The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-17


oface must be filled or there must be
vacancy. There could be no such thing
as vacancy that was not vacant. As to
federal disqualification there was no eyi.
dence offered that touched the point. and
IL there was, 1t would be inadmissible.
As to state disqualification he argued that
an elector was not an officer but that the
term applied in a like manner as the
primary application of the word elector
to the voter ut the polls.
MIR. Evart said he had no desire to APP
peal to psrtisanship. He desired to pre-
sent his case as an American citizen. He
wanted the wrongs in Louisiana that had
so long been perpetrated remedied, but
he wanted them remedied by law. He
wildly pictured the condition of affairs
in that state and said that it was not a
state of affairs to be smiled at at dis
lance. whichever side the smile came
from. An attempt was made by putting
into the constitution provisions for the
support OF good government and the
legislature undertook TO carry out the
provision. There was limit and that
was that the means should be adequate,
appropriate and seasonable. 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 to inquire whether the returning
board acted without jurisdiction covered
every point in the present case.
MIR. Thurman said it might be that a
majority of the commission had thought
the law of Florida authorized the board
to do what was done. which might not
be the case in Louisiana.
Mr.. Evarts said lie could not know
that, but he was following the argument
of O'Conor in that case. O'Conor had
not denied that if the injury was extended
to the act Of the returning board it could
so to every precinct poll, but if it was
found that the commission was getting
too tar to sea it could swim ashore.
drowning whichever candidate the depth
OF water at that point was against. II
the work could not be thoroughly done it
had better be lett undone. Suppose it
had been provided that the governor was
the person to cast the electoral vote of q
state. Would this commission inquire into
the mode by which that governor was
elected? Would it stop to inquire
whether he was q party to a conspiracy
to deprive the people OF their votes? Ger
tianly not. 1t would be enough to know
he was d. facto governor of the state. and
the same rule applied here.
Mr.. Evarts closed with an earnest de-
fence OF the blacks OF Louisiana, saying
it was proposed to make them victims of
the constitution, for the constitution gave
them the gilt Of suffrage, and they were
now to be slaughtered for having it in
their possession.
RECESS.
Mr.. Evarts closed at lilo and occupied
all the time allotted his side, and. on mo-
ton Of Mr.. Thurman, the commission
took a recess.
sJCDGE CAMPBELL ARGUMENT.
Judge Campbell then proceeded to
close for the defense. He said he did not
understand that the presidential electors
owed their existence to the constitution
Of any state, but that they derived theil
power from the people OF the United
States, which were the United States I'M
| der the confederation and before the
constitution was adopted, which was, in
its own language, TO form more perfect
| union.
Mr.. Campbell argued that the commits
sion has power to deal with the certifi-
cate Of the returning board, and power
to look into every act Of the legislature ::
and ii that legislature contrayenes the
fundamental principles that lie at the
foundation OF American liberties, they
should reject the votes. When the
learned gentleman was speaking, said
counsel, l drew up an imaginary act of
the legislature OF Louisiana as an illus
tration TO his argument, and to enable
me TO put the case fairly before you. Sup
pose, for instance the state Of Louisiana
had passed such an act as this
"Be 1t enacted that VIM. Pitt K.ilopg, J.
Madison Wells and their associates are
made body corporate with all power. of
corporation under the civil code OF Lou
isiana, and there is granted to them the
sole and exclusive power. privilege and
to appoint in all forms, and at |
all times that may be designated In the
acts and statutes OF the United States
electors tor president and vice-president
OF the United Stated at each presidential
election under the constitution of the
United States, which may be appointed
and allotted to the state of Louisiana, or
10 which the state OF Louisiana NAV be
entitled to appoint" and from time to
lime the legislature contracts to make
such directions as may be necessary to
make this grant effective and the cover.
Tor shall grant all such certificates and
COMMISSIONS as may be necessary, and
10 all other acts In furtherancs thereof.
What would be said to such an act az
his: And yet it is not very far from the
Ease before the court. IL electoral votes
were presented by that corporation with
the seals and signatures required, ID there |
member OF either house OF congress
not stakeholder in the corporation who