The Portland daily press., 1877-02-20
Forty Fourth Congressional Sessl On
SENATE.


On returning at 30 the President pro tenn
announced that unless some Senator asked, he
would not direct the decision and objections
there to be read again.
Oh ection was made and the President pro
tenn decided that the time occupied by the read
ing of the papers would not be taken out of the
two hours allowed for debate. The two hours
would run from the time debate in the Senate
was actually commenced.
Mr.. Sherman submitted resolution that the
vote of the state Of Louisiana stand as the judg-
ment of the Senate, objections thereto to the
contrary Notwithstanding.
Mr.. Herman submitted a substitute for the
resolution of Mr.. Sherman as follows:
Ordered. That the votes purporting to be
electoral votes, for President and Vice-Presi-
dent, and which were given by VIM. P. Kel-
logg, j. Fl. Burch Peter Joseph, L. A. Shell
don, Morris Marks, A. B. Levisse, o. 81.
Brewster aud Oscar Jeffroin, claiming to be
electors for Louisiana, be not counted, the de-
cisioD of the Commission Notwithstanding.
The question being on substitute of Mr.. Ker-
nan, Mr.. Maxey spoke of the electoral comuis-
sion being invested with the same power as the
two Houses of Congress in canvasslng the cleo
toral vote, and said it was entrusted with the
duty of deciding who we're the true electors, but
this duty had not been performed The Com
mission was directed to ascertain the true vote
of the state, but instead of that they had
brought forth certificate reeking with fraud
and offensive in the nostrils of all honest peo-
pie. The Judgment of the Commission had
been weighed in the balance and found want
ing 1t could not stand the tombstone of
truth, Justice and fair dealing. 1t was alarm
ing that in the beginning of our centennial year
President should enter upon the discharge OF
his duties with title to the Office grounded up
on fraud and not upon the will of the people.
If the law organizing this commission did not
authorize the commission to ascertain the true
vote of state it was the most cunningy de-
viSed pltfall that ever mortal man fell into
The judgment of this commission was founded
on denial OF the right to prove fraud. 1t was
an admission that fraudulent certificates of a
VIGOROUSLY corrupt returning board were good,
valid and true. This judgment bearing SO
heavily in favor of fraud and against truth and
justice would never be approved by tie Ameri-
can people, but it would be condemned for all
time The truth had not been sought by the
commission but all its avenues were closed
Cne evidence was shut out and thereby the
law was perverted.
In conclusion he said the Democratic party
counseled lawful and peaceful submission to
the decision and confidently relied upon the
will of the people and the merits of their own
case.
MI. Herman said the Senate should not, and
he trusted it would not affirm the decision of
the Commission. By the law recently passed
Congress conferred upon the Electoral Com mis-
sion all the power and authority which both
investigate and decide upon what was the true
vote. He then spoke of the offer of the Demo-
cratic counsel before the Commission to prove
that fraud existed in Louisiana, and that GER
tain electors in that state were ineligible, and
commenting on the decision of the Commission
said that if file of soldiers should threaten to
murder the Governor of the state unless he
signed certificates of certain electors, and the
Governor yielded, under this decision there was
no power in the two Houses of Congress to in
quire into the matter. The decision was to the
effect that there was no power in Congress to
obtain the truth and just down fraud. He en-
tered his solemn protest against it, and he did
SO from higher motive than for the success of
any man or any political party He did not
want it to go to the world without protest that
false and fabricated certificate was to be count
ed. he was deeply panied that such princi-
pie should have been affirmed by vote OF 8
tot.
Mr.. Thurman said that the statute of Lou
isiana created q returning board consisting of
five persons, who we're to hold Office indefinitely
and with power to fill all vacancies that might
occur 1t devolved upon those five men to say
who should hold office in the state. The ques-
ton of who should hold office depended not
upon the will OF the people, but upon the will
of the Returning Board. He believed such a
board was utterly destructive of Republican
form of government. The State of Louisiana,
under our constitution, had no power to create
such board. The acts of that board were un-
constitutional, null and void. Even if its acts
were not unconstitutional, they were not legal
in canvassng the vote of the 7th of November
last because the statute required that the
board shonld be composed Of five persons of
different political parties, but in fact 1t was
composed of only four persons. all of the same
party, and they steadily refused to fill the
vacancy.
The duty of that board was to canvass and
compile the returns of the commissioners of
election, but the testimony showed that they
did not do SO. The proof which counsel offered
before the commissioners should have been
accepted, and in that opinion he was fortified
by the action of Doth Houses of Congress four
years ago in rejecting the vote of Louisiana.
He then referred to the alleged ineligibility of
certain electors in that state and said he could
not regard that other than a notification of
Constitutional provision on that subject Under
this decision, no matter by what fraud, man
might be elected President or Vica President,
or how ineligible an elector might be, there
was no power to inquire into it The vote of
an ineligible electoc might be counted and
neither state nor Congress could right the
wrong. He utterly dissented from such de-
cision as being destructive TO Republican
government. The decision would have the
effect OF proclamation to dishonest returning
boards to perpetrate whatever villainy their
interests might dictate, with the certainty that
they would be successful.
Mr.. Sherman said that he was surprised at
tribunal. 1t was constituted by the votes of
the very gentlemen who now objected to it's
finding. The Senators Directing knew that
when they voted for the bill organizing the
Commission these very questions Of taking
evidence were to be submitted to it, and they
were in honor bound by its decision. Although
he oted against the bill and fought it step by
step, after it passed he made up his mind to
abide by the decision Of the tribunal. These
objections now from the other side of the
chamber were Insulting to those who sustained
the decision. The Democrats had chosen an
arbitration, the decision was against them, and
there should be no unseemly wranglIng. He
further declared that the decision of the tr-
bunal was right, and as question of law no
man would have held two months ago
that Congress had right to overhaul the
returns by which electors were chosen.
If there was any right vf state it was the
right 10 choose its own electors. The right
was carefully guarded by the Constitution and
Congress had no more power to revise or over
rule the decision of a state than any man In
Great Britain or France had to do So. A
good deal had been SAID about fraud and perjury
and the Republicans were looked upon and
pointed at as upholders of fraud. Suppose
Congress could go behind these returns. 1t
would find fraud. murder and violeI CO on the
n Z no kata of l0ulSIQnQ