The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-15
Ghe Ae'nnrrt
ELECTORAL TRIBUNAL.
Proceedings Tuesday in The LoaiSi-
ana Case.
ARGUMENTS BY DEMOCRATIC
COUNSEL,
WASHINGTON, February Is.

Al The meeting of the Electoral Oom-
ulssion to. day, Senator Thurman was ao'
o.nt owing to sickness, and after delay
NJ 8iteen minutes the Senator arrived
Ten minutes later the argument was
begun by Senator Mcdonald who sup
ported the objections to the Hayes GER
thcates from Louisiana.
Mr.. Mcdonald referred to previous
Congressional action and laws TO sho"
that a returning board had no power 10
look into the Irregularities ofan election
unless the proper foundation is laid py
statement of the supervisors OF reglstra-
zion or commissioners of felection or other
Oroner afidayits. In the election OF 1877
tbe vote of Louisiana had been rejected
because the Returning Board had NOT
oomplied with the law, and they now
nro,osed to show that the law had not
been complied with IN the present case
A ropulsr majority had been returned IN
one way and that majority had been re-
versed by the board through actual fraud
Thew had thrown aside the returns sent
them by the proper officers and had Ia
ton the reports of supervisors Of registra'
tiop in their place, but even this they did
not follow at all times. The people OF
axty.nine polls had been disfranchlsed'
Mr.. Thurman asked how many OF these
ro,r,ns had been accompanied by pro-
tests.
Mr. Mcdonald replied; Not one pro-
test accompanied returns from these SIX
tv.nine polling places. The two Houses
c}Conoress had already taken steps 10
inonire into the legality of the election In
Torisiana, and he maintained the Com
mission, possessing the powers OF TWO
Houses, had the right, and IT was tnelr
dntv to consider the information IN POS
session of the two houses. Ihelr auues
were judicial, not merely clerical, ana ne
coninSed them to carefully weigh the
Svidence in possession of the two Houses
for which they were acting.
Mr. Jenks said they were prepared 10
show that the Hayes electors were not
elected in conformity with the laws
WonId the evidence be accepted he
wonld further show that certificate NO. z
more nearly conformed TO the law tnat
IL was lawful in all essential points;
sbonId the clause, "The Governor shall
certify" override the constitutional pro-
vision as to the mode OF choice ana Vhe
legislative enactment as to the tlme OF
hoiding the election? Ifso, they would
show that fraud was connected with tnat
certificate, and that the Governor who
issned that certificate was party 10 the
frand, He asserted as facts that the law
rennired the election of electors by the
nonnlar vote and that the Tilden electors
Teceiyed a majority of from 5000 to ~
mn votes. He proceeded to review the
election in the several parishes, taking, as
a basis of facts the testimony before the
House Louisiana investigating commlttee
With the incidental claim that this testl-
noonv WAS proper evidence to be consld,,
ered by the Commission. He claimed
that the supervisors of election had
tbTown out large numbers of votes with
ont a shadow of authority. Going over
tbe returns parish by parish, he in each
case asserted evidences of fraud and ir-
regularity declaring his readiness to show
the same by evidence now in possession
of the House, and construCtively before
The Commission. They were further
prepared to show that Levisee and BreWs-
Ter were Ineligible, the former holding
nossession as commissioner, appointed by
kbe Circuit Court, and Brewster a survey.
nv of the Land Office, and he maintained
tbat the clause of the Constitution ex-
tended not only to the officer but to the
act They would further prove that un-
der the Constitution of Louisiana, which
prohibits any person from holding two
nfices three others were disqualified,
viz. Jaffroin, Marks and Burch, who
were respectively supervisor of election,
niaty;ct Attorney and State Senator at
the time of the election. They were, he
said, further prepared to show that 1t was
determined before the result was known
fhat. il necessary to effect the result, the
Returning Board was prepared to give
fhe State to Hayes, regardless of for
whom the votes had been cast. In con-
clusion. he asked that the moral light oi
the universe might be allowed to. shine
upon this transaction, and the nation be
freed from the vile act OF this Returning
Board
Mr.. Hurlbut said the Commission, ne
apprehended, stood in the composition oi
a commission appointed by the two
Houses fot its convenience to perform
certain duties, and that their jurisdiction
was defined by certain well estaDllsheeol
laws. He maintained that there could
be no question of fact that VIM. T. Kell'
op9 was Governor of the State, OF the
wretched State Louisiana. He had been
elected by the votes ofthe people, return
ed bv the proper officers of the State
and regularly inducted into office, and
when the rebellion by McEnery had
oyerthrown 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 resolve, recognized
and approved the action OF the PRESIDENT
The House of Representatives had also
adopted resolution, by o vote OF 100 tC
80, declaring that Kellogg should be rec
oOnized as the Governor Of the State o
Louisiana to the end of his term of office
The Legislature of Louisiana had also
agreed that the term of Office of Kellogi
should not be interfered with during thu
term for which he was elected, and unit
his successor had been qualified. Ifit b'
true that Kellogg was Governor on thu
9th of November, it was manifestly tru'
that McEnery was not. He had OF hi
own will retired from the contest IN 1877
and had not attempted 10 discharge an
ofthe duties ofthat Office to this time
The certificates given by him were ir
regular from necessity, for he had not al
office where returns could be made, ant
he had no Secretary Of State to certify t.
his signature.
CONTLNUA TTON OF MR.. CARPEN
TTlFENHI