Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-02-23
THE ELECTORAL COMMISSION.
WASHINGTON, Feb. "a

by Senator Mcdonald, who supported
the objections to the Hayes certificates
from Louisiana. He referred to previous
Congressional action and laws to show
that the Returning Board had no power
to inquire into irregularities at the elec
ton unless the lawful foundation is laid
The vote of Louisiana in 1872 had beer
rejected because the law had not beer
complied with, and they now proposed
to show that the law had not been com
piled with in the present case. He main
tanned that the commission, possessing
the powers of the two houses, had the
right, and it was their duty, to consider
the information in their possession
Their duties were judicial, not merely
clerical, and he conjured them to care
fully weigh the evidence.
Mr.. jerks spoke on the same side. He
asserted that the law required the elec.
tion of electors by the popular vote, and
that the Tilden electors had majority
of from 1900 to 10000. He reviewed
the election in the different parishes,
and claimed that the testimony before
the committee was proper evidence to be
considered by the commission. He said
they were prepared to show that 1t was
determined before the result was known
that the Returning Board should give the
State to Hayes, regardless of whom the
votes we're cast for.
Mr.. Hurlbut, for the Republicans,
argued at length against the admission
of evidence and going behind the face
of the returns. He declared that the
Returning Board was legal body and
its decisions final. The Supreme Court
of Louisiana has decided that the return
made by this board is prima .fdcie evil
dence and can only be gone behind in a
judicial trial. He said the commission
was not sitting, nor could it sit, as a
judicial tribunal to decide which of two
gentlemen has been elected President.
Senator Howe followed on the same
side. He objected to the votes rendered
by McEnery and his associates because
there was no evidence that they were
directed by the Legislature of Louisiana
to vote for President, and such evidence
was necessary. He argued that John Nc
Emery is not and never was Governor of
Louisiana, and w. P. Kellogg was the
lawful Governor, and certificates signed
by him were the only legal certificates.
Judge Campbell informed the commits
sion that ex-Senators Carpenter and
Trumbull and himself would appear as
counsel for the Democratic side. Mr..
Evarts announced that Stoughton, Shell
labarger and himself would appear for
the Republicans. The commission an
nounced that four and one-half hours
would be allowed to each side for their
arguments, and recess was taken.
On reassembling Mr.. Carpenter said he
did no. appear for Mr.. Tilden; he had no
acquaintance with him; voted against
him in the late election, and would again
vote against him if this tribunal could
order a new election, believing the acces-
sion of the Democratic party to power
would be the greatest calamity that could
befall the people except bookkeeping it
out by fraud and falsehood. He ap-
peared for 1000 legal voters of Louisi-
ana who have been disfranchised by four
villains whose official title is the
Returning Board of Louisiana. AS to
the power of the commission, he con-
tended that it is their duty not to ascer.
tain what appears to be the case, but
who have been duly appointed. Mr..
Carpenter argued at length to prove that
the election laws of Louisiana are un-
constitutional. Before he had concluded
the commission adjourned.
WASHINGTON, Feb. H.
Mr.. Carpenter concluded his argument
this morning. He contended that the
comforting of judicial power upon the
Returning Board was forbidden by the
U. S. Constitution, and the law which
attempted to confer it was void. One
man could not be punished for another
mans ofense. The statute requires
duplicate returns to be made within
twenty-four hours, and they were not
made within fifteen days. He did not
deny that there were wrongs perpetrated
in the South, but they were brought
about by the illegal acts by which a
fraudulent government was put upon
them. He denounced in bitter terms the
Returning Board.
A Aquestion sprang up as to the time to
be allowed for argument on the admissi
bility of evidence offered, and an order
was adopted giving counsel on each side
two hours to argue the question.
Ex-senator Trumbull said there was
oubullllOo W luC uOJ OILY
the question, Who were the lawful elect
ors? but all questions connected with
double returns. What the country
wanted was a decision as to who was
lawfully elected, and it would not bt
satisfied with anything else. Mr.. Trum
bull referred to the decision of the two
houses not to count the electoral vote oi
Louisiana in 1878, and to the cases Of
Kellogg and Pinchback, claiming to bC
| Senators, and said it was settled by Con
gress that the Governors certificate
might be overruled by the action of tn,
two houses. He said they proposed t
show that the vote of Louisiana haC
never been canvassed, that the pretended
canvass was fraud, that the papers
were forged, and that the returns werl
altered and falsifed. MIR. Trumbull alst
presented objections to the electora
vote of Brewster and Lawrence, who
held Federal offices at the time of thei
election.
Mr.. Stoughton followed on the Repub
lican side. He argued that Kellogg wa
the legal Governor of Louisiana and tha
the Returning Board was legal body
and had power to ascertain the vote an(
finally certify it; that the State correct
the frauds of its own officers and doe
not apply to Congress for that purpose
Congress might have the power but
did not have the right to disregard tn,
highest legal authority of a State H,
said the law on the subject of filling tn
vacancy on the board was merely di
rectory, and failure to obey did not in
terfere with the capacity or jurisdiction
of the board. In conclusion he said
" If you sit here to go back and canvas
the votes you sit here to administer tn
laws of Louisiana, and you must admin
! lister them by learning who have bee
disfranchised and what was the Lawful
vote of that State, in harmony with he
laws, and not in harmony with the vii
of party"
Mr., Shellabarger followed on the sam
side. He quoted from a decision of tn
U, s. Supreme Court to prove that Kel
logg was the rightful Governor, and al
! gued that the commission had no powe
to 60 behind the action of the Return
ing Board. He said that any intimatiol