New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-24
THE ELECTORAL TRIBUNAL.
The LonIaInnn Cnae .

Trumbull having spoke in the Democratic
interest, Mr.. Stoughtou followed with an
argument on the Republican side of the
question. He expressed his surprise at the
objection that the certificate of Governor
Kellogg was imperative. 1t would be re-
membered that when the vote of COnneo-
ticut was counted, her Governor, Mr.. In
gersOll, was presidential eleetor at large,
and that his certificate had been received
without objection. Such objections were
hardly suitable to the dignity of the coca
sien. 1t had also been objected to-day,
and the objection had been urged with a
good deal of zeal, that Governor Kellogg
was not the Governor of Louisiana, and
that Louisiana was governed by q military
despotism. He supposed that that meant
that military force had been, on applica-
ton of Governor Kellogg to the President,
ordered to Louisiana for the purpose of sup
pressing instruction. The learned counsel
Mr.. Carpenter was right, he supposed, in
saying that without such aid the govern
ment of which Mr. Kellogg was the head
would have been overturned. But counsel
should have reflected that the very fact
that Governor Kellogg had made such an
application, and that it had been granted,
was decisive evidence that he was the Gov
ernor of Louisiana. What was the offer
here on the other side2 1t was that the
commission should, by a search and scru.
lana, ascertain what had been the vote of
Louisiana at the last election. 1t was pro-
posed that the commission should override
and disregard and go behind the action of
the final Returning Board of that State and
hold it for naught. He said he would salts
fly the commission beyond all question that
the Returning Board, as constituted, had the
power delegated to it by the statutes of
Louisiana TO determine the number of votes
cast for electors and power to certify it
finally, so far as the authority of that State
was concerned, and he would also satisfy
the commission that the objection that a
vacancy in the Electoral College could not
be filled by the college itself, had no foun-
dalton whatever. 1t seemed to him that
that the decision of the commission in the
Florida case determined the entire question
here raised as to the right of the commits
sion to go behind the action of the Return
ing Board, and he could not perceive that
any questicn-much less the main ques-
tion-was now open to argument. He
quoted against Mr.. Trumbulrs argument
to-day from a report made by Senator
Trumbul to the effect that neither the
Senate nor the House, nor both houses
jointly, have power under the constitution
TO canvass the returns of an election, and
that the mode and manner of choosing
electors was left exclusively to the States.
He also quoted on the same point a letter
recently published from ex-Judge Church,
of New York, whom he characterized as a
great lawyer, an upright judge and even a
pure politician. He went on to argue that
the State corrects the frauds of its own
officers and does not apply to Congress for
the purpose, and that Congress would best
perform its duty by discharging it within
its authority, leaving these occasional
FRAUDS that are sometimes assumed, and
sometimes offered to be proved, to be taken
care of by the tribunals having jurisdiction
over them. Congress might have the power
but it did not have the right to disreg ard
| the highest legal authority of q State. The
offer made on the other side would lead tt
| proceedings endless in detail, harrassing il
their very nature, increasing tenfOld thu
public excitement, which was already seer
| gathering abont the tribunal. Here wert
Offers of evidence, iDtiamed to the last de
gree by their mode of statement, involving
| inquiries of the most extraordinary snC
| painful character, leading to answers, lead
| ing to testimony in reply-testimony in jus
LITIGATION of the Returning Board tina
/ would be endless and difficult of pro
| curement. And all for WHAT To en-
| able this tribunal to violate the su
premacy of the State. He had hearC
more than one threat couched under shield
| of language and so framed that they nigh
not quite reach in plain terms their mark
| Dub ne uOQ6EbLOOu U1by were
| worthy of the circumstances under whlcl
the tribunal was formed, and quite IN
worthy of those who sought its iurisdic
| ton, He proceeded to discuss the laws o
| Louisiana as to the power to fill vacancie
in the Electoral College, and ia reply to
| question by Mr.. HuntOn, whether the &C
of 1872 did not repeal the act of 1868 il
that regard, he said that it did not tOue
it at all, and that it was an absurdity t
1 hO1d hat n
tuition which had been carried out by Fec
eral legislation, supplemented by Stat
legislation, could be defeated by giving viz
lent construction to a clause which ha
abundance of other matter to feed upO
without being applied to the case of pres
Dental electors.
Commissioner Hoar suggested to Nj
StoughtOn that it was hardly worth Will
for him to spend time in the endeaVOr
satisfy the commission on that point
Mr.. Stoughton acted on the suggestion
and passed to other points. Coming in til
course of his argument to the Objeetio
made to the Returning Board of LOuisian
for not having filed the vacancy in IL
board, he said that the law on the subjet
was merely directory, and that failure
obey the law did not interfere in any MAJ
ner with the capacity or jurisdiction of IL
board, If two of the five members hs
been Democrats and had afterward change
their politics, would the board, he aske
cease to exist on that account He state
the problem which had presented itself
: be solved in Louisiana by the Democrat
party as being that in forty parishes, abO,
which there was no dispute, there was
Republican majority of 6053 voters, al
, that in the remaining seventeen parish
there were 20, 1923 oolored voters registert
and 1928 white voters. How was tn
problem to be sOlvedl The records Of the
, | parishes showed that the problem had be-
sought to be solved by bloody hands.
conclusion he said: 'Talk to me about OF
3 RACES, frauds and the Acknowledgement
voters. There are two sides to the qu'
a ton, and if you sit here to go back and ca
yass the votes, you sit here to administ
the laws of Louisiana, and you must 6
1 minister them by learning who have be
!. disfranehised, and what was the lawful VI
of that State in harmony with her lay
y and not in harmony with the will OF
party"
If Mr.. Shellabarger, of counsel for the
publican side, next addressed the comm
, sion. He said the first question was wi
are the statutes enacted by Louisiana
reeting the appointment of electors, q
l. what statutes were in force last year
n. ering that matter2 The commission, at
careful examination, would be unanimt
IL in the opinion that the act OF 1872 did g
ern in 1876 during the presidential electi
~ and that the revisory act of 1870, VIII
=. provided for a canvass OF the returns
the board and Governor, was repealed, q
70 was not in force in 1876. For that =
g. vision which made the Governor the O.
vasser for the purposes of the election '
:. inconsistent with the fifty-fourth section
81 the session act of 1870, which expires
G. provided q different tribunal for all
fl elections, including the Electoral Cole
It was also repealed by the repeal
clause of the session act OF 1870. This
n Of 1879 Durports to supply the maehin