Year: 1876

Governor 10 be conclusive, bat brin.


known for sham and fal>ehood. rh,


right claimed under it was resisted 4


the uttermost.


But it may be denied that the ac


tion Of the Governor and the Return


ing board is fraudulent. That is +;


matter OF fact not yet in shape for


full discussion. Bat if the Loui-iana


authorities knew what the result wa,


and yet willfully falsifcd il, that is


fraud per Sc. They not only did thi,


but they greatly aggravated the gull


of the act by founding it on preience,


known to be false in fact and INSULT


Gent in law.


Ii i3 said the Returning board i:


not bound to make a mere count ot
the votes, but may sit in iudgdmcnl


ur)l the returns trom each parish,
and certify the majority, not a. it &C.
tuaIly is, but as in their opininion
1t ought to be. To support this they
quote the Louisiana Election law,
which no one can read without seeing
that it was passed by a corrupt legiS.
lature to prevent the people Of the
State from turning out the party then
occupying the State Offices. 4 Re-
turning Board certainly ought to have
judicial or quasi judicial powers to a
certain extent. But the Louisiana
board assert their power to disfran-
chise ali the inhabitants Of any parish
in which there has been acts OF yio-
lence, riot, tuTult. Intimidation, armed
disturbances, bribery or corrupt infu-
ence. Their jurisdiction, as they
claim it, is that Of the highest crimi-
mai court, and is to be exercised in
the ways totally prohibited to all
courts. They may try the people of
a whole parish at once, and condemn
them all on eXparte statements, with
out a hearing or notice A convic-
tion obtained in this way is inmedi-
ately followed by a sentence of dis
franchisement, the most frighlful pen
atty that can be inflicted on a people
struggling TO free themselves from the
domination of reckless knaves. Will
any man in the world say that pow
er like this may be held and welded
by a returning board consistently with
the fundamental law of Louisiana or
any other State? No. 1t makes the
right Of suffrage a mere mockery.
Moreover, it fatty violates that ex-
press provision Of the Federal Con-
sti,Ution which declares that 10 per-
son shall be dIsfranchised except for
rebellion or other crime" which, of
course, means crime Of his own,
whereof be has been legally convict
ed Besides, this law does not apply
to the case of Residential electors 1t
IS expressly cohtined to State, parish
and judicial officers, to members of
the Assembly and members Of Con-
gress.


On the whole case, the law and the
evidence will demonstrate this to be
a mouStrOuS, unmitigated, palpable
fraud on Louisiana and upon the
whole American people. 1t is not
the vote of the State, nor the product
of any State authority legally exer-
cised, but the mere spawn of GRIM
inal conspiracy. 1t is impossible to
see how Congress. or either House of
Congress, can, with its eyes open, re
ceive this who'e thing and palm 1t off
on the nation as a genuine vote with
out the being party in the crimes
which gave it origin.


But it is possible that the judgement
of the two Houses upon this subject
may differ. They act, deliberate, and
decide independently o. each other.
Though they sit in the same ball
while their votes are counting, they
are not fused into one body. Upon
any question within the jurisdiction
of both the judgment of one is as
potent as the o:her, and it is equally
clear that each must decide for itself
how, when, and in what manner
the seperate duties assigned to it
shall De performed. Certainly a diff
ference between the two houses must
be followed by disastrous consequen-
ces if it be true that each have the
same power over the whole subject
and over every part Of it. Let us see
if this be the stare of the law as the
trainers of the Constitution made it


The power to count the votes and
decide upon their validity is not given
in express words; but it comes BY
clear implication from the duty Of
electing President and Vice Presi-
dent 10 case no candidate has major
ity of the electors. The subsequent
and immediate duty of the House de-
pends upon the state of the electoral
vote for President. as the Senate's &C.
tion must be governed by the vote for
Vice President. The duty to do an
act upon certain contingency GER
tainly implies the power to ascertain
whether that contingency has arisen
or not. If the Senate thinks it right
to admit fraudulent votes and can find
enough of them to elect their candi.
date, they may install him in the chair
of their body, since there is no legal
authority in the House or elsewhere
to stop them.


The House is equally Independent
when engaged in the performance Of
the duty separately and especially as
signed. If no candidate has a majori-
ty of all the electoral votes. the repre-
ssntatives of the people iu the lower
House shall make a choice from the
three highest. How is this duty to