Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-16

Jccs without deiyIng intelligence OIL the
| world. A partisan cOlorIng had been given
to the count. IL was not a partisan question,
but 1t was iorty-ive millions of people say
ing to their representatives ''YOu count for
me. They were prepared to show that the
Hayes electors were not elected in con-
fornity with the law. should the evidence
be accepted. He would further show that
certificate No. J more nearly CONFIRMED to
the law; that it was lawful in all essential
points. lie asserted a. facts that the law
required the election of electors by popular
vote aud that the Tilden electors received
II Ihejurty Of from 1900 to 10000. lie
asserted that the result Of the popular vote
had been reversed by excluding - 900 Til
den votes and 1000 Hayes vote. He pro-
cetdtd to review the election in the par
iShes, taking AZ basis the testimony be-
lore the House Louisiana Investigating
committee. with the Incidental claim that
the testimony was proper evidence. lie
also alluded to the alleged ineligible cleo
tors, aud said that the counsel wero pre-
pared to prove their ineligibi.ity. They
were. he said. further prepared to show
that it WAS determined before the result was
known that, If necessary, the returning
board was prepared to give the state to
Hayes regardless Of for whom the votes bad
been cast. In conclusion he asked that the
moral light OF the universe might be allow
ed to shine upon this transaction. and tho
nation be free iron the vile act Of this re-
turning board.
Mr.. Hurlburt followed in behals Of the
republicans. lie maintained there could
be no question of the fact that Kellogg was
Governor OF Louisiana. He had been
elected by the votes Of the people, returned
by the proper officers of the state, and
regularly indu:ted into office. and when the
rebellion led by McEnery had overthrow
the legal government the President had
used the power of the United States to put
down the rebellion and restore his govern
nent. and the Senate had by solemn resolve
recognized and approved the action Of the
President. The House of Representatives
had also adopted resolution by vote Of
l65 to SO declaring that Kellogg should be
recognized as governor of Louisiana to the
end of the term of Office The legislature of
LOUISIANA had also agreed that Kellogg
should not be inteTftred with during the
time Tor which he was elected, and until
his successor be qualified. If it be true
that Kellogg was governor on the 9th OF
November, 1t was manitestly true that Nc
Emery was not. lie had Ut his own will
retired from the contest in 1874, and had
not attempted to discharge any OF
the duties Of the Office up to this
| time. The certificates given by him
was irregular from necessity, for he had not
an Office where returns could be made and
had no secretary of state to certify his
| signature. lie asked did any one contend
that this commission either has the power
or the means or time to purge the election
in Louisiana, to pass through the whole
system as it was displayed there on the
seventh of last November? To examine
into every poll or read the mass OF balder-
dash under the name of evidence sent here
and halt Of which Is yet imprinted? He
urged that the commission were exercising
to Il certain extent political and not Judicial
power, and said draw very clearly in my
own mind a distinction between the power
of a political tribunal to determine su cleo
ton upon apparent prima facie right as it
appears upon the papers sent up to you.
and the right of a judicial tribunal, when
two parties are before it, one claiming to
have been yeritably elected. and that the
other has not been. In that case no man
denies that a Judicial tribunal clothed by
the law with power can pass behind all re-
turns, all papers, and can inquire
into the veritable facts OF the
ease. and determine according to
the very right. Now | don't believe that
by any TAR construction of the law or by
any proper construction of the powers of
the two houses as given by the constitution.
there exists either In the two houses or in
this tribunal the power OF examining into
the very right, as IT You were court sit
ting TO try case Of quo warranto brought
by one candidate Tor the presidency
against another III occupation. Mr.. HUI
burt then went On to speak OF the
general customs OF arriving at a re-
suit of al election, commencing with
the action Of township officials until final
action taken by state canvassing boards,
and said in Louisiana the process was re-
yersed. Il returning board having been cali
ed into existence there, owing to the fact
that there ia not proper reverence OF law,
which prevents trusting the local neig hbor-
hoods with power. After reviewing the
legislation creating the Louisiana return
lug board, he then submitted that the board
having been constituted final judge and
the only tribunal which has right to give
prma hcie certificate of election for all
elections held in the state, the question
grayclv resolves itself back to this, whether
the Presidential election of 1876 in which
certain persons We're chosen rs electors was
an election held within the state OF Louis |
lana; il it was then these men have juris- |
dictiOn. Abiding to The proposition of the |
democratic directors to 20 behind the GER |
tifcateS and examine the testimony, he said |
there was IN the first place no time |
in which to do il, and that |
the supreme court Of Louisiana had |
refused to do 50 IN the case Of Collins VS.. |
Niblack, to which he referred the commits
sion. In conclusion he ssid the supreme |
court itself, as regards its own legal cleo
tiOn, mas decided that return made bv this |
board. and filed with the Secretary of State,
and promulgated by publication in the
papers. are the evidences on which the gov
ernOr gives commissions to all the Offices in
the state, and that these returns and decla-
ratiOns are prima facie evidence which can
only be gone behind in judicial trial.
Now. | apprehend that this commission is
not sitting nor can it sit rs q Judicial
tribunal to try which of the two gentle
men named for president have actually
been elected. and which is entitled to hold
AMI enjoy Office.
Mr.. Howe followed also for the republi-
can directors. lie claimed that the votes
of the democratic electors should not be
counted. because there was no evidence that
they were directed by the legislature of
Louisiana to vote for president and
there ought to be such evidence be-
fore they were received. McEnery's
certificate was worthless, as he was not
governor of LOUISIANA, a fact which every
member of the commission had been called
upon in their several capacity of Senator,
and Judge to pass judge
nent upon. Kellogg, on the contrary. was
governor of Louisiana and his certificate
entitled to respect. If the commission felt
called TN to 20 behind the certificate they
would find that the returning board had
declared that u minority OF the people of
Louisiana had voted for the Hayes
electoral ticket. The commission was {
asked to 20 still further and if
they did he could tell them ,
v hat they would find. for he had been
member OF the committee that examined {
The Louisiana electors. lie then reviewed
The testimony tuken in New Orleans Of In !
and violence. In conclusion he )
.sktd the commission to listen to the lawful
7Oice of Louisiana as you would listen To i
he lawful voice OF any other state, and
1--WE weight To 1t. ,
At tho conclusion of Mr.. Howe's argu-
nent Judge Campbell informed the commits
ion that Carpenter. Trumbull and himself
would appear rs counsel for the democratic
ide in this case. Mr.. Evarts announced that '
'tOughton, Shellabarger and himself would
ppear Tor the republicans. Judge Camp Z
cll requested that the time for arguments :
N the merits be extended to six hours tor q
ach side and Abbott submitted motion I
D tina, effect. Gar field moved 10 amend by y
lakIng the time -FOUR hours. for each side .
nd without voting on the question the !
commission on motion OF Mr.. Eimuuds U
DOk II recess
WAsHINGros, d. G.. Feb. Ii-Mr Car c
enter, ON the re-as,cinbling OF the electoral d
Dmmi>sIUn, resumed his argument CON D
ending that the Constitution of the United v
tltes i0rbids comforting judicial power up ii
n the returning board Of louisiana, aud o.
Iat the law Of the state which attempted oil
} confer such p0wer was void. Suppose Il
o take Natchitoches county, where the D,
,m0crats can give 900 majority, and one "a
unir,d OF the republicans ball -duz5 anoth- di
hundred republicans, and because Of th:s 10
le whole vote is thrown out. w0Ild that b,
just , Even i the returning board had hi
assessed jndi1Ial powers, Carpenter con- 10
nicd, 1t had gone outside OF It's power and