Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1877-02-22

to GO to the very bottom Of the case,
and ascertain who were the legally-elected
electors in Louisiana. He went into a
general review of Louisiana affairs, and made
what is claimed to be the ablest argument i'll
behalf of Illden yet delivered before the COM
mission. He was followed by L. w. StoughtoD
ON the Republican side, who argued that the
Returning Board was legal body. and had
power To apportion the vote and finally certify
1t. IL seemed to him that the decision of the
commission in the Florida case determined the
entire question here raised as to the right of
the commission to go behind the action of the
Returning Board. and he could not perceive
that any question Qnuch less the main ques-
tom was now open for argument. In conclusion
he said Talk to me about outrage. frauds
and acknowledgements OF voters. There are
two sides of the question, and if You sit here
to go back and canvass votes. Won sit here to
administer the laws of Louisiana, and You
must administer them by learning who have
been disfranchised, and what was the lawful
vote Of that State in harmony with her laws.
and not in harmony with the will of
party" Mr.. Shellabarger next addressed
the commission on the same side. He argued
that Kellogg was the rightful Governor of
Louisiana, that the Returning Board was
legal body, that the electors objected to were
not ineligible, and that it is not competent for
the commission to 60 behind the action of the
Returning Board for the purpose Of finding
out what happened in its exercise of jurisdic-
ton bestowed by the statute.
THURSDAY, Feb. 15.-Argument on the ad-
instability of evidence in the Louisiana case
was resumed. William NJ Evarts, of Republ-
can counsel, spoke against the admission of
evidence, and Judge John A. Campbell closed on
the Democratic side in favor of receiving testj-
mOny. At the conclusion of the speeches the
court went into secret session, and, after an
hour debate adjourned.
FRIDAY Feb. 16.-The following is a brief
minute of the secret deliberations of the COM
mission upon the question of admitting evil
dence in the Louisiana case Mr. Hoar moved
that tn evidence be not received. Mr. Abbott
moved, as a substitute, that evidence be
received to show that the act of Lou
isiana establishing Returning Board for
that State is unconstitutional, and the acts
of said Returning Board were void
This was rejected by the following vote :
Yeds-Abbott Bayard Clifford, Field. Hunton.
Payne, Thurman. Ndys-Bradley, Edmunds,
Frelinghuysen, Garfield, Hoar. Miller. Morton.
Strong-S. number Of other propositions for
the admission Of evidence were presented and
voted down, the vote in each instance standing
to & as recorded above. The vote ON Mr..
Hoar's original motion, that evidence be not re-
ceived, was then adopted by the following vote
Ieos-Bradley, Edmunds, Frelinghuysen, Gar
field, Hoar. Miller, Morton Strong-S. Nays
Abbott. Bavard, Clifford, Field. Hunton Payne
Thurman. The following resolution was
then offered by Senator Morton, and adopted
by the same vote ResOlred That the persons
named as electors in certificate No. | were
the lawful electors of the State of Louisi-
ana, and that their votes are the votes
provided by the constitution Of the United
States, and should be counted for President
and Vice President. Justices Miller and Brad
ley and Representative Hoar were then APP
pointed a committee to draft the report of the
decision. with n brief statement of the reasons
therefor. recess of about one hour was then
taken to afford time for drafting the report,
which, upon the reassembling Of the commits
sion, was presented, and after being read was
signed by Messrs Miller, Strong, Bradley, Ed
munds, Morton, Frelinghuysen. Garfield and
Hoar. The report is to the following effect:
The Electoral Commission, having received GER
tain certificates and papers purpOrtng 10 he ccrtih-
Gates of electoral votes Of the State of Louisiana and
certain papers accompanying the same and objec-
tons Thereto report that II has duly considered the
same, and has decided and does hereby decide that
the votes of William Pitt Kellogg, O. H. Brewster,
A: b. Levisee, Oscar Jaffrain, Peter Joseph, j. II.
Birch, l.. A. Sheldon and Morris Marks, named in
the certificate Of William 7. Kellogg Governor of
said state, which votes certified by said persons
n appears by certificates submitted To the commits
sion, as aforesaid. and marked No by said commits
sion and herewith returned, are the votes pro-
yded for by the constitution of the United states
that the same ought lawfully to be counted therein
-.
Hayes Of the state Of Ohio for President and eight
votes for William A. Wheeler, Of the State Of New
York, for Vice President
The commission also decides and reports that the
eight persons first before-named duly appoint
ed electors in and by the State Of Louisiana
The ground of this decision. stated briefly. il
substantially as follows:
That II II not competent to go into the evidence
aWnde as TO the papers opened by the President Of
the senate In the presence Of the two houses 10
prove that other persons than these regularly
tined by the Governor Of the State Of Louisiana In
and according Ia the determination and declaration
OF their appointment: in other words TO go behind
the certificate of the Governor far as IL II founded
upon the action Of the Returning Board.
The report also states that the commission
could not receive any evidence to show that any
elector was ineligible on the 7th OF November,
the day Of the election, on the ground that il
was not essential to show that an elector was
eligible ON that day so long he eligible
when he cast his vote in the Electoral College,
and the fact appears that the alleged ineligible
electors Brewster and Levisee, wero chosen 10
fill vacancies caused by their own absence from
the college, and there was no allegation Of the
inehgibility at the time they cast their votes.