West Feliciana sentinel. (St. Francisville, La.) 1876-1877, 1877-02-24


will proceed on the theory that il
did not, and come out just as satis-
factocily one way as the other. 1t
is a remarkable case, know, but
it happens to be SO. Now, if the
act of 1868 was in force at the last
election, it is not pretended that
that there has ever been any can
vass Of the vote of that election ac-
cordiDg to the statute. There is
no pretense Of that. They acted
on the tueory that the other law
was in force, so that if your honors
shall hold that the act of 1868 was
in force, because embodied in the
revision taking OBJECT April l, and
therefore no. repeating the former
act Of the 10th of March, then this
case tonight is precisely in the at
titudo in which it was four years
ago. At that time there came up
from Louisiana the regular certili
Gates OF the Governor that so many
persons had been duly appointed
electors Of the Senate but the
Senate, going upon the theory
which I maintain is the true and
proper one, raised committee in
advance to examine into the facts
about the electors OF that college.
They sent for witnesses and brought:
them here in large numbers, and
made an examination; and the com~
mi,tee reported Oh the subject not
expressing all opinion whether they
should or not he excluded, but
stating the facts that there had
never been a canvass Of those votes
by any persons authorized to cam
vass them, aud submitted the ques-
ton to the two houses whether the
vote should be counted Or not, aud
the two houses, acting each for il
self: decided that they should be
excluded. Now I ask this Cons
mission whether it will! do to decide
that Congress violated its constitu-
lional day a. usurped power in
holding :loat The vote should not bs.
counted four years ago. That must
be the conclusion thai you are to
hold, !or you cannot go back on The
Governors certificate. When We
come to the repeal OF the act OF
1870, tie question may be raised
whether the repeating iawresived
tie original law but in that State
that fact is forbidden by the con-
stitut!on. SO that the subsequent re
peal Of the act of 1870 would not
revive the act of 1868. The act
Of 1868 is lest entirely, unless it is
continued in force by revision. II
tho old statutes continued in force,
then the provisions Of the act OF
1870 did contain provisions III re-
gard to electors. The act OF 1872
did not, except to fix the date,
which was wholly unnecessary =,
Congress having determined that.
Now, then, I main tain, and here
l cross the path Of some other
counsel far more distinguished, ,
that the electors are not State Off.
GERS. They are, therefore, not ex~
c!ude6 in the general provisions OF
this act of 1872. Another point l
regard as entirely conclusive in re-
gard 10 the action Of this Return
ing Board in excluding voters -
When the constitution Of the Unit
ed States says that tho electors
shall be appointed in such manner
as the Legislature Of the State may
direct, it speaks, Of course, Of al
American State, a State cf this
Union, with u republican lorm OF
government. Congress could to-
morrow take up the constitution OF
Massachusetts, and inspect, and
finding it was not republican, re-
organize that State and when the
constitution says TIE State, in sucl