Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1878-08-30

South Carolina their Electors were chosen by the Leg
Louisiana. in the exercise of this unquestioned
power created tribunal styled the "Returnlng
Board" and directed by law that her Presidential
Electors should be chosen BY majority OF the pop
ular votes cast in the several preclnctS N
which it should be adiudged Dy the board
! that the elections had been uninhuenceo
| by force fraud or intimidation.
In the execution of the power with Whlch IL was
eiotneo ane aetng unaeE me & 1I .ne ioe5
by law, the boord adjudged that in several OF the
precincts the election of 1876 had been innuenced
by fraud and intimidation, and for that reason re-
ected the returns therefrom thus giving the State
to the Hayes Electors This is the action of the Re
turning Board which the Potter conspirators, who
of Ohio Republicans. bewai as the disfranchisement
Of the Louisiana Democracy, and to avenge which
they are seeking to plunge the country anew into
revolution. immaculate consistency
GOV. PACKARD.
But was not the surrender of Gov. Packard who
received more votes than the Hayes Electors in
Louisiana, confession that the Returning Board
faudulently exercised its powers in giving the State
to the latter? This conclusion does not result.
In Ohio the courts have jurisdiction to hear
and determine contested elections generally. By the
Constitution of Ohio, the right to contest seat in
the Senate is exclusively vested in that body In the
contest OF Jones and Onderdonk for seat in the
Senate in 1865 the votes of large number eoored
persons, more than half white who had always been
held by the courts entitled to vote were rejected by
the Democratic Senate and the seat given to 0nder
donk; while in contest before the court for minor
Office depending on the same votes, they were re-
eelFeQ, and counted IheSe TWO independent tr1Ou-
mails exercised the powers with which they were sew
orally clothed. They reached different results. Was
the action Of either evidence offaud in the other?
By the Constitution of Louisiana the right to can
and declare the vote for Governor is exclusively
vested in the Legislature It therefore could not be
conferred on the Returning Board, and the law
which attempted it was to that extent unconstitu-
tional and void Thus the Returning Board, in re-
spect to the election of Presidential Electors, and
the Legislature in respect to the election OF Governor
were Independent tribunals clothed with with dis
tinct and exclusive powers. The Returning Board,
finding that in of the precincts the elections had
not been fair and free, excluded the returns, and
nghteously by its official oath, and the impera-
tive command of the law, it was bound to do.
On the other hand, the Legislature, although il
might, was not required by law to reject any vote
cast for Governor. In the exercise of It's discretion
it received and counted all the votes thus giving the
State 70 Gov Nichols II was a case OF opposite
conclusions reached by independent tribunals in the
exercise OF their several ano exclusive powers as in
the Ohio case before mentioned.
THE GERRYMANDER CONSPIRACY.
That the finding and decision of the Returning
Board was righteous is attested and confirmed by
record Of the most bloody horrors and fendish ont
the other hand the act of the Ohio Legislature
without circumstance of palliation. The
possession Of power does not iqsti-
prostitution Itw not required by the Constitu-
ton, it not commanded BY law to redistrict the
State. Its act in so doing was the arbitrary and
gigantic conspiracy concoeted for the avowed pur-
pose Of depriving the Republicans of just share of
tors the control of the National Legislature This is
the infamous and far reaching purpose which they
seek to accomplish under the shadow of their Ku
Klux banner. and lifts the act of the Legislature
above mere transient or local significance to the dig
nifty of national importance If it affected ordinary
legislation alone 1t is enough to awaken alarm. But
the whole people concerned in the character and
complexion of the popular branch of Congress,
which though in numbers is many, in voice is one;
and if the arrogant assumption and usurpations of
recent years continue, soon will be omn;potent. Al
ready welding power well nigh absolute, it
down Senator'S and smirches or destroys
regulations at will. Under its consideration
pSSs all the great question questions OF eyenIe GD
of war. These powers alone give national impor-
tance to the voice it shall speak, to the question
whether Communism, Ku Kluxism. Tammanyism,
or Republicanism shall control its utterances Each
State therefore, being subject to its authority is in
terested in the representation which every other
shall contribute, and the means employed to Sc
cure it.
But the extraordinary powers which the con-
spiratoTs assert for the House the Presidential
succession, gives vital and dangerous importance
to their crime against the rights of Ohio. The Con-
stution requires that the returns of the Presiden-
tial election shall be opened by the President of the
Senate in the presence of the Senate and House of
Representatives, and then counted; and that if no
candidate shall receive majority OF all the cleo
torl votes the House of Representatives shall choose
the President After the late Presidential election
this clause of the Constitution was the subject of much
acrimonious controversy. Ambition has often
waded through slaughter to throne, and the sue
ceSson to the Presidency threatened to be achieved
by lkeme Gov .Tilden lacked but one Electoral
vote.
he had directed his first effort to the purchase of
an Oregon Elector. Here is the damning record of
kilograms between Gramercy Park, his residence and
his co-conspirator under the name of his kinsman
and Secretary Pelton:
~. T. PeltoR, No Is Grd1lercy Park Nel1 York:
Certificate will be issued to one Democrat Must
purchase Republican Elector to recognize and act
with Democrats, and secure the vote and prevent
trouble. Deposit $4,000 to my credit with Kountze
Brothers, Wall street. Answer, J. H. n. PATRICK.
II fully indorse this, JAMES K. KELLY"
81" you make obligation contingent on result in March
can be done, and inereHGbLe slightly if necessary"
zone Eector must be paid to recognize Democrat to
secure majority Have employed three lawyers; editor
of only Republican paper lawyer; fee So 600:
aDU take 900 for Republican Elect0r; must raise
money; can't make fee contingent. Must act
Failing in this, his emissaries debouched on New
Orleans with an offer of 100000 to corrupt Mr.
Levissee, a colored Elector. But the black man
scorned to betray his country.
Foed here he turned his batteries against the Eee
torl count before Congress. The rejection of single
State would devolve the choice OF the President on
the House, which was Democratic. 1t was con-
tended by some that the power to make the count
exclusively belonged to the President of the Senate
the House attending only to witness it. By Others
the power of the House to direct and control il was
asserted of this latter opinion was Gov Tilden
and in letter of the Hon. Clarkson n. Potter now
claimed to have been inspired by him. this dangerous
and revolutionary doctrine was, in November, 1876
The House of Representatives will permit the
counting of the Electoral vote it will permit the
counting OF every NObe which luQge lawful
be counted and Uote be LdlCfuy counted trith
out its concurrence and against its Judgment"
WhOmsoever by the vote so counted shall appear
to have majority of all the Electors appointed will
be President ana will be accepted by the Democratic
party as such; and whomsoever, If no President be
chosen the popular branch OF the government shall
then in due form choose to be President Will be so
accepted by them.
In recent communication to the public by Mr.
Manton Marble the Boswell of Gov. Tilden, he
states it as a part Of the history of time
that the Governor urged upon his friends
in Congress the adoption of this bold
policy and that the House should
reject the vote of Louisiana, defeat an election by
the people, and proclaim him President; but that in
disregard OF his wishes tmid counsels prevailed the
Electoral Commission raised, and all was lost
The nation has cause to thank God and these timid
counsels that it not convulsed with a war for
the succession, as sometimes was i'll starred Poland
and as for fifty years has been unhappy Mexico.
The purpose of Mr.. Marble obviously is to bring
Gov Tilden prominently forward for the succession
in 1850 and stab his great rivals Senators Bayard
and Thurman, who were among the most distin-
guished authors and advocates of the commission.
Not pleased with the result of the count the
Democratic House, on the Sd of March, 1877 unani-
mously declRred-the Republicans not Yoting-tha.
Gov Tlden was the legally elected President of the
United States. He at once set on foot a movement
70 unseat the Presdentand have himself proclaimed
by Napoleonic coup detdt which is foreshadowed in
his remarkable address of June 18th 1877 delivered
at the banquet to Gov. Hendricks by the Manhattan
Club wherein he said: