Ottumwa weekly courier., 1877-02-21

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THE SITUATION =
Commission Proceedings on
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The neba+e con+;ruea
WASHINGTON, Feb. l3.-Mr. jerks
said they were prepared to show that
the Hayes electors were not elected in
conformity with the laws. Would
the evidence be accepted, he would
further prove the same by evidence
now in possession of the house and
constructively before the commission.
They were further prepared to show
that Levisee and Brewster were incl.
igible; they would further prove that
under the constitution Of Louisiana
which prohibits any person from
holding two offices, three others were
disqualified, viz: Jeffrey, Marks and
Burch, respectively supervisor OF
election, district attorney and state
senator at the time of election. They
were prepared to show that it was de-
termined before the result was known
that, If necessary to affect the result,
the returning board was prepared to
give the state to Hayes regardless OF
for whom the votes had been cast. In
conclusion, he asked that the moral
light of the universe might be allow
ed to shine upon this transaction, and
that the nation be freed from the vile
act of this returning board.
Hurlbut said the commission, he
apprehended, stood in the position of
Q committee appointed by the two
houses for its convenience, to perform
certain duties, and their jurisdiction
was defined by certain well-establish-
ed laws. He maintained there could
be no question of fact that Kellogg
was governor of the wretched state
OF Louisiana, elected by the votes of
the people, returned by tho proper
officers Of the state, and regularly in
Quoted into Office. When the rebel
lion led by McEnery had overthrown
the legal government, the president
had used the power of the United
States to put down the rebellion and
restore this government, and the Sem
ate had, by q solemn resolve, recog-
nized and approved the action of the
president. The house of representa-
tives had also adopted resolution by
vote of las to SO, declaring that
Kellogg be recognized as governor to
the end of his term of office. The
legislature of Louisiana also agreed
that his term of office should not be
interfered with during the term for
which he was elected, and until his
successor had been qualified. If Kel-
logg was governor on the 9th of No
vember, 1t was manifestly true that
McEnery was not. He had of his own
will retired from the contest in 1874,
and had not attempted to discharge
any of the duties of that office up TO
this time. The certificate given by
him was irregular from necessity, for
he had not an office where the returns
could be made, and had no secretary
Of state to certify his signature.
Hurlbut argued at length against
the admission of evidence and going
behind the face of the returns. He
declared that the returning board
was a legal BODY and its decision
final. The supreme court of the state
itself, as regards its own legal cleo
ton, has decided that the return made
by this board, and required by law to
be filed with the secretary of state,
and also required to be promulgated
by publication in the papers, are evil
dence on which the governor eiyes
commissions to all officers in the state,
and that these returns and declara-
tions are prima facie evidence which
can only be gone behind in judicial
trial. For this, the commission is not
sitting, nor can it sit as judicial tri-
bunal to try which of the two gem
tlemen named for president has actu-
ally been elected.
Senator Howe then addressed the
commission on behalf of the repub-
lican objectors. He said we object
that you shall not count the votes
rendered by McEnery and his ASSOC
ciates first, because you have no evil
dence that they were directed by the
legislature of louisiana to vote for
president and you ought to have
such evidence before you receive
them. No man can have his vote as
an elector counted for president or
vice-president unless his right so to
vote is certified by the governor of a
state. John McEnery was not in
November last, and never was, gov
ernor of louisiana. So many Of you
as occupy seats here, who belong to
the senate, have often seen the sigma
ture of McEncry attached to the cre-
dentials of somebody aspiring to
recognition and knocking for admis-
sion to the senate, but you have nev-
er opened your doors to any such
demand, and SO many of you as
belong to the other house have seen
the same name appended to the cre-
dentials of those who asked to be
admitted to the deliberations of that
body, but you have uniformly turned
them away, and said we do not know
John McEnery in the character of
governor. I do not know that he has
ever appeared before the supreme
court, but another man has appeared
before that court, has been impleaded
peiofe II as governor OF Louisiana,
anu judgment has been given in that
court upon the issues therein con-
hrmed, SO that you have i'll all your
several capacities been called upon
directly to pass Judgment upon this
pfetense, and have all given judg-
ment against it. For four years past
Kellogg has presided over the state
OF louisiana, and has been recognized
a. a.s Lawful governor; Inc Presi-
uen. ~ ,,n mas recognizeo heliogg' he is
: .ne -. aaan a'. WY -. mas signeu all tne en-
ao.lnsi..s a,aaS =. =; TUG ieglsialure OF mas re,
am auseu W sign tnen, ana performed
a.s aa,oo o.heI lunc.lons pertaining 70 MS
Hnaoe, IN =, IN conciusion' MOVIE asked
c.,e sne co.l.I'ission 10 nsten TO the law
.ul vo.ce .. any other state ana give
WciSuI W IL.