The New York herald., 1877-01-05

this worthy should be accepted by Congress without
examination. Tho incident, stated oy Senator Thur
man. is as rolows:-I In tho count Of the votes in
Louisiana in 1875 James Madison Wells lPrcsidcn'
then as now OF the Board OF State Canvnssers) dis
frauchsed the wnoe parish in which he claimed to re.
side deprived 1t OF Its three members whom IL had
elected the Legislature, and put IN three men who
had not been elected, his own mere affidavit al-
esng intimidation, when 1t was acknowledged that ho
not present in the parish on the day OF election.
II Is also further admitted that this affidavit not
made ia public, ana never submitted to any OF the
parties whose election was nullined In consequence,
but fled after the State Canvassng Board went into
secret session by Wells as a member Of the Board,
and even seen by the men who were elected
in virtue OF It's making and official presentation. by
their counsel or the public.
Now the affidavit thus madc by J. Maids on Wos
either true or false. Mr. Thurman pronounces II to
have bcen wholly false, and no Senator veutured 70
contradict his assertion. The testimony before tho
Congressional Committee OF the Forty third Congress-
rs we'll tho testimony OF all tho newspaper men
who made study oi Louisiana politics IN ls75 IL also
concurrent 10 the effect; and II false, then the
President Of the Louisiana Returning Board was clearly
guilty OF perjury, and, us convicted perJurer, can
vassed and returned Tor Hayes and Wheeler the .ast
electoral vote 0i Louisiana.
Under circumstances It Is pertinent question
Eamunas Morrill, and to Mr.. Hayes himself whether
either OF them would think Tor Que moment of appoint
u with such record THIS j. MadlsOn w ellis
their executor trustee, ior the management Of
their estates for the benefit Of their widows or
orpnans Tor the discharge OF any trust Involving
the practice OF the most ordinary good iath anu
honestly No one can doubt what their answer would
be practically II not verbally And IN thus answering
Judgment is BY them gwen that neither tho woru
the honor OF sucn man has any claim TO be ac-
ceped or the deciding OF the result of an election on
winch the welfare Or misfortune of over 40 00O OO0 Of
people are dependent
an well aware that 1t will be replied, that, grant
ing a that is alleged against tho personnel Of the Lou
isiana Returning Board, there Is, AS tue New York
Evening Post recently expressed H. mot word IN the
constitution not line III teueral or state law, not
| precedent irom the foundation Of the government
until tnis hour, to sustain the theory that the
houses OF Congress, when the votes come TO be
counted can resolve themselves INTO u national re-
turning board Tor the purpose OF inquring INTO tho
proceedings OF State canvassers Or o setting aside the
Ministerial or judicial acts Of state officers acting IN
con niormlty with state laws" But such an assertion
has no sufficient warrant For there such word,
anu there Is such u line In the constitution OF the
United States occurring once, but three
IL occurs lrst III the preamble, winch denues the
object the Contribution 80 establish Justice" uhd
so by implication Iorbds any proceedings under the
text Of the constitution ior electing PRESIDENT or
performing any other public act whereby perJurers ana
law breakers take advantage OF any OF las provs-
ions 10 work injustice Second, the constitution de-
cares that he Unileu States shall guarantee every
State republican form ot government" Butt Stale
government winch gives to board canvassing Votes
detcrmnative OF popular election the power 10 pass
upon tho motives or mental condition oI the individual
electors is not republican form OF government; for
such board. by lis assumption and acts, attempts 10
upon ltsclI the prerogatves OF omniscence and
perfect irrcsponsitiy and cannot take ono step IN
thus attempting without ignoring the "majority prin
cipe" Third, the fourteenth amendment provides
that State, acting AS State through It's enact
nents ''shaI deprive any person Of liberty With
out uue process o law. " But the liberty here referred
to is not merely liberty OF The person. uut all the lib
erty that can accrue to citizen under republican
form OF government. and "procesS OF law"
has been dened over and over again by the highest
courts in TINS country and In England TO be,
nos ene Mr.
expre.seu II in celebrated Uartmout College case,
.'enacted for tho purpose OF working wrong" but
ssuch Oi tue powers vi government as the
settled maxms Ct law SANCTIONS, aud under such safe
guards tor tue protectcn OF Individual rights as these
maxms provide '-Cooicy. Now Ia the case ol this
Louisiana Board, the right lberty) TO exercise the
elective franchise has been denied ey them 10 about
one twelfth Of tho whole voting population Of the Sao,
under plea oi mental ntmidation when vote larger
in proportion to the population was cast than WAS
polied in the State OF ut the same elec.
iion under rules ana proceedings that arc not In
consonance with thing that can claim TO be "due
process Of law" but IN virtue VI enactments ny
legislative assembly never legally constituted, and
BY board organized IN defiance OF the pro-
visions OF these same enactments aud
constituted three out oi lis four acting members.
OF one convicted perJurer ana commissioned federal
ohcal one llerate negro proprietor ana Keeper ol
negro rum shop, aud one State 0icial the tenure OF
whose petty profitable office dependent on the
pleasure OF the parties VINO we're ~ profit ny the fraud
perpetrated through his instrumentnty. II Is also
interesting to note in this connection Tar these
vews have the concurrence OF Carl Schurz. VINO
tony much entitled us any other man III the re-
publican party TO represent and speak i0r Governor
iiayes Discussing the political condton o Louisiana
In the Senate. January II, 1875, MT Schurz used tho
following languagc:-'l declare IL here my solemn
| conviction that the conservatives OF Louisiana did
fairly carry the laio election by considerable majority
OF votes that they deirauded by the Returning
Board result Of that ecction. and that tho SOL
| dcrs ol the United States when they invaded the
Legislature oil louisiana, did not vindicate, but
tranpled the heels OF awess iorce the truc will
OF people, lawfully expressed at the polls That Is
my honest conviction"
And again sit has not been overlooked that when,
after the nsurrecuon OF The l4ih et September,
rangements attempted IN LOUISIANA 70 divest the
Returning Board Of It's suspicious partisan character,
the leading members of The Kellogg party most
strenuously objected to the admission Of an equal
number Of conservatives and republicans, with one
man OF unmpcachabe character " be chosen by them
Jointly to umpire IN the return OF the votes;
thus insisting tor themselves upon the privilege ~
count The votes as they might choose"
Mr. Schurz has SAID nothing yet on the subject Of
tho present Presidential perpiexes but, unless he
prepared " hls words and thoroughly stutiy
himself II Is difficult TO see how he can advocate tho
acceptance Congress Of the results OF the election
IN Louisiana es determined by returning board
whose authority anu character he has as above de-
pictcd. DAVID A. WELLS