The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-16
The Electoral Commission.

hiShOt anu WuhteNeE pOWtT INC ieutIhl gov
eminent possessed it held through III
terms Of the federal constitution. TIL
ninth and tenth articles of the amendment
reserved In terms to the states all rights no
specifically delegated. The whole matte
OF selecting electors, determining the mod
and the Issuing of the certificate, belonged
to the state. 1t was for the federal gov
eminent 10 count the votes after they har
lett the state, as in the Florida case. 81
here this body had the power of the TIVE
houses to count the vote. The power wa
granted TO those bodies by the constitution
but was not the power of the legislature
He proceeded to consider the power pos
sessed by the commission and charged tina
the other side had changed It's position
holding In the Florida case that it had ju
dicial authority to institute quo warrantc
proceedings and now declaring it was moi
a judicial body. The duties were said Il
be legislative. He commended that the pow,
er vested in the body was such as existed
In the two houses for the performance o.
the specified duty to count the electoral
vote, not vote for electors, for the two
houses did not possess that power. In re.
gard to the inelgibility of Messrs. Brews.
ter and Levisee he said the statute pre-.
scribed that they should be waited for and
If they did not appear at o'clock the va
cancies were to be filled by the remaining
electors. These gentlemen did not appear,
and the vacancy was filled by the selection
Of the same men. 1t was as stated to fill
the vacancy that their title to the office
OF electors was to be judged. There was
nothing in the offers of proof on the
other side that detracted from the
right of the governor to certify the cleo
ton. He felt relieved of any necessity to
prove that Mr.. Kellogg was the de .ttactO
governor, for in their first proposition the
other side offer to prove that there was no
proof that Messrs. Brewster and Levisee
were not qualified to receive election on
Dec. 9th. 1t was also among the offers OF
proof that the kellogg certificate was by
the de ytacto governor OF the state, and this
certificate shows for whom the votes were
legally cast. Before the approaching ques.
ton whether the evidence submitted could
be received, 1t would be first necessary to
examine what the laws of Louisiana were.
The session laws of 1868 contained two in
dependent acts of independent subjects,
fret "relative to elections in the state and
to enforce article 103 of the constitution
Of the state" This was general election
law. There was another act "relative to
presidential electors" These two acts
governed the election in 1876, unless they
were subsequently repealed, which he
claimed they were not. He then read the
provision in the latter act, provid-
ing for the filling of vacancies OF
electors. He said by subsequent
legislation the canvassing section
was repealed, but all the rest Of the act was
left standing. In 1870 there was revision
Of the laws, not a repeal Of the laws,
nor an amendment, but codification. he
referred to the revised statutes following
the acts of 1868, to show that they had
been incorporated in the statutes following
the acts Of 1868, to show that they had
been incorporated in tho statutes as re.
vised. He then read the session law OF
1870, passed March 10, and maintained
that as 1t made no provision for the dis.
charge of their duties by electors, it die
not by the terms of its repeating clause re-
peal the act of 1868 as incorporated in the
revised statutes. So far as that act related
TO the discharge of their duties, he said that
not one of the eminent lawyers who visited
New Orleans during the month of Novem
Der even thought to suggest that Mr.. Kel
logg ought to count the votes, which was
now the construction sought.
AS to federal disqualification there wa:
no evidence offered that touched the point
and if there was it would be inadmissible
As to state disqualification he arguhat eta
an elector was not an officer. He wanted
wrongs in Louisiana that had so long been
perpetrated, remedied but he wanted them
remedled by law. He wildly pictur ed the
condition OF affairs in the state. 1t was by
the means adopted that the state was saved
from civil strife and anarchy. He contin.
ued, that the decision in the Florida case,
to inquire whether the returning board act
ed without jurisdiction, covered every point
in the present case.
Mr.. Thurman said it might be that the
majority of the commission had though,
the law of Florida authorized the board tc
do what was done, which might not be the
case in Louisiana.
Mr.. Evarts said he could not know that
but he was following the argument OF
O'Conor In that case. O'Conor had not de
MED that If the inquiry was extended tC
the action Of the returning board It coulC
go to every precinct poll, but it it wal
found the committee was getting too far t.
sea, 1t could vim ashore, drowning which
ever candidate the depth of water wal
against. Suppose the governor was the
person to cast the electoral vote. Would
this commission inquire into the mode by
which the governor was elecicd2 Would
1t stop to inquire whether he was a party
to conspiracy to deprive the people o
their votes2 Certainly not. 1t would b.
enough to know that he was de JtIctO gov
ernor. Mr. Evarts closed with an earnes
defense Of the blacks of Louisiana, sayinJ
1t was proposed to make them the victiml
of the constitution, tor it gave them the gif
of suffrage and they were now to be slaught
cred for having it. Mr.. Evarts closed a
LILO p. m, having occupied all the time al
letted to that side, and on motion of Mr.
Thurman the commission took recess til
lido p. IN.
After recess Judge Clifford read a resolu