The Portland daily press., 1877-02-16

leved OF any necessity to prove that Kellogg
was de facto Governor for in their first propo-
siton the other side offers to prove that through
the months Of October and December. There
was, he said, no proof that Brewster and
Levisse were not qualified to receive an election
on the 9th of December. 1t was also among
offers to prove that the Kellogg certificates was
by the de facto Governor of the state, and this
certificate shows for whom the votes were le-
gally cast.
Mr.. Evarts argued against the authority of
Congress to interfere in the affairs of a state
and said cur forefathers were so jealous of
federal power that they would not permit the
introduction of federal finger in the state
election of federal officers, but now it was
sought to thrust the thickness of mans loins
upon the power of state by an inquiry
through this commission Into the election of q
state. He denounced 1t as monstrous propo-
sltion that Congress should sft and sift. discard
discount and destroy an election in state,
Their position in the Florida case was un-
changed. In the absence Of necessary legisa-
ton there could not be revision of the count.
He took up the claim of the McEnery cleo
tors and said that acting without color or show
of authority, neither McEnery nor the elect rs
having been indicted into Office, their action
was wholly void. In support of this PROPOSE
ton he cited numerous authorities. o. the
other hand, suppose Brewster and Levisse had
been ineligible there was color and show of
authority, and the state was not to be deprived
of an act which it approved by an objection
raised at the moment of counting the vote. In
reply to the argument of Mr.. Tru mbull, that
Brewster aud LeviSSe were ineligible, but six
electors were elected, and hence there were no
vacancies in the other two cases, Mr.. Evarts
contended that the Office must DO filled or
there must be a vacancy. There could be no
such thing as vacancy. The Office was not
vacant AS to federal disqualification, there
was no evidence off red that touched the point,
md il there was, lt would be inadmissable
IN fha staff. lificatiop he arouad RI n
an elector was not an officer, but that the term
applied in like manner as the primary appllca-
ton of the word eiector TO the vote of polls.
Evarts said he had no desire to appeal to par
tisanship He desired to present his case as
an American citizen He wanted the wrongs
IN Louisiana that had so long been perpetrated
rem-died, but he wanted them remedied by
law. He wildly pictured the condition of
affairs in that stale, and said IL was not state
OF affairs to be smiled at An attempt was
made by putting in the constitution provisions
for the support of good government and the
Legislature undertook to carry ont its pro-
VISIONS. There was one limit, and that was
that the means should be adequate, appropriate
and reasonable. 1t was by the means adopted
that the state was saved from civil strife and
anarchy. He contended that the decision in
the Florida case, not to inquire whether the
Returning Board acted without jurisdiction,
covered every point in the present case
Mr.. Thurman said it might be that MAORI
" OF Lu0 OOnInlSSlOu mao Thought tne law OF
Florida authorized the board to do what was
done, which might not be the case in Louisiana.
Mr.. Evarts said he could not know that but
he was following the argument OF Mr. O'COn-
or in that case. O'Conor had not denied that
# the inquiry was extended to the act of the
Returning Board it could go to every precinct
and poll, but if it was found the Commission
was getting too far to sea it could SWIM ashore
drowning whichever candidate the depth of
water at at that point was against. Ii the
work could not be thoroughly done it had bet
ter be left undOre. Suppose it had been provid-
ed that the Governor was person to cast the
electoral vote of the state, would the Commits
sion inquire into the mode by which that Gov
ernOr was elected? Would it stop to inquire
whether he was party to a conspiracy to de-
it would be enough to know that he was de fac
TO Governor of the state, and the same rule APP
piled here.
Mr.. Evarts closed with an earnest defence of
the blacks of Louisiana, saying that it was pro-
posed to make them the victims of the Consti-
tuition, for the Constitution gave them the suf.
irage, and they were now to be slaughtered for
having it in their possession
Mr.. Evarts closed at / 10 p. M, having occu-
pied all tae time allotted to that side, and on
motion OF Mr. Thurman, the commission took
a recess till 145.
After recess Judge Clifford read the resolu-
ton of the Senate granting the use of its cham
Der alter the Senate had taken recess but no
action was taken regarding it. He then an
n0unced that the Republican side had consum-
ed its time and that two and half hours re-
NAMED to the other side
Judge Campbell then proceeded to close for
the defence. He said he did not understand
that the Presidential electors owed their exis-
tence to thelconstitution of any state, but that
they derived their power from the people of the
United States, which were the United States
under the confederation and before the consti-
tuition was adopted, which was, in its own Ian
guage, to form more perfect union. Now
what are the powers that the two Houses of
congress have exercised in relation to this sub
Ject? do the states come before you in shape
OF sovereigns and claim of you by any title SUI
perior to that of the Constitution that their
votes shall be cOuntedo Do they come here
and tell you thesPresident of the Senate is to
count these votes at the peril of our displeas-
ure? That has not been their tone or temper
when approaching this subject
He then referred to the fact that Congress
excluded the votes of four states after the war,
and asked, is it now the feeble, paltry. imbecile
thing that cannot deal with the certificate of a
fraudulent returning board. L am told again
that no examination can be made into the au-
thorlty OF the state legislature, that they have
a separate authority 20 direct on that subject
and that is their reserved right and we cannot
tonch ii or impair it. They claim it is gross
usurpatioD if you venture to enquire into the
acts of a legislature.
This Commission has power to look into
every act OF The legislature, and if that legis-
lature contraVenes the fundamental principIes
that lie at the foundation of the American lib
critics they should reject the votes. 1t is these
United States, 50 in number, who are intereste-
ed In the exercise OF this power, for it is the
elsction OF their chief magistrate who is charg-
ed with the performance of the most important
acts that nation Can authorize, This Presi-
Dental appointment cannot 90 into the market
as stock TO be bought and sold Although there
may BIZ millions in a Presidential elections, it
must speak the voice of the state in its best
feelings and intelligence, and If you see that
Certainly this canuot possibly be represented in
the directions of the Legislature you will discard
The directions. Now then, having shown that
the legislative directions must be conformable
10 The splrls OF the constitution, 1T follows in
evitably that the two houses of Congress must
lsok into the nature and character of these
dIrectloDs
1t Is not an absolute or arbitrary power that
IS conferred upon the Legislature They do
not possess 1t IN full sovereignty, as the argu-
ment would seem to imply. They are respon-
sible to the people of the United States as
much as the Legislature is responsible to the
people OF the state In this view, in nv iudg-
ment, perfectly unsuitable and proper exer-
else OF power was made in the case of LouIsi-
ana when her vote was rejected in 1866 by the
two houses There was q quarrel in the
state between two returning boards. and after
an investigation of the facts in the case,
the Senate announced its opinion in
very clear language, and as l conceive it was
perfectly legitimate in its CONCLUSIONS, and de-
termIned they would not receive a return COM
puted and collected in the manner in which
that was Gone, even though the office had been
accepted by the electors and the votes had been
regularly returned. That case is parallel with
Tue one before the court.
ane returning Board was required by the act
creating IT and by the oaths of office of it's
Inempers W canvass and combile the original
returns. That canvass was never made and
that compilation never took place, but another
paper called "Contabulated statement was
relied upon, and upon it they based their ac.
ton. He then called attention to tie fact that
the Returning Board las required to do bv act
of 1922 canvassed and compiled a single re.
turn made by the commissioners of election.
They made as mentioned before "the tabu-
lated statement of the supervisors" which was
a secondary paper.
Campbell then related in some detail the
method of The election aud how il was con-
trolied il Loulsisn
The Electoral Commission, after the close of
the pubic session this afternoon, had a short