, 1877-03-17

judgement of the people Is that intimidation
had been practised by the whites against tn
blacks. Where votes were thrown out
whether this intimidation compelled som'
person to vote against their will or prevented
some from attending the polls. it afforded il
their case no justification for deliberate re
lection of the ballots by the returning boards
The text of the statute of Louisiana, only
authorized proof of intimidation, in cast
where charges of violence were made, II
writing by the commissioners of elections OF
the day when the election was held Thes,
charges were TO be enclosed to the board Ii
envelopes containing the returns In a few
eases only were charges made as required.
In the rest the evidence was received without
proper foundation having been made evi
deuce, il consisted in the main Of afiiavi.:
written out ty the clerks and employees OF
the returning board, without ever having
been seen t'y the persons purportlnS to verify
them, or officers purpurtIng TO certify 10
them. There was, therefore, TO adequate
proof of intimidation, IL may be remarked
here that the temptation TO Kellogg and his
returning board was very great 70 mauufac-
ture cases OF intimidation, for it was only in
that way the democratic mujority could be
OVerlhrown aud the Conspiracy be suo0rssful.
We should not fail TO call the attention OF
the people to the dangerous effect Of the doc
triue of intimidation in politics. 1t disqual-
ifes from voting not only parties to the act OF
iutimidating, but ali those who have voted
at the same precincts with them Two per-
sons may conclude to make a case OF iaiimi-
datiOn, and thereby cause parish, casting
thousands of votes. 10 be rejected. II makes
elections a farce 1t lakes the power from the
people 10 vest 1t in the returning boards; 1t
enables the latter TO impose the severe politi-
cal penalties of dIsfrancbiSemsnt without
giving TO the persons punished an Opportuni-
" OF hearing or trial The republic deserves
10 lose lis liberties, if it to!erEtes such ont
RACES fer IN hour.
In the case of Florida, the commission also
refused 10 hear proof; that at the time OF the
election in South Carolina anarchy prevailed,
destroying the republican form OF government
N that State; that troops were retained there
n violation of the constitution, 10 interfere
with free choice by election. so that the
lawful vote of that State could not BE- known.
Against these decisions We protest most
earnestly, in the name OF free republican gov
erumeut- In the first place, they struck "a
fatal blow at the constitutional powers OF the
two houses 10 count the electoral vote. This
power has been exercised by both houses
without dispute from the foundation Of the
government. That evidence should be reach
ed in cases of contested elections is clear.
The principle has been maintained by the
ablest statesmen the country has produced.
Il was the practice, confined TO the principle
in secret session, notably in the case of
Louisiana itself in 1869 and 1913. Such eV-
identity WAS the view of both houses on the
present question. Committees were sent TO
Florida, South Carolina and Louisiaua. TO
take testimony and report as TO the election
in those States. 1t Is difficult to see upon
what principle this view can he based.
The duty Of Congress is to count the vote
This makes the enactment Of the vote 10 be
counted. This again makes he determine
tiou of what Is the true vote, and distinguish
ing what i false from true. This requires
evidence Forms Of law iSnpressing the fact
cannot be made unless evidence be admitted.
In the second place this decision mullins an
article Of the constitution. In section /,
article Il, it is provided that But no
Senator Or representative, or person holding
an Office OF trust or profit under the United
States, shall be epp1Iuted as elector." II
tie State choose electors who are ineligible,
how can this provision be made etfec; ;ual Z
The State by its action has refused to repeal,
manifestly 1t can then only be enforced by
power. By their frauds, corruptions and
usurpations, by their briberies, prejurles and
/ , II, ssbf bf.,iu
Gates Of election for the republican eandi-
dates Ia the southern States named From
the day that certificates were issued TO the
Hayes electors in Louisiana and Florida the
country has been filed with unprecedented
excitement. People have done little else
than engage in discussions as to the fraudulent
conduct OF the returning board. In this con
dition Of affairs business has been generally
su.peuded, failures have been frequent, and
prustrari0n seized nearly every interest III the
land. When the excitement was at It's height,
Congress assembled. One Of Its duties was
to count the electoral votes of the States, In
cludIuS Florida and louisiana. With the
view Of facilitating the count and providing
for the peaceful performance OF lis duty by
Congress, bill was passed creating an eiec-
ioral commission. BY that law the commis-
sion was 10 ascertain the true and lawful vote
of every State.
In this labor il was 10 exercise as to the
hearing of evidence and examination OF
papers, such power as Congress or eItheI
house OF Congress. possessed. In the belief
that evidence would be heard, and That the
settlement of the disputed question Of fact:
= H. b.1 .,A m.
people accepted The commission. How thai
confidence has been disappointed, and how q
decision was made. based upon the refusal tC
consider the unfortunate question OF disputei
Is well known 10 the country. When the
certificates from Louisiana and Florida wert
opened and submitted to the Two houses, OBJ
iections were filed to them, presented by the
HAYES electors. Against other grounds oi
objection it was urged that these certificates
had been fr4aduleBtly and corruptly issued
by the returning boards and executives Of
these States, and Is the result Of a conspiracy
between thera and the electors claiming Il
have been chosen. Such certificates have
been adopted in violation u the laws Of tht
States, aud some of the electors named were
Ineligible by express provision OF the eonstI-
tuition Of the UnitedsStates. When these obJee
tions we're made for consideration before th'
commission, proof was offered 10 the commits.
.iun TO sustain. The commission by vOi'
Of eight 10 seven refused to receive testimony
Of the facts, except as to the ineligibiiity o.
Que member in Fi1riia- Il vas voted in tbs
case OF Louisiana ih At the commission would
not hear e9idence to show that the returning
board was an unconstitutional body; that a
was not organized as the law required at tbs
time the vote was canV1ssed that 1t had n
jurisdiction 10 canvas the electoral vote tha
charges OF riot and intimidation were false
that the returning board knew the fact tha
the certificates were cOrruptly and fraadu
leutly Issued; aud a. the result Of conspir
cy and that the vote Of the Stale had neVel
been compiled or canyassed-
The same rulings substantially were made
in the ease Of FLORIDA CorSres- Is authorlz
ed 10 pass upon the vote which the State ha'
returned. Congress. then, in counting th'
vo'e, must determine who are and who ar
not eligible electors; facts which can only b
ascer, aimed by evidence G.irraae- Any othel
Goctrine sbrogs,es the provision cf the eonstI
r H..