New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-16

Revised Statutest ,. -. ,o--
Mr.. Evarts-l am reading from the cdiuon OF 1870,
which Is the proper ono. 49, ,. -.
commissioning fhurman-Was that passed as one act
Mr.. Evarts-I understand that 1t was Then we have
another title in these Revised Statutes. separated lO
so the Gas crns S recns e acts Of
and then in ten sections enumerates the PROVISIONS
poses the same as the two laws Of 1868 in force
when these Revised Statutes came into operhs
on the I4th Of Marca. 1870, and on the 10th
March, 1870 law was passed . and Is 10 Se
The title of this act is the same that OF the Election
act OF sSS IN it's s % Act pros
section a. that the Governor. Lieutenantt
Secretary OF State and John Lynch and T. c. Anderson
or majority OF them, shall be the returning officers for
all elections in the STATE and there s at section so-the
final section of the act-the repeating clause tsai al
laws parts OF laws contrary To the provisions or this
aud all laws relating TO tine same subject matter are
hereby repealed and this act shall take effect from ana
peal In the first place upon general principles al o
Tleciions enforrins this provision No. ios and ali
parts OF other laws that within he purvicw OF the
conduct OF elections held that STATE and no Other
| parts said laws, repealed by that section
Now the election OF 1872 held under that law Did
anybody I'D Louisiana conceive that Governor was TO
cauyassi Some question raised whether the act Of
1872 which passed the 10th OF November 10 pro
vide another returning board in operation but the
the state in hs that have been pps
sOciates dispose OF this question as to who We're the re
turning board and the canvasslng board-Deing one anu
that mcnth Therefore the whole operation Of this
1870 repeal OF tins or ta portion OF the independent
ton act (Which was not an act concerning their election
but concerning the discharge OF their duties giving them
except the canvassing board Now, whether the can
vassng board OF 1865 the same or NOT Is not mate
ConmsStoncr Eradley-Right there, il your attention
has called to it, let me state that The digest o.
the statutes made immediately after Tie revision ana
publication January, 1871 contains these two titles
itself under the Title of Elections and the
John Ray under the direction of the Committee OF K
vision, anu that digest under the head OF " fecnons,
/ h.a fhA M
the exception OF the Returning D0lr., WilCh etehs "
indicate the impression Of the profession at tie TIME
Mr.. Eyarts-i thank you for Interference. r.s
Resuning Mt Evarts said: Inc Cahyassing boai n1
$50 Dil any Of these eminent who atteIat'
in New-Oreans during the month Oi November slSscs'
that Gov Kellogg ouCht canvass these votes 81 ircS
denai rcctorsi But the vice, the fault the men
rablo wound Of this election, they say Is mat uo' h
| Commissioner Morton inquired whether tue digest
from which cOnusc! had been reading was 10 NC ShDi'
| Commissioner Bradley said il submitted to the
| Commission of revision of that session. he thought
pIsoUAIlF1CATIoNs OF ELECTORS.
Mr. Evarts then said that while the laws of 1870 re-
pcaed The enactment OF 1868 rs to canvassng the vote
the original provision 10 electors remained III ioco
lie then discussed subject of qualifications OF etce
tors, first depTecatiD2 any interference Dy Coh9reSS III
| the matter, lie said:
Congress is not the judge OF the qualifications Of
ELECTORS II 1t was ever intended that Congress should
be, why not provision f1r II asserted u! th9 Ool'
tSe influence he inserted in the election by
| having a Federal officer voted for at II bu! II
is is nov pfopcscd to lay tho thickness OF "a
mans loins on TIE sad election ~ Judging
II is gfavey pretended mere not in terms Cor The
cfrontery o tue proposition would anrSh. tnc sWSer
ask You 10 srribe hous Of Congress. when
met TO count the vote with the Vice,Presdeui 10 tht
chair precisely the same pOwcis IN tier uncontrolled
execution that IS attributed 10 The election of members
Of Congress. Why did not the wise Trainers OF me Cor
,tituio indicate that Congress Las tli5 power II tcJ
believed in il, and now could they anjr,ite t3t the
whole spirit aud purpose OF excluding Federal anP 10
within me choice and execution ana eeitnca,n o. VI,
choice shDGld be perverted Into he hOnsF"uS
clam that an uncontrolled political authority rests IN Tie
Two houses Of COng.eSs To- st discard, ulst1ui ana
destroy the election and MAKE sue lncH Gi,'HiS an
answer their purpose If any further eluei iaVn OF in}
general views l. needed, mast Respectfully ask attrA
lion the reported argument OF MF Matthews ahd my
| sell in the Florida case -.
now come to the matter Of the PROOF of IT,. How
mat in Florida II 81 hupiencd that TIE lilhc
| pies alleged Professionally .ld not raise ihe
ease hut propositions are unchanged Ihcsc electors
have been elected have acted aud iAeY nav" been cef
fled II has been asserted that man VINO my 'r t
lddn nc attention OF Tie COMMISSION is called in
paSsug to some decisions Of tle supreme Court OF rem
sy!yanil regard 10 The power OF minority OF boar"
| H. transact business, I'LL vacancies, nc. .
Nnw suppose that Leyisse and Brewster We're each OF
| t!irm ineligible. They elected. They are ~ tHeeu
of the office. and TIE state Il not 20 nc f"hiVed ~
IN execution that is satisfactory itself by cN.Tane It's
evidence adduccj at the moment Of counting the votes
that the man WIS ineligible Congress mast give thi'
cons duence by legislation aud SOME mode ol De
terIunng IT, il cannot arise. But here these men are
!" WsG the O. ECON BRET canryGi not only double bat
| a treble debt 10 pay comes Up again 20 prove ih1t
| has been no Election. mat is the reacA
Of that supp sition itcfe nS p'cn no s t m
yOEd that IS ar1ed only On" ou' OF e'sh' 4!S 10 De
elected, then there has fac0 10 he IA rect3h ana h
10 make ali tins applicable 10 The exHns state OF Law II
Louisiana, you are asked 10 believe you ere 'Sheu "
EOld against all the authortes, tiaJ an elcocd W,lS
bic person not elected; and that, If he hss not been
pected there - not vacancy IL tie college, When one
state has said, oar method OF iilE5 any vacancy tl:t
shall happen tor any cluse' any detect oI iHl ni!,i :
| these tiiat mali have been cluscn snail nil H."
our learned cnds hOli that jclc pelng 10 vacancy III
an '.ht1 Is ,nri SJ r. - nn, tcat mai
Is the IrJpOsitl3r. Now oEi.c is either vacant o.. full
There are forms in law bo tween those TWO po!">-
| TORS between vacant cr dL 1t Is not i'li Win an
Icome now to tnc question of States dsQuaihcat'oas
The Constitution Of tc STATE OF Lousiana pro,
same tnae than oics OF iusS Or prou except
1i - Vas Coyer1nr; tJr Kcilagg Vas drcior. some
vi these electors held minor Offices IL y SAID Proof o.
the ct offered regard 70 the Others u ord that
The sat, !isqua alton may now be inquired INTO ana
verified In tro counting OF the N0te mere Ihte are
saicent to thls. Lea US JOh q; another cIisc
oil ms Constitution, which provides SOME OIcT cSqlai
nrations-articlc 80: "Tbe following persons snal he
prohibited from voting or Eoding any oiite Al pei'ohs
who shall convicted Of treason, perjury, forEcs., or
other crimes punishable in the peniteniary,' ETC
with numerous list OF dsquahcatons ioi hodi i
| any Office in the state SnppoSe an imiilaii ii
T s. o mSaG abS the eI EScor cocss ana
authenticated ~ the Governor Of any Of tlc,e Gsluai
ncatOnS could YOU inquire INTO ihtnf certainty MOI.
IL is IA iddical nQnry But this office, MI Tiunbul
and pener, moi State Oice. Well IL ~ net
state office. II is representative cl"ctOr When lie
comes nto Office holds Office under the Constitution
United otatca Ihcn h acquired the Office by NE
action OF the State. The function the right 10 vote nc
is representative eectOr. Now This clause OF the Con
stulon does not nOli that any officer under that state
shall hOld Federal Office ask attention to The cases
OF the JtD Louisiana Annual 1913, and the 9th Louisiana
| Annual 10, ana the 10Th Louisiana Annual, 1875.
| Commissioner ThuInan-DU you mean 10 be under
stood, Mt Warts admitting that Presidential elec
| tor is an officer ~ ALI
| Mr. EvnI1s-No. | do not thiuk he il an ,Gicer He
certainly not state officer. think he Is elcctor
voter having qualifications, and his Office is Of the
I'M. IL ~ nIt