The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-20

Mr. heTHhn bhlu tue senate SHOULD no
be trusted. II would but affirm the de
cision which had been made by the Com
mission. He then spoke OF the offer o
the Democratic counsel before the Com
mission TO prove that iraud existed II
Louisiana, and that certain electors in
that State were ineligible, and cOmmen
ing on the decision Of the Commission
said: II file OF soldiers should threater
to murder the Governor Of n State unless
he signed the certificate OF certain elee
tors and the Governor yielded under thiI
decision, there was no power in the two
houses Of Congress to inquire into the
matter. The decision was to the elec
that there was no power in Congress L
inquire into the truth and smiie doWI
fraud. He entered his solemn protes
against it, and he did so from a higher
motive than for the success Of any mar
or any political party. He did not wanl
it to go TO the world without protest
that false and fabricated certificate was
to be counted. He was deeply pained
that such principle should have been
affirmed by vote Of 5 TOT.
Mr.. Thurman said the statute oi
Louisiana created Returning Board
consisting Of five persons, who were to
hold office with power to ill all vacancies
that might occur. 1t devolved on these
five men 10 say who should hold office In
the State. The question Of who should
hold Office depended not on the will Of the
people but on the will OF the Returning
Board. He believed,such board was Ut.
terly 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 unconstitutional, null and
void. Even il its acts were not uncon.
stitutional they were not legal in can
wasting the vote OF the eth OF November
last, because the statute required that the
Board should he composed Of Eve per.
sons Of different political parties.
but in fact il was composed
Of but four persons OF the same party,
and they steadily refused to fll the va.
cancy. The duty OF that Board was to
canvass and compile the returns Of the
Commissioners OF Election, hut testimony
showed that they did not do so. The
proof which the counsel offered before the
Commission should have been accepted,
and in that position he was fortified by
the act OF both houses, four years ago, in
rejecting the vote OF Louisiana. Hethen
referred TO the alleged ineligibility Of
certain electors in that State and said, lie
could not regard that, other than as
notification Of the constitutional provi.
sion on the subject. Under this decision
no matter by what fraud a man might be
elected President or Vice President, or
how ineligible an elector might be, there
was no power 10 inquire into or Of It.
The vote OF an ineligible elector must
be counted, and neither the State nor
Congress could right the wrong. He
utterly dissented from such decision
as being destructive to republican gov.
ernment. The decision would have the
effect Of n proclamation to dishonest re.
turning boards to perpetrate whatever
villainy their interests might dictate,
with absolute certainty that they would
be successful.
Mr.. Sherman said he was surprised at
the objections to the decision OF the com.
mission. 1t was constituted BY the votes
OF the very gentlemen who now objected
TO its finding. Tie Senators objecling
knew when they voted for the bill organ.
izing the commission that these very
questions OF taking eviieice were to be
submitted to it, and they were in honor
bound by its decision. Although he voted
against the bill and fought il step by step,
after it passed he made up his mind 10
abide by the decision OF the commission.
These objections now from the other side
Of the chamber were insulting to the
tribunal and insulting to those who
sustained its decision. The Democrats
had chosen an arbitration; the decision
was against them, and there should be
no unseemly wrangling. lie further de.
clared that the decision OF this tribunal
was right, and, rs question of law, no
man would have held two months ago
that Congress had the right 10 overhaul
the returns by which the electors were
chosen. If there was any right OF State
it was the right to choose lis own elec.
tors. This right was carefully guarded
by the Constitution, and Congress had no
more power to reverse or overrule the de.
cision OF the State than any man in Great
Britain had,to do so. A good deal had
been said about fraud and perjury, and the
were looked upon and
pointed at as upholders OF fraud. Suppose
Congress could go behind these returns;
it would find. fraud murder and violence
on the part Of the Democrats. The State
OF Louisiana had the right to provide by
law for overruling this fraud, and it did
so by its Returning Board. For the
Democrats to talk about fraud when il
was the violence and fraud Of the Demo.
cratic party which brought this danger to
the country seemed wrong. The Louisiana
Returning Board might be imprisoned;
the members arrested; they might he
driven TO their graves; but they had sim.
ply obeyed the law, and Congress had no
power, thank God, to reverse the deci-
sion Of that Board. The Democrats
could come forward now and say what
they proposed TO prove. Why was it
they did not offer their proof before the
investigating committee. He argued
that it would have been impossible for the
Commission TO have examined all evi.
dence before the 4th OF March, and this
attempt to have them take evidence look
ed as il il was contemplated to have a.
new election for President. lie defended
the decision Of the Commission, and ask.
ed il these pure and honorable men we're
to be assailed throughout the land by
libellers and assassins. When all the
testimony taken'by both Houses Of Con.
greSs in Louisiana shall have been read
by the people they will zee that the deci.
sion OF the Commission was right aud
Just.
The President pro TEN. said that the
chair takes this occasion to say 10 the oc.
cupants Of the galleries that Il there are
any marks Of appreciation or disapmo.
baton the chair will order the galleries
to be cleared at once, 80 that the Innocent
will suffer with those who break the order
OF the Senate.
Mr.. Morton said, the statute Of LOUIS.
lana creating the Returning Board, pro.
vided in express terms, that the MAORI.
u Of the number should constitute
quorum to do business and make returns.
The Board was to consist Of five persons,
to be elected by the Senate; three Of that
by express terms Of the act
were n quorum In io hnsinaps Thora