The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-14
The Electoral Count.
The Argument of the OBJ
jectOrs Finished.
And the Arguments of
Counsel Begun.

WASHINGTON, Feb 13-The Electoral Com
mission met at II a. m. All the members were
present except Mr.. Thurman.
Judge Clifford said the directors to certifi-
Gates NUN oered l and (frOm the Hayes cleo
| tors) would be heard for two hours, aud then
| the directors to the certificate numbered 2
would be heard for two hours.
Senator Mcdonald said that one of Com
mlssiouers (Mr Thurman) was i'll, aud sug-
| gested that there should be a little delay be-
fore going Oh, to allow him to come in. This
was agreed to.
After delay of fifteen minutes. Judge Cliff
ford announced that Mr. Thurman's clerk had
reported that he was suffering with neuralgia,
but would be down directly.
The Commission then directed the argument
to proceed.
Mr.. Thurman came in ten minutes late.
Senator Mcdonald proceeded to recapitu]ate
| the objections to the Hayes certificates as pre-
| sented in the House yesterday.
MIR. jerks said that by the act creating the
| commission, it had been determined and settled
| as fact, that the two Houses of Congress
| should count the votes. The duty to count
the act, and this being constitutional power,
no legislative act can deprive them of the
power to do so intelligently. Mr.. jerks assert
ed that the result of the popular vote had been
| reversed in Louisiana by the exclusion of 10000
Tilden votes and 1000 Hayes votes, making a
difference of IL 900 votes against the Tllden
| electors. He proceeded to review the election
| in the several parishes, taking as a basis of
| facts the testimony before the House commit
| tee, incidentally he claimed that this testi-
| the commission. He claimed that the super
visors of the election had thrown out a large
number of votes without shadow of authors
ty, and in one case where it could not be told
clearly whether the returns for the Tilden cleo
tors were 279 or 277 the whole vote had been, on
Il this apc0unt thrown (TOinU the
turns, parish by parish, he in each case assert
ed that there was evidence of fraud and irregu-
larity, declaring his readiness to show the same
| by evidence in his possession and cOnstruc-
| lively before the commission. He was further
prepared to show that Levisse and Brewster
| we're ineligible, the former holding position as
| commissioner appointed by the circuit courts,
| and Brewster as surveyor of land district. He
| would further prove that under the constitution
| of Louisiana, which prohibits any person from
| holding two offices, three other electors were
| disqualified, VIZ: Jefferson, Marks and Burch,
who were recently supervisors of elections, dis
trict attorney and state Senators at the time of
| the election. He was further prepared to show
that it was determined, before the result was
known, that il necessary to effect the result,
| the returning board was prepared to give the
| state to Hayes no matter 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 the ma
L
| the returning board.
Mr.. Hurlburt followed Mr. jerks opposing
| the argument of the latter.
Following Mr.. Hurlburt Senator Howe adj
| dressed the Commission, Directing to counting
the votes rendered by McEnery and his asso-
ciates because the statutes of the United States
/ require electors votes to be certified by the
Governor of the state, and McEuery never was
Governor.
| All the members of the Commission in their
4 &c
Congress and judges of the Judges of the Su-
| preme Court have been called upon directly to
| pass judgment upon this pretence and have all
| gwen Judgment against it. [ ask, he continued,
This Commission to listen to the lawful voice of
Louisiana as you would listen to the lawful
voice of any other state and give weight to it.
| There is more than one foul stream to be found
| in louisiana That to which the other side
points may be dirty but coming right from
that state l know of other and larger streams
| which are net merely dirty but bloody. l would
oe glad if in this tribunal or in any there was
! power to say that only pure water should run
| anywhere, but the power does not reside in any
one tribunal. 1 want all the streams to be
| cleansed and be purified as soon as can be, but
| take the fOuler element out first
At the conclusion of Senator Howe's argu-
ment Judge Campbell informed the Commits
sion that Messrs. Carpenter, Trumbull and
himself would appear as counsel for the Demo-
cratic side in this case.
| ton, Shellabarger and himself would appear for
| the Republicans.
Judge Campbell requested that the time for
| the arguments on the merits be extended to six
hours for each side, and Commissioner Abbott
| submitted a motion to that effect,
Commissioner Garfield moved to amend by
| making the time four hours for each side.
| Without voting on the question the Commits
| sion, on motion of Commissioner Edmunds.
/ took recess till 80 o'clock
On reassembling the Commission announced
| that four hours and half will be allowed to
each side for their arguments, and that the
Commission would commence the hearing at 5
| o'clock and sit until this evening.
When the Commission again assembled at 5
| O'Clock ex-senator Carpenter rose and said: If
The Court please to relieve some little anxiety
that exists in some parts OF the country let me
occupy one moment in stating for whom ap-
pear here. desire to say in the first place
that do not appear for Samuel j. Tildep He
is gentleman whose acquaintance have not
the honor of, with whom have no sympathy.
against whom voted on the 9Th of Novem Der
last and if this tribunal could order new trial
should vote against him again, believing as
do that thee accession of the Democratic party
to power in this country today would be the
greatest calamity that could befall the people
except one, and that one great calamity would
be to keep him out by fraud and falsehood. I
appear here for 10000 legal voters in the state
OF Louisiana, who, without accusation or proof
indictment or trial, votice or hearing have been
DISTINGUISHED by four villains Incorporated in
perpetual succession, whose official title is the
Returning Board of louisiana"
beg your honors to pause a moment and
consider the lesson you are to teach to the fu-
ture politicians of this country by this DAVIS
work. This is no ordinary occasion, no ordina-
~ tribunal, no ordinary cause An emergency
has arisen which has induced the two houses Of
Congress to create tribunal made up of what
is most distinguished in this country for iutee-
rity, for learning,for judicial and legislative eX-
perlence and to tide the nation over great
Crisis in its affairs. The decision which YOU
pronounce on shis cause will stand as land.
mark in all the future history of this country,
and L ask you to pause and consider for mo-
ment what you are asked to do here
The honorable gentlemen from the House
who have appeared here against us do not pre-
tend by the votes given gu the 7th of November
the hayes electors were elected IN Louisiana.
No serious pretence of that kind is made Since
the last election the Republicans have got pos
session OF Florida, saved to them by the decis-
ion that where clear proof is offered that can
wasting board has acted fraudalently in making
up their certificates this tribunal will take
no notice of 1t and if this tribunal will not.
neither Houses of Congress can, for Won have
here the power of each House and of both
Houses, and Ii the Democratic canyassers of
Florida don't send up another ticket here by
10000 majority, it will be because thew have
not improved upon the lesson given. Ii it he
true that the governor can certify man AZ
duly appointed an elector of state who has
not used single vote at the poll aud that loo
upon the action of Returning Board which
has been bribed or coerced to throw away ali
the ballots cast and certify falsehood known
to the public mind known to both Houses of
Congress by the investigation they have made
who is SO hopeful as to believe there witt he
another President elected by anything but
fraud? Why 60 through with all the tremen
dons labor and expense of a political cam
paign when with third of the money Won can
pride Returning Board and carry an election
without vote?
Mr.. Carpenter contended that the powers of
this tribunal are not judicial, neither are
they those of legislative committee of inves-
tigaton.
At this point Justice Bradley interrupted
Il don't think there is difference of opipion
on that point. 1t is the universal theory so far
as | am Informed, that the powers of this Com
mission extend so far and SO far only as the
powers of the two houses of Congress-
Mr. Carpenter contended that the powers of
the Commission were political aud legis-
ative. He quoted the language of the act
creating the Commission aud commended that it
IS the duty of this tribunal not to ascertain
S Mnat appea' to be the case, but who have been
uuy appointed. Carpenter proceeded to main
.aiu enat the manner of appointing electors in
sne state OF Louisiana is IN violation of the
coosI,tutlen OF that state and therefore not in
compliance with the constitution of the TTnited
States VI 'ho y ni'eu
Shortly before O'clock NJ L..