The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-14
WASHINGTON.
Progress Of the Commission In
the Louisiana Case.


Hayes certificates from Louisiana. Nc.
Donald referred to previous Congress.
sional action and the laws TO show thai
the Returning Board had no power 10
look into Irregularities at elections un.
less proper foundation is laid by the
statement Of the Supervisors Of Regis.
tration or the Commissioners OF Election
or other proper aAldavits. In the elec.
ton Of 1872 the vote Of Louisiana had
been rejected because the Returning
Board had not complied with the law,
and they now proposed to show that the
law had not been complied with in the
present case. A popular majority had
been returned in one way, and that ma.
jority had been reversed by the Board.
through actual fraud. They had thrown
aside returns sent them by the proper
officers and had taken reports Of super.
visors OF registration in their place, but
even this they did not follow at all times.
The people OF 90 polls had been disfran-
Chised.
Mr.. Thurman asked how many Of these
returns had been accompanied by pro.
tests?
Mr.. Mcdonald replied not one protest
had accompanied the returns from these
90 polling places. The two houses Of
Congress had already taken steps to in
guire into the legality'of the election in
Louisiana and he maintained the commits
sion possessing the powers OF the two
houses had right and it was their duty
10 consider the information in possession
Of the two houses. Their duties were
judicial, not merely clerical, and he con-
Ijured them to carefully weigh the evil
dence in possession Of the two houses for
which they were acting.
Mr.. jerks said they were prepared to
show that the Hayes electors were not
elected in conformity with the law.
Would the evidence be accepted? He
would further show that certificate No. .
more nearly conformed 10 the law; that
it was lawful in all essential points.
Should the clause "the Governor shall
certify" override the constitutional pro-
vision as to the mode Of choice and the
legislative enactment as to the time OF
holding the election? II 80, they would
show that fraud was connected with that
certificate, and the Governor who Issued
the certificate was party to the fraud.
He asserted as fact that the law required
the election Of electors by popular vote,
and that the TiIden electors received a
majority Of from 5000 to 10000 votes.
EIe proceeded 10 review the election in
the several parishes, taking as basis Of
facts the testimony before the House
Louisiana Investigating Committee, with
the Incidental claim that this testimony
was the proper evidence to be considered
by the Commission. He claimed that
the Supervisors OF Elections had thrown
out 4 large number OF votes without the
shadow Of authority. Going over the
returns parish by parish, he in each case
asserted evidences OF fraud and irregu.
larity, declaring his readiness TO show
the same by evidence now in the posses.
sion OF the House and constitutionally
before the Commission. They were pre-.
pared 10 show that LeVissee and Brewster
were ineligible-the former holding II
position as Commissioner appointed by
the Circuit Court and Brewster 4 Sur
veyor Of land for the district, and he
maintained that the clause Of the Con-
stitution extended not only to the oil.
Ger, but to the act. They would further
prove that under the Constitution Of
Louisiana, which prohibits any person
from holding two Offices, three others
were disqualified, viz: JefFries, Marks
and Burch, who were respectively, Su.
pervisor Of Election, District Attorney
and Stale Senator at the time Of the eIec.
ton. They were, further prepared TO
show that it was determined before the
result was known, il necessary, 10 affect
the result, that the Returning Board was
prepared to give the State to Hayes re-
gardless Of for whom the votes had been
cast.
In conclusion, he asked that the moral
light Of the universe might be allowed to
shine upon this transaction, and the ma
tion be free from this vile act OF this
Returning Board.
Mr.. Hurlbut said that the Commission,
he apprehended, stood in the position
OF committee appointed by the two
houses for its convenience TO perform
certain duties, and that their jurisdiction
was defined by certain well-established
laws. He maintained that there could be
no question OF the fact that VIM. p. Kel.
logg was Gov. Of the State Of Louisiana.
He had been elected by the votes Of the
people returned by the proper officers OF
the State and regularly inducled in office,
and when the rebellion by McEnery had
overthrow the legal government the
President had used the power of the
United States to put down the rebellion
and restore this government, and the
Senate had, by solemn resolution, re.
cognized and approved the action Of the
President. The House OF Representa-.
tiyes had also adopted resolution by q
vote Of 1G5 to SO, declaring that Kellogg
should be recognized as Governor Of the
State Of Louisiana to the end OF his term
Of office. The Legislature OF Louisiana
had also agreed that the term Of Office Of
Kellogg should not be interiered with
during the term for which he was
elected and until his successor
had been qualified. II it be true that
Kellogg was Governor on the 9th Of No
vember, it was manilestly true that Nc.
EsHtT Nb nut 1le uuu Ol ulB own VIII
retired from the contest in 1874 and had
not tried to discharge any OF the duties
Of the office up to tais time. The certi.
ticates given by him were irregular from
necessity, for he had no office where the
returns could he made, and he had nc
Secretary Of State.,to certify his sigma.
ture.
Mr.. Hurlbut argued at length against
the admission Of evidence and going be.
hind the returns. He declared that the
Returning Board was legal body and
its decision fnnal. The Supreme Court
itself, as regards its own election, has de.
cided that the returns made by this
Board and required by law to be filed
with the Secretary Of State, and also re.
quired to be promulgated by publication
in the papers, are the evidence on which
the Governor gives commission to all
the officers in the State, and that those re-
turns are prima facia evidence which car
only be gone behind in a Judicial trial
This Commission is not sitting nor can II
sit as judicial tribunal 10 try which Of
the two gentlemen named for President
have actually been elected.
Senator Howe then addressed the com
mission on behalf Of the Republican OBJ
III