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

I
larity and ineligibility on the part of the
returning board were charged by Trumbul
and proof offered.
| MIR. Thurman thought the case would be
expedited by allowing evidence TO 90 in
subject tie objections instead OF frlttering
away tho time on the admissibility Of testl-
mony. He thought 1t was making this
commission court Of common pleas instead
| Of a great tribunal.
Mr.. Edmunds argued that the effect OF
taking testimony professionally might be
that at the end OF 10 days they might find the
evidence Inadmissible and the whole time
| wasted.
Judge Bradley thought thoy should 60
on in IL manner similar to the course
pursued in the Florida case.
| Justice Miller asked If il could not be 10
arranged that the case Could be argued ~
that when tho commission went into con-
sultation, if it was decided not to admit
evidence it would not be necessary to hear
further argument.
| Mr. Edmunds submitted the following
SIT is ordered that the counsel now be
heard on the whole subject as the case now
stands, and that four hours on each side be
allowed.
Justice Miller though. tho effect of the
order was to permit the case to be argued az
it now stands, leaving the admissibility OF
testimony. If that was admitted they would
| have to come back and listen to the argu
ment OF il.
Mr.. Abbott was opposed to mixing up
| if evidence was excluded. he wanted them
| to hear the argument IN what was left OF
the case.
Mr.. Thurman agreed with MIR. Abbott.
Justice Strong offered d substitute, Civ
ing counsel TWO hours on each side 10 ar
que the admissibility of evidence.
Mr.. Humans motion to increase the
time to three hours was rejected, 7 to 3.
Mr.. Edmunds' proposition was rejected Z;
yeas 4. nays IL.
The proposition Of Justice Strong was
agreed TO without division.
Justice Bradley moved that the counsel |
on either side may take IN addition To two
hours such time as they may desire to be
deducted from four and a half hours allow
ed Yesterday for general debate, carried.
The commission. at I2:30 p. IN took a |
recess for half an hour.
AFTER RECESS
Mr.. Trumbull continued his argument 1t |
was not before the canvassing board touch |
ing the election OF a justice of the peace,
but before the National Congress having |
power to 60 to the very bottom of every |
thing. that he appeared. Should it be said |
that when the law declared they should |
consider questions connected with double
returns, it merely meant that they should |
simply add up the returns in one of the
certificates? What the country wanted was
decision as to who was lawfully elected.
and the country would not be satisfied with
anything else. Trumbull next spoke of
the testimony taken by the louisiana inves-
tigating COMMITTEE, and referring to the
81, 81. -. a.
given to Kellogg, said the person with
Kellogg's certificate had been knocking at
the door of the Senate. but it had been
closed against him. therefore he argued
that Kellogg was in no better condition
than McEnery. He then reviewed tho po-
liticsl history Of Louisiana since
1872. declaring that there was no
republican government there. He con-
tended that governors certificate was not
required by the constitution to the list OF
electoral votes, and in the present case on
going behind the governors certificate it
would DO found that the official returns of
the electors had never been counted by any
one having authority to count them. At
the last presidential election, Congress
looked into the count OF the electoral vote
Of Louisiana. and its committee reported
that the votes had never been canvassed by
anybody having authority aud the result
was that the vote was rejected.
Justice Bradley-Wh no made the canvass
then?
Mr.. Trumbull-It was required to be
made by the returning board which con-
sisted of the governor, the secretary of
state. the auditor and two other persons,
and there was controversy as to which was
the true canvassing board.
Justice Bradley-It was held that the
10. - kal l.. Il
Mr.. Trumbull-It was not decided in the
report of the committee.
Mr.. Morton-Have you the whole report
there?
Mr.. Trumbull-l have. One OF the points
stated is that the persons who in fact made
the examination and count had no legal au-
thOrity to do so.
Mr.. Edmunds-Do | understand you to
say that the Judgment OF the Senate four
years ago was on the question of fact a. to
what the real vote OF the people Of Louis
lana was?
Mr.. Trumbull-Is is difficult to tell on
what consideration senators vote. The GER
tifcate of the governor of Louisiana in that {
Case was in proper form and for some rea 1
son both houses concurred in rejecting the
vote Of Louisiana. so that if this amounts I
to anything it is the decision that the duly '
authorized certificate of governor Is not
conclusive in the two houses of Congress. /
Mr.. Edmunds-The resolution adopted |
then was that all objections presented I
having been considered, no electoral vote '
to be that of Louisiana should
be counted. That was adopted by a vote of /
to sixteen. Among the OBJ /
jections was one by Mr.. Car 4
penter, OF Wisconsin. on the ground that t
there was no proper return of the votes cast (
by the elections in Louisiana, and because v
there was there no state government repub- b
count of votes had been made prior to the t
meeting of the electors. Another objection
Of q similar import was made by Mr.. Trum-
Gull, of Illinois,
Presiding Justice (interposing)-Y are o
entitled to the floor, Mr. Trumbull, unless 1
you yield. Proceed
Mr.. Eimunds Ito the presiding Justice =
with some asperity)-Do you mean to say I
hat member Of the commission cannot Fl
make inquiry? n
Presiding Justice (suthortativsyl !
ay that Mr.. Trumbull is entitled to the =
lJOr. {
Justice Bradley Ito Mr.. Trumbu Il il Il
understand that tho decision of the Senate n
q that case went to the form. and not to =
he point whether the certificate Of gov y
LOT was not conclusive. II
Mr.. Trumbull read Governor Warmouth's IN
in that case and said this one oil
hing was certainly settled BY Congress, NJ
nd that was that governors certificate Y
night be overruled by the concurrent action OF
& both Houses. The report OF the comm ttee In
vas that tho vote had not been q
properly canvassed. Now We purpose to al
how that the vote of Louisiana has never IN
'een canvassed. that the pretended canvass @
) fraud, that the papers are forged. that so
he returns are altered and fslsifed. and | of
Tould like to know whether the count I'M be
er such circumstances Is any better than HI
count made by persons who had not any nc
light to count. He argued that if the uc- tn
ion OF Congress was good for anything it OF
7as binding on the commission, aud hence
followed that the commission were not mt
to accept governor esrtih- oil
ate. lie offered to prove that tho presi- oa
ent Of the returning board, with Tho con an
vance OF contederates, altered the Vernon Nj
arish returns, and fraud committed by OF
n Othcer Is fatal TO the return. Referring he
tho constitution Of the returning VIZ
GARD, no said the law required that 1t lai
lould be composed Of five Persons OF dtf'r 81
ut political faith When it undertook % VI,
,nyass the vote only four memhers COM rel
Osed it, and he claimed they were incOm- op
stent to do -. having power to ill Il sci
lcsncy sId nos doing so lie objected TO boz
e electoral votes of Brewster ami LoviSsee rea
the ground of their holding electoral vii
ices at the time Of the election, and quoted WI
q statutes of Louisiana r0g ulating the ap- ed,
,intmont of electors, aud in conclusion the
id there was no statute which spec ifcally, enc
rected tho governor TO Issue certificate
electors. At the close of his ar gument. |
filed on behalf of Iloadley, Green and yer
mselt a brief on the subject Of the elre- DIT
al votes of Leyissee and Brewster. Too
Mr.. Carpenter referred the commission JON
authorities on the point ct Gov. Kellogg Dire
wing no authority TO certify 10 hll own and
elton as presidential! elector I
hou
Mn Sfo0onroS Aa'oNsAf' last
Nr. StOughton followed on the republican n
1hh Nh. nnlInn thai tka ..art IHnltn AZ | -