'
power to punish hy disfranc hlsrmrut to the ko
turning Board. which ~ not court, and author
lies It To- pronounce sentence OF disiranclise
ment upon all the citizens of parish at once
| for an act of violence not committed 10y them
selves or 10y any of them. but 10y somebody els
whom they may never have seen or heard OF
Even the fact that violence was committed b
| other parties Ia TO be ascertained. not by tria
but 10y AN inquiry conducted in secret behin
the back OF the parties. ON tx parte statement
| of their political enemies The sentence II Ia b
carried remorsclessly out though 1t have tn
effect Of remandngthe whole people Of the Stat
| back tO hopeless bondage from which the
are struggling to be free.
Such a law you declare to he constitutions
and vaidl There is not a half-grown boy II
the country of average understanding that doe
not know better. i cannot help but believe tia
little reflection would have saved even yo
from the shame and folly of making an asser
ton SO destitute of all sense and reason. ,
But you go further. You not only aver tina
the power Of the Legislature to pass such n la'
cannot be doubted. but YOU declare that tn
supreme Court of Louisiana has adludged II 1
br valid, that Is To- say. consistent with the Con
stituton. This II extremely injurious 10 thu
court and II believed. II would destroy all con
hdrncc in the integrity OF its Judgments. Know
L
say that they are utterly incapable Of max NJ
decision at once So iase and SO absurd. /
fact. they did not. No case ever came beior
them involving the question: and no dlctul
ever fell from either oi them which could xiv
, the Returning Board or us owners the lea
hopr of bcin. sustained rs constitution,
body.
ArALsII1rD DECISION.
This Justification u n judicial decision.
uphold the power 81 the Returning Board
| labricHtlug election returns has a curious hl
| tory. In \Dyemher last. Mr. Stanley Mathew
, | in Il published letter. said thIt the Suprcn
Court of the State had decided tn Roturniu
, | Board statute to be constitute Onul. He Was in
mcdintely picked up 10y nlne Louis lana lawyer
who told him in n printed pamphlet II was ~
| true, and asked him with great pOlitcness
, correct the error. lie WAS silent. but the vlsl
, | ing committee rrasssrt.d in II, report suhsial
, TALLY the same thing. Again 1t was met wit
, loud aud emphatic contradiction. Nevertheless
| Mr.. sherman in the senate aiterwHrd reaiilTu
| ed II. aud had the temrrlty to hold npa book
, | Louisiana reports in which he said the declslo
would he found. Those who for want Of time
. interest in the subject did not examine Il
D | report, were in some sort compelled
/ believe what was affirmed about it by IA Senate
o who prOfessrd TO have carefully read IT, and
r consequence the reputation of tho LuuisiHl
70 court suffered severely for awhile. But Il
- misrepresentation soon became known for VIII
q II really was. and 1t was again thoroughly ~
/ | posed. AS YOU very well know. Now. after u
this, here are you at the same work again ri