The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-02-21
SENATOR NJ DoNALD's ARGUMENT.

SENATOR NJ DoNALD's ARGUMENT.
Two minutes later the argument was be-
gun by Senator Mcdonald, who supported
the objections to the Hayes certificates from
Georgia.
Mr.. Mcdonald referred to previous con-
| gressional action and laws to show
that the returning board had no power
| to look into the irregularities
at the election unless proper foundation is
LAID by the statement of the supervisors of
registration on the commissioners of cleo
ton, or other and proper affdavits. In the
election of 1872, the vote of Louisiana bad
been rejected because the returning board
had not complied with the law, and they
| now proposed to show that the law had
not been complied with in the present
case. popular majority had been
returned in one way, and that majority had
been revised by this board. Through ac-
tual fraud they had thrown aside the returns
sent them by the proper officers, and had
taken the reports of the supervisor Of regis
tration in their place, but even this they did
not follow at all times, The people of 50
polls had been disfranchised.
Mr. Thurman asked how many of these
returns had been accompanied by protests.
Mr. Mcdonald replied that not one protest
had accompanied the returns from these 90
polling places. The two houses of congress
had already taken steps to inquire into the
legality OF the election in Louisiana, and he
maintained that the commission possessing
the powers of the two houses had the right.
and 1T was their duty, to consider the infor-
nation in the possession of the two houses.
Their duties were judicial not merely cler-
ical. and he conjured them to carefully
weigh the evidence in the possession of the
two houses for which they were acting.
Mr.. JENKss SPEECH
Mr.. jerks said they were prepared to show
that the Hayes electors we're not elected in
conformity with the law. and would the evil
dence be accepted? He would further show
that certificate No. more nearly conformed
to the law, and that it was lawful in all es-
sential points, and should the clause
mot the governor shall certify over
ride the constitutional provision as
to the mode of choice and leg
islative enactment as to the time of holding
the election If so, they would show that
fraud was connected with that certificate,
and that the governor who issued the certii-
cate was party to the fraud. He
asserted as facts that the law re-
CURED the election of the electors
by the popular yoto, and that the Tilden
electors received majority of from 1900 20
10000 votes. He proceeded to review the
election in the several parishes taking as a
basis the facts testified 10 before the house
louisiana investigating committee, with the
incidental claim that this testimony was the
proper evidence 10 be considered by
the commission. He claimed that
the Supervisors Of the election
hso crown out a large number
OF vo 1es without the shadow OF authority.
c4f Z over the returns parish by parish he
/, 81 et ch case asserted the evidences of fraud
and irregularity, declaring his readiness to
show the same by evidence now in possession
of the house and constructively before the
commission. They were further prepared
to show that Levissee and Brewster were in
eligible. the former holding position as
commissioner, appointed by the circuit
court, and Brewster surveyor of land in
the district, and he maintained that the
clause OF the constitution extended
not only to the officer, but to
the act They would further
prove that under the constitution
| Of Louisiana. which prohibits any person
| from holding two offices, that three others
were disqualified, viz: Jeffrion, Marks and
Burch. who were respectively supervisor OF