The New York herald., 1877-02-15

and polls actually compiled aud canvassca and
which ones were excluded from the canvass both tor
presidential electors and for other officers would be
shown by the returns OF the Commissioners OF Elec
ton and SUPERVISORS OF Rceistrat on, which duly
before the Returning Board
lie also offered TO prove that member Of the Re-
turning Board offered to receive bribe. In considera-
ton OF which the Board would certify the election OF
the ridcn electors He stated that the Board iraudu-
entlv canyassed and compiled aud prom ueaed votes
for electors which were not made and did not appear
IN any Tally sheet or consolidated before the
Board tia Is to say, In the cases OF Durch Joseph,
Sheldon, Levisse, Brewster, and Jenrion.
THE QUESTION ARGUMENT.
Commissioner Abbott inquired how much time
council desired to argue these objections
tended coloquy took place between the me bcrs OF
the commission and several motions offered, all
OF which wero negatved. Finally motion oil Justice
Strongs that the counsel be allowed two hours TO
argue the question OF admissibty OF the offer OF
evidence upon each side then carried unani-
mousiy.
Another colloquy followed between counsel and tho
com mission on the question of time to DO occupied In
the debate, at the close which Mr. Trumbul began
hts argument in favor OF the admission of evdcncs
contained in the democratic offer. He claimed that
the powers OF the commission were such as appcr-
tanned to the two houses and to what these were
considered to be in 1873, he said
TIE SENATE REPORT IN 1879
And what was sad by committee OF the Senate In
UNANIMOUS report mace Oy tuem on that SUBJECT
1882 Tho third section OF the act OF Congress OF 1892
declares what shall DO the Official evidence the
ton OF electors, and provides that the executive
authority OF each State shall cause three lists OF the
names OF electors OF such State DO made and
fed and TO be devcrcd TO the electors before the
first Wednesday December, and the electors shall
annex OF such lists 10 each o their votes. The
certificate Of tho Secretary of State is not
required, and the certificate OF the Gov
provided for that section seems
TO be the only evidence contemplated by the law OF
the right to cast The vote OF tho State II Congress
,nl.t,,.
inquire who have been chosen electors, ~ not viola
ting any principal OF the constitution OF the State, but
simply going behind the evidence prescribed by the
act OF Congress And thus gong behind the ccrti1-
cato OF the Governor we lind tho official returns and
the returns OF tue electors from the parishes oil Lous
ana have never been counted by anybody
having tho authority 10 count them. What was
the result OF that reportY The Senate and the
House OF Representatives voted count tho cleo
toral vote OF The State OF Louisiana Congress looked
into II, and It's committee rcporcd that the votes hau
never bccn canvassod by having authority to
them and the result that the OF tho
State OF Louisiana was rejected.
Justice bradley Who made tho canvass at that
timer
Mr. Trumbul-lt was required to be made by the
Returning Board which consisted OF the Governor the
Secretary OF STATE tho Auditor and two other pcrsols
anu there was controversy as 10 which was the true
Canyassing Board.
Justice Bradlcy-lt was held that the proper board
had not made the CANVASS?
Mr.. Trumbu--lt not decided in the report Of tho
Committee on Privileges and Elections.
Senator Morton--iavo you the whole report therep
Mr. Trumbuii--l have. One OF the points stated Is,
that the persons who In TACT made the examination
and count mad NJ legal authority to do SO.
Senator Edmunds--Do understand you TO say that
the judgment Of tho Senate tour years ago he
question OF fact As to what the real vote OF the people
OF Louisiana wasY
Mr. Trumbuii 1T is difficult to tell on what consd.
GRAFTON Senators vote Tue certificate Of the Governor
OF Louisiana in that proper form, and for
reason both houses concurred IN rejecting The
vote Of Lousirna; so that, II this amounts TO any
thing it Ia DECISION that tho duly authorized cert
cate o The Governor Is not conclusive on the Two
houses Oi Congress.
senator Edmunds--rhe resolution adopted there
was that, all tho objections presented having been
considered no electoral vote purporng to be that Of
Louisiana should be counted. That was adopted by u
vote OF 33 to 10. Among the objections was one by
Mr.. Carpenter Of Wisconsin, on the groudd that there
no proper return OF the votes cast by electors
the State Of Louisiana, and because there
there no state government republican form,
and because count OF the votes boon
made PRIOR to the meeting OF the electors Another
objection of a similar import was mado by Senator
Trumbui, OF Illinois.
Tho presiding Justice (nterposing)-You entitcd
TO the floor, Mr.. Trumbull, unless you yield proceed
senator Edmunds TO the presiding Justice with some
asperity OF toncl-Do you mean TO say that member
OF the commission cannot make an inquiry
Tho presiding Justice (authOritatively)-I say that
Nv. Trumbull Is enllted 10 the floor.
Mr.. Justice Bradley 10 Mr.. Irumbul)-I under
stand that decision OF The Senate that went
to the form and not 10 the point whether the cert1
Of tho Governor not conclusive.
Mr.. Trumbuli road Governor WarinOths certificate
~
certificate tine same as tnat known as mo - IN the
easel might be Overrued by the concurrent action OF
the two hOuscs. Tho report OF the committee was
that tho vote, had not been properly canvasscd.
Now, wa propose TO show that the vote OF
Louisiana has never been canvassed that tho
pretended canvass is fraud, that the papers are
forged, that the returns altered tals,Ied and
would like to know whether u count under such cir
G umsaDces Is any better than u count made by per-
sons who had not any ri2nt to count Courts may
sometimes. although very reluctantly, change their
opinions, but where IN the history of legislative uris
prudence OF courts, except by Durcll has IL for
mer decision boon reversed In order permit wrong
and iniquiy and ialsehood aud forgery? II the ac-
ton OF Congress Is good for anything, in that
II must be binding ON this commission. That The
meaning when TINS commission was created. IL will
DC deluslon nnd Is snare IN the estimation OF the
whole people, II the question is TO be decided
technical ground that the commission has ng to
do but to add up the returns IL will not only over
turn the by Congress four years ago. but IT.
viii Overurn every settled principle OF parliane tary
law IRON tho beginning OF time, SO far as VIC have any
AT The close OF Mr. Trdmbull's argument he fled on
behalf OF Messrs. Hoadlcy and Green aud himself u
brief the subject Of the electoral votes OF Levisso
and Brewster.
M Carpenter referred the commission to author-
ties tho point OF Governor Kellogg having no
authority to certify 10 his own election Presidential
elcctor.
ARGUMENT MIR. sTouGHroN
Mr. Stoughton followed with argument on tho re-
publican side of the question. he expressed his
PRISE at the objection that the certificate OF Governor
Kellogg was imperative. IL would be remembered
Governor Mr. lngcrsoll, was Presidential elcctor
at large. and that his certificate had been
reCeVcu WEuOut ODlectlOH. SuCH UUJectonS
hardly suitable to the dignity OF the OCCASION II
had also bccn objected to-day land tho obeclion had
been urged with good deal OF zeal) that Governor
Kellogg was not the Governor OF Louisiana and that
Louisiana was governed by military despotism. Hc
supposed that that meant that military torca had
occn, application OF Governor kellogg the Presi-
dent, ordered 10 Louisiana Tor the purUpose OF sup
pressing lnsurrection The learned counsel (Mr.
Carpcn,ci) was right lnc supposed IN say.
ing that without such and the government
OF winch Mr. Kellogg the head would
have been overturned But counsel should have re-
fcccd that the very TACT that Governor Kellogg had
made such application and that II had been granted
decisive evidence taat he then Governor of
Louisiana What was tho offer here the other sidcg
II was that the commission should by search and
scrutiny OF many Or not ull) the polls in Louisiana
ascertain what bad been tho veto OF Louisiana ut
the last election 1t proposed that the
commits should ovcrruc and disregard and 20 be-
hind he action OF the ina Returning Board OF that
State and h0d II for naught lie sad he would satisfy
the COMMISSION beyond all question tnat the Re-
turning Board as constituted had tho power
to II by tho statuteso vi Louisiana to determine Inc
number Of votes cast Tor electors and power
II all Iur nf