The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-16
Argument Closed in the Lou
isiana Case.
The Commission Will Give a
Decision To-day.
Attempt to Assassinate
Packard.
The Would-be Assassin in
Custody.
Proeeedings or the Electoral Com
mission.

on the hepuOHcan slue. ne coulsuueu
that the right to cast its votes rested on
the State, and was not grant from the
general government. Whatever power
the Federal government possessed. it
held through the terms of the Federal
Constitution. The ninth and tenth arti.
cles of the amendments reserved
in terms to the States all the
rights not specifically delegated. The
whole matter OF selecting an.elector and
determining the mode of issuing certiti
Gates, belonged to the State. 1t was fol-
the Federal government to count the
votes after they had left the State. As
in the Florida case, so here, this body
had the power Of the two houses to
count the vote-the powers granted to
those bodies By the constitution, but not
a power OF legislation. Considering the
power possessed by the Commission, Mr.
Evsrts chsged that the other side had
changed its position, holding in the
Florida case that it had judicial authority
to institute quo ,0arrdnto proceedings, and
now declaring it was not a judicial body;
the duties were said to be legislative.
He contended that the power vested in
this body was such as existed in the two
houses for the performance Of the speci-
fed duty to count the electoral vote, and
not the vote for electors, for the two
houses did not possess that power. In
regard to the ineligibility OF Brewster
and Levissee, the statute prescribed that
they should be waited for, and II they
did not appear by four o'clock the
vacancies were to be filled by the
remaining electors. These gentlemen
cid not appear, and the vacancies were
declared and filed by selection OF these
same men. 1t was, as stated. u I'LL the va
cancy that their title to 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 Govern or
to certify the election. He fe!t relieved
Of any necessity to prove that Kellogg
was de fdcto Governor, for in the hrsl
proposition the other side offers to prove
that through the months OF October,
November and December there was no
proof that Brewster and Levise
were not qualified to receive an election
on the 6tn OF December. 1t WAS also
among the offers of proof that the kei.
logg certificate was by the de facto gov
ernor of the State, and this certificate
shows for whom the votes were legally
cast. Before approaching the question
| of whether the evidence submitted could
be received, it would be first necessary to
examine what was the law of Louisiana
| Were the session laws of 1868 contained
in two independent acts on An inde
pcndcrt subject the first relating to
electicns in the state Of Louisiana and to
enforce article l03 of the Constitution ol
| the State. This was the genera! election
law. Then there was another act rela'
tive to Presidential electors. These two
acts governed the election in 1876 un'es:
they were subsequently repealed, which
they were not. Mr.. Evsrts here read
a provision IN the latter act providing
for the filling of vacancies if electors did
not appear before four o'clock. By sub
seQuent legislation the canvassing section
was repealed, but all the rest OF the ac'
was left standing. In 1870 there was Z
revision of the laws of the State, not 8
repeal of the laws nor the amendment
of them, but codifcstion, as mad been
recently made by Congress. He re-
| fe.red 10 the revised statutes and to the
following acts of 1868 TO show that they
hsd been incorporated in the statutes n:
revised. He then read the session Law
of 1870, passed March 18th, and main
tanned that rs it made no provision fol
the discharge Of their duties by the
electors it did not, by the terms OF its re-
pealing clause, repeal the act Of 1868 a:
Incorporated in the Revised Statutes, Sc
far as that related 10 the discharge oI
their duties.
Mr.. Evarts closed with earnest defense
of the blacks OF Louisisns, saying It Wa;
proposed to make them victims of the
| Cons .Itution, for the Constitution gave
them the gilt of suffrage. aud they were
| now to be slaughtered Tor having 1t II
their possession.
Mr. Evsrts closed al II o'clock and oc
cupied all the time allotted 10 his SIDE
and on motion of Mr.. Thurman, ih'
| commission took recess.
After the recess Judge Clifford AT
nounced that the Republican eide hsc
consumed its time, and that two and one
half hours remained 10 the other sids-
Judge Campbell then proceeded u
close for the defence. Hessit he did no
understand that preside ntisl electort
| owed their existence TO the ConstitutIOt
of sny State, but that ttey derived thei,
power from the people Of the Unitec
| States.
Mr.. Campbell argued ths. the Com
mission has power 10 deal With the Ger
uiicates Of the Returning Board AM
power to look into every act Of the Leg
isla,ure, and if ths. Legislature contra
venes the fundamental principles tha
lie a. the foundation ot American lber
ties they shou d report the votes Will
the learned gentleman was speaking
said the counsel, drew up an imaginsr
act o. the Legislature of Louis ANA As 81
illustration OK his argument and I
ensble me to put the case fairly befor
you. Suppose, for instance, that u
Legislature OF Louisiana had p assed sue
an act As this:
BE Il enacted By the LsgisIa turs Of IA
STATE of Lo,sissana: That vi liam Pr
Kellogg, j. Madison Wells and thei
associates are msde body oorpora.
with ell the powers OF corporation unde
the civil code Of Louisiana. and there
granted TO them the sole and eIclusiv
power. privilege and Immunity TO sF
point in ali forms and at times that mA
be designated in the acts and 9, stutes {
the United States, the electors for Pres
dent and Vice President Of the Unite
States st each Presidential election, IN
der the Constitution Of the Q pited State
which may Be spporsioned and allotte
to the State Of Loaisiana, or which Ii