The New York herald., 1879-09-19
w A S HIN CT N.
FROM OUR REGULAR CORRESPONDENT

WASHINGTON, Sept. IS. 1879.
THE LOUISIANA ELECTORAL voTE-yIEws OF
cIsIoN OF THE ELECTORAL COMMISSION DE-
FESDED-ExTREME STATE RIGHTS DOCTRINE
BY THE EIGHT
Mr.. Justice Miller, of the United States Supreme
Court. has returned to Washington and will re-
main here, other arrangements having been made
to supply the place of Judge Dillon in the Iowa
circuit, whose resignation accepted on the lst
inst by the President. He is in excellent
health and says he has not felt better for many
years. 1t reported among his friends early in
August th It he had exhausted his strength by over
fatiguing labor while on his circuit last summer.
His family will leave for Europe about the lst of
October aud it is understood he will give up his resi-
dence on Massachusetts avenue until their return.
During his recent travels he has been importuned TO
make reply to tho report that he had said while
visiting Block Island. about the middle Of August,
that
"Mr. Tilien elected in Louisiana; that is. he
got eight or ten Thousand more actual votes there
than President Hayes.
He has positively declined to be interviewed both
here and elsewhere. but he has not rsfrained from
talking on the subject with his personal friends
From who is most intimate with him and who
unquestonably understands his feelings the follow
ing is obtained-
Mr. Justice Miller does not remember using the
language attributed to him during his visit Block
Island last month. He may have conversed in gen.
eral way upon the subject of the last Presidential
election. and, il he did. he spoke the same SENT
ments there he has always entertained, and he
repeats wha. he has freq nently said that it was
generally understood and believed that on the
democratic electors were chosen by from, S 600 IA
10000 majority. fact which neither Secretary then
Senator) sherman nor amy OF the republican visiting
statesmen to Louisiana in November. 1876 ever
denied. 1t was matter Of common report and en-
tilted to all the belief that such statements usually
receive. Whether the result would not have been
different had there been intimidation of citizens
in that State before and during election day mat
which he does not enter into. The State OF Lou,
:sana i'll the exercise OF its sovereign right or to
Ike it more democratic, in maintaining State rights
doctrine under the constitutoK. had enacted that
R.turning Board should have the power to examine
the vote the State and exercise ARBITRARY control
the election returns. they might rejected
or passed. according to the judgment of u majority
of its members. the constitution declaring that
each State shall appoint i'll such manner the
Legislature thereof may direct u number OF cleo
tors, and the returning Board having been invested
with extraordinary power. did declare what votes
should be receive and what rejected and i'll doing
reduced the popular vote That such authority should
be conferred upon board OF five men. alone
Germs the State OF Louisiana. 1t might by Its legis-
lative enactment have given it to two or to one man
and such an act would have remained unchallenged
under the constitution and the laws. Having given
it to a returning board their decision final as
any act limited in the rights OF State. Whether
the trust was honestly dishonesty discharged
from their decision there appeal and neither
un6 er the constitution under the laws of the
State OF Louisiana there any remedy Tor alleged
venality. The act of the Louisiana Returning
The decisions Of the Electoral Commission
based upon the sovereign right OF u State
to legisate as 1t chooses on all matters
pressy declared by the constitution. Now, whether
the popular vote OF Louisiana in favor the electors
named on the democratic ticket changed. by the
Returning Board of the republican electors
question which could have before
the Electoral Commission whatever may have been
the privileges enumerated in the bill creating that
body. The oath tIken by each member OF
the Commission left no ground for polit-
ical personal preference. for all questions
submitted to tue Commission were to be determined
''agreeably to the constitution and the laws. The
constitution is the highest law of the land and
when 1t was determined that the republican electors
had received the highest number OF votes according
to the decision of Board which was under the final
arbitration ~ to what votes had been counted, it
was impossible for him to have reached any other
conclusion than the recorded Neither
is it to be forgotten that the act creating the
MISSION was passed by House of Representatives
having large democratic majority and Senate
having large republican majority. Politically the
members OF the commission were equally divided !:
judicially there we're honest differences OF opinion
among tie members selected to represent this
branch of the government. The result reached by
the majority that tho decision of State
authority in the selection Of Presidential electors
is under the constitution and the laws conclusive.
andbthe opinion then expressed by Justice Miller
he still holds unchanged.
LIMITED TO NEW YoRK-AN OLD LAW IN
THE WAY OF IT'S EXTENSION.
On Tuesday last 1t was announced by the Secre-
tary of the Treasury that arrangements would soon
be made to exchange gold and silver for United
States notes ut the several sub-trcasuries, in
effect practically extending the benefits of
the Resumption act to cities in different
parts of the United States. Since this
announcement was made Secretary Sherman has
discovered that the act OF 1876 regulating the dis
bursements of moneys prohibits the exchange of
notes for gold or silver. The Specie Resumption act
exempted the Sub-Treas sury in New York only from
the provisions Of the act of 1s4G. which passed
to prevent disbursing officers from exchanging coin
for paper money drafts. when the drafts
payable in coin. The question deemed Of
sufficient importance to call for conference Of all
the members of the Cabinet now in Washington. and
this afternoon Secretaries Evarts. Sherman. McCrary
and Postmaster General Key met at the Office OF At
torney General Devens. where the whole matter was
discussed. The conclusion reached that with
out additional legislation the assistant treasurers.
except the in New York. could not redeem United
States notes. Besides the provisions of the
against such exchange the penalty for violation Of
IL is very severe. Section 1851 of tie Revised
Statutes provides: -
"And it shall be the duty Of the head of the proper
department Immediately to suspend from duty any
dsbursins ofticer or agent who violates the pro-
Other sections make violation of II highly penal
offence. In view of the law the Attorney General
will prepare an exhaustive opinion. which he will
send to the Secretary OF the Treasury tomorrow.
and the operation Of the act to provide for the
sumption OF specie payments will be limited, rs
heretofore. to New York.
GENERAL WASHINGTON DeSPAI cHES-