The New York herald., 1877-02-14

uon that have spoken o. Above all things there -
local neshborhoods with this power. and In recog-
milton OF that fact, In recognition OF the Tact
that from the beginning IN that most unfor-
tunate state there has been armed. deliberate
Resistance to all law. There has been
by violence aud force all those things. what
they were, wEcl stooa IN the way OF the party that
sought To make itself dominant by force when II was
no, dominant 10y numbers; aud thus the Legislature
commenced 1868 by FIRST creating sort Of return
ing board consisting of tue Governor ana certain oi-
GERS. ana using Judge Tor the purpose OF deter
mining these facts OF intimidation THIS
commission !. acquainted with the has.
constituted them judges. they make thcm the hnai
judges and only tribunal which has the right give
pimd E,cte certificate Of election Tor all elections held
In tho State and the question gravely resolves itself
back TO this:-wnethsr the Presidential e.ccuon of
1876, which certain persons were chosen AS elec-
tors election held within the state OF LOUISIANA
Il II Wa then these men have jurisdiction.
Now the election Of electors in Louisiana stands
upon two statutes There Is one statute In
the Revised Code, which Is ON the question OF elections,
which makes the provision that IN every section
IL p Ii0 which election shall be held FOR electors.
such election shall be held on the Tuesday next alter
election shall he held and conducted IN The manner ana
form provided by law Tor general and state
elections Now, there Is another law IN ,he Re.
vised statutes, on page o5l, section :. s23 II
Is simply repetition OF section lao, and
section s24 proceeds 10 direct the manner IN which
they shall vote, and sections z s2d 2, s2' ana others
relate a special mode OF return provided by that
law Now, apprehend that IN considering the effect
OF statutes that claimed to repeal the the
other the drst question is as to wha, the
probable intent ana meaning o. the Leg
isiature No man pretends that II
the probable intent aud meaning or purpose Of the
Legislature of LOUISIANA to repeal the right OF the pco
Vice President. Why Because il is inconsis,ent
with the actual state OF things that hns prevailed since
held since that ,lmo in 1872, ana held by this same
| process OF voting by tho people There has been
Presidential election held 1876 and that held IN the
same manner and by tho process OF
ascerainlng the choice OF the people in that matter
Ut appointment OF electors SO that tho construction
hn siarV hy fhA tisotf
against the theory OF repeal and besides, there
n another great principle OF Interpretation that
inconsistent VII the one 10 be enacted and hence II
has been held in practice in Louisiana, and undoub,
edly the clear law OF the that the repeating act
OF 1870 and 1872, creating tins Returning Board,
only interercd with tho act IN regard
20 Presidential electors far to do away with tho
special tribunal provided under that prior and
submit that election and all other elections held
that State to tho arbitrancnt nnd determination OF
TINS Board OF returning officers.
Now. | may perhaps, be pardoned IN saying that,
whatever may be the amplitude OF the power
mited by these statues, under the will OF the people
OF louisiana to THIS Board OF returning officers, what
over may be the peril--and ! can see it-oi giving
so large jurisdiction 10 any Board, that the thing
which behind II and the cause OF IT, the cause OF
the enactment, is infinitely worse, and deserves the
condemnation OF every man who loves his country and
believes in the rights OF the trodden and the
oppressed. For say here, from some knowledge OF
the facts and close investigation that the history
Louisiana since The reconstruction has been nothing
more nor ess than series Of deliberate attempts TO
overthrow existing law by iorcc; that the Old
Anglo.saxon method by winch existing evils are
corrected IN the form oil law never seems TO have
tered into the Imagination Of that hot headed, rash
and mpcrlous people, they have adoplcd rather the
Latin form that their nciehborhood TO Mcxico would
induce-soundiup c,alne MOS. revolution tol.
lowed up by forced loans upon the commerce and IN
dustry the country support illegal aud rreRu-
lar armed force IN breaking down that which the COLI
and the laws to the people OF that State,
therefore tho Board with all It's powers came into
existence.
charged its duties, the details, II you please. OF the
various which they took to acqualnt themselves
with the condition OF this parish all these things are
evidence alundi outside, aud the simple aud direct
hat Is made by the directors upon the other
side Is that this commission shah resolve itself into
tribunal 70 try tho question OF who did vote and
who did not vote yoEder IN every poll IN
Louisiana. You cannot 10 Justice WIN.
taken by the Congressional Commission for, although
have the honor TO be member oil ono branch OF Con-
gress my experience IL Simply tnls, that of a ribu
nails or pretended tribunals that were ever gotten up
by the perverse ingenuity OF man Tor the purpose Of
inquirng into political matters, there Is nothing
80 likely 10 be unfair and to do injustice
as a Congressional Committee necessarily. Look
at the lime. Does this commission expect TO
read 1000 pages Of tho results ol the so-called
investlgation held by the coinmitteey | had tho
honor bc a member OF the Louisiana commttcc.
There only pages printed. The olher will
DO printed when our printer gets money enough. You
cannot read intelIgeny tho mass there In the
time IN lies between now aud the 4lh OF March You
cannot take the synopsis Of any gentleman as 70 the
existing facts IN the case You have no right II you
undertake 10 try, you must Try by tho law and the
law prescrbes This tribunal at all events Is to he
trusted and It is believed will not suffer itself to
der against men, giving them no opportunity Tor
butta explanation. so that the idea Of opening up
this entire matter, passing INTO tho reasons winch
guided tnat Ret0rning Board, passing behind their
Judgment given anu recorded under the promise
of law, in pursuance OF the constitution OF their
State and the power granted to them by its
legislature you are asked 10 pass behind that
and inquire 1f you undertake to do that you will do
what the supreme Court Of the State OF Louisiana
declined TO do and refer you TO tho decision oi tho
supreme Court in that state IN the case found In 1885,
louisiana Annual Reports. page 265, Colin against
NOblack. Thus tho supreme Court OF the State
ITSELF as regards lis own legal election.
Board ana required by the law 10 be filed with the
Secretary vi State, and also required to be promul-
gated by publication IN the papers, are the evidence
ON VIII the Governor gives commission to all officers
in the State anu that these returns and declarations
are primd facie evidence which only be gone behind
In judicial trial. Now apprehend that this commIs-
sion is not sitting, nor can s as judicial tribunal
Try which OF the two gentlemen named lor Presi-
mt has actually been eIected-which Is entitled ~
AZ the CONCLUSION OF Mr. Huribut's speech Senator
Howe addressed the commission, arguing that William
PITT Kellogg Was the Governor OF the State. and consc
queny the only person authorized to sign an electoral
certificate. He claimed that the action OF the Return
ing Board authorized by the laws OF tho state,
and that throwing out the votes OF certain parishes
they we're justified ON account VI the violence and IN.
Al tho conclusion OF Senator Howes argument Judge
Cam pbel Informed the commission that Nessrs Car
penter Trumbuil and himself wou.d appear counsel
Ior the democratic side III this case.
Mr.. Evarts announced that Mcssrs Stoughton, Shell
abargcr and himself WI ud appear Tor the rcpu
Judge Campbell requested that the time for the ar.
guments tho merits he extended 10 six hours ioI
each side, ana Commissioner Abbott submitted mo.
| tion to that effect.
| CUmmlss iuner Garfield moved TO amend by making
the time iour hours for each sido
Without voting on tho question the commission, on
motion OF Commissioner Edmunds, took a recess until
hall past four O'Clock.
On reassembling the Commission announced that
four hours and half would be allowed to each side
for their arguments, and that the Commission would
commence the hearing at hve O'Clock and sit until nine
o'clock this evening.
When the Commission again assembled at Ave
O'Clock ex-senator Carpenter roso and delivered his
argument tho democratic side.
VIEWS OF VIM. BEACH LAWRENCE.
THE DEMOCRATIC ELECTORAL COMMISSIONER
ADVISED TO REsIGN-AcTIoN or THE MA
yoRITy UNCONSTITUTIONAL AND AnBITRARY