The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-08

had never been cast. While eohslael,
ing the case the members OF the poara
endeavored to enter into negotiations
with both the Republican and Demo
cratic National Committees to sell their
decIsion. A half million Of dollars was
the price asked. Not obtaining IL, they
tried to bargain with leading Democrats
of louisiana TO elect the State ticket 81
their narty. J. Madison Wells, with
tho approval of Thomas @. Anderson,
offered TO elect tho Nioholls State ticket
for 5000, 900 cash In hand. The money
was not paid. Negotiations. were then
renewed, IL ever broken OIL, WITH the
leaders Of the Republican party the M, 70.
ault was declared In Ito favor. The
chief conspirator, J. Madison Wells. I'D
mitted that he had been paid by that or"
ganisation for bis decision.
In this manner more than one thou"
sand Tilden votes were thrown OUT III
Florida, and more than ten Thousand IN
Louisiana. The votes OF those States,
In consequences of u conspiracy, when,
In fact. had been cast for Tilden, were
given TO Hayes.
THE ELECTORAL COMMISSION.
A bill was passed creating an Gleo+
toral Commission. BY that law the
Commission was to ascertain tne true
and lawful vote Of every State. IL this
ing Of evidence and examination OF
papers. such powers as Congress or
either house OF Congress- possessed. In
the belief that the evidence would be
heard, and that n settlement OF tho q iB-
puted question of facts would be fairly
reached, tho Congress and people ac-
copied tho Commission.
When the certificates of Florida and
Louisiana were opened and submitted
to the two houses. objections were filed
10 those presented by the Hayes cleo"
tors, Among other grounds OF obiee.
tion. IL was urged that these certificates
had been fraudulently aud eorfuptly
issued by the Returning Boards and
Executives Of these States, and as the
result Of a conspiracy between them
and the electors claiming to have been
chosen, that puoh certificates had been
issued in violation Of the respective
Statea, and that some Of the electors
named therein were Ineligible by ex.
prees provision OF the constitution OF
the United States When these obiee-
tons We're, made for consideration be,
fore the Commission, proof was offered
to the Commission to sustain them.
The Commission by vote OF Q to 7, re-
fused to receive tho testimony offered.
except as TO ineligibility as to a single
member In Florida.
LOUISIANA AND FLORIDA.
1t was voted In the case OF Louisiana
that the Commission would not have
evidence to show that the Returning
Board was an unconstitutional body !:
that IL was not organized as the law re-
quires ut the time the vote was can
vassed; that IL had no jurisdiction to
canvass the Electoral vote; that the
charges OF riot. intimidation and vio-
lenee were false, and that the Return
ing Board knew the fact: that the GER
ly issued as result of the conspiracy,
and that the vote Of the State has never
been compiled as oahvassed.
The same rulings substantially were
made in the case OF Florida. The Com
mission also refused to hear proof that
at the time of the election In South
Carolina anarchy prevailed, destroying
O republican form Of government Ia
that State. and that troops were retained
there In violation Of the constitution, to
interfere with free choice by election, 50
that the lawful vote OF the State could
not be known. Against these decisions
we protest most earnestly, In the name
of free and republican government. In
the first place, they struck y fatal blow
at the constitutional powers Of the two
houses to count the electoral vote.
MEL atBLE ELECTORS.
In the second place. this decision null
lilies an article OF the constitution. In
section l, article A, 1t is provided: "But
no Senator or Representative, or person
holding an Office OF trust or profit under
the United States, shall be appointed an
Elector." IfStates choose Electors who
are ineligible, how can this provision
be made effectualp The State by It's
action has refused TO repeal 1t. Mani
testify IL can, then, only be forced by the
power authorized to pass upon the vote
which the State has returned.
Congress, then, In counting the vote
must determine who are not eligible as
eleetors--facts which can only be ascer-
tanned by evidence aliunde. Any other
doctrine abrogates the previous con-
struction, and In effect substitutes the
following: Senators, Representatives
and all persons holding Offices OF trust
or profit under the United States may
be appointed electors.
FRAUD.
In the third place, the doctrine ig-
nores all presidents and rules OF NOR
ais, In excluding all evidence OF fraud
submitted. Nothing can stand which Is
furnished by fraud. 1t vitiates every
thing. 1t annuls every deed, cancels
every obligation, annulS every contract
and reverses every judgment.
IT WAS LEFT
for this Commission to declare that
there were certain tribunals which
could perpetuate fraud with impunity,
and that there was one court which
could not lay its hands upon fraud when
brought before it for review.
Those exceptional tribunals were the
Returning Boards Of Florida and Lou
isiana. That exceptional court is the
Electoral Commission.
HOW THE PRESIDENT WAS MADE.
BY these methods, under forms pre-
scribed by law constituting the Flector-
al Commission, Rutherford b. Hayes
has been declared President OF the
United States. His title rests upon dis
reimbursement Of lawful voters, the
fala eantiEanAaa Of tha Rotiirninu