The New York Herald Newspaper, February 14, 1877, Page 3

_ THE PRESIDENCY. The Louisiana Case Before the Elee- toral Commission. ARGUMENTS OF ‘THE LEARNED COUNSEL. Legal Form Again Antagonizing the Merits af the Case. POWERS OF THE RETURNING BOARD A Condition of Society That Required a Master Hand. CARPENTER ON THE DANGERS TO THE COUNTRY —_+—_—_. An Appeal for Ten Thousand Disfran- chised Voters. Wii0 WAS GOVERNOR pe aS ae FROM OUR SPECIAL CORRESPONDENT. LOUISIANA ° Wasuinaton, Feb, 13, 1877, - Before the Electoral Commission to-day the objectors Stated their cases, Mr. Jenks, for the democrats, made aclear and succinct presentation of the action of the Returning Board to show fraud. Senator Howe fol- ‘owed for the republicans, and in an eloquent address, which surprised many persons, labored to show intimt- flation, His instances were conflned mainly to Ouachita parisn, and he gave tho Eliza Pinkston aftair as true and as political in its effects. The commiasion took a recess and Mr. Carpenter began bis argument at fivo o’clock. When twilight fell the Supreme Court room, where the commission ‘tits, was lit with candles, the smoke of which was very annoying and sickened several persons in the Foom and in the narrow reporters’ gallery, and the commission, after listening anti) half-past six to Mr. Carpenter, adjourned until to-morrow at ten o'clock, K MX. CARPENTERS ADDRESS. Mr. Carpenter opened in a striking manner, saying that he did not appear for Samuel J. Tilden. 1 voted ‘against bim and would vote against bim again, believ- lng that the greatest calamity to tho country, except one, would bo his election—that one that he should be kept out by fraud or force. I appear here in behalf of 10,000 distranchised voters in Louisiana. If you re- fove to consider the fact that 10,000 lawful votes were thrown out, don’t you give a license to posterity to accept and consent to any traud? He offered to provo that tho Board which threw out the 19,000 votes had no jurisdiction. As to the point alleged thut the Electoral Commission was exercising wuconstitutional judicial power, he showed that it was Ot, citing as one point of his argument ‘that its de- ‘cision was not final, it having to be referred back to ‘tho two houses, He went on to show the powers of the central government to inquire into elections, and asked, May not the Senate appoint committees to in- quire into them? May not the House do the same thing? May they not appoint a joint commission? ‘The commission, exercising political powers, be said, 1 a purely legisiative body. In this he was d Dy a favorable suggestion irom Bradley. Mr. Haar—The Wounsel docs not understand that Jadge Hoaaley’s view is the view of the whole com- mission. Mr. Canpryter—No, but the proposition seems to me so self-evident, that 1 will adopt the suggestion of Judge Bradley without further, comment, 4 POWER OF THE COMMISSION. He dweit upon the point that the commission is tertainly entitled to ascertain what electors were duly appointed, and showed that four years ago the houses went back of the returns and threw out tke vote of Louisiana in 1872, It they * could throw the vote & State for neglect, could not they throw it out fer fraud? He argued also that electors are not State of- cers, saying the United States constitution creates the office of electors; the Stato has but one power—that fs, to Ml it, Senator Epmuxps—The constitution says the Presi- dent of the United States shall commission all federal officers. You would hardly contend that he is author. ized to commission an clector. Mr. Carrenter—I believe the words aro added not herein otherwise provided,” THE LAW OF LOUISIANA. - Finally, he held that if the Louisiana State law of of 1868 was in force the whole Electoral College goes down under its terms. It the Jaw was repealed, as he showed, then under the present law of 1872 the State had no right to appoint clectors at all, for the law of ‘1872 contains no provision for the appointment of electors. out of ‘If , COUNSEL TO SPEAK, The counsel who will speak on tho democratic sido are Messrs. Carpenter, Campbell and Trumbull; ou the Tepublican side, Messrs. Evarts, Stoughton and Matthews. The arguments are limited, by resolution Of the commission, to four hours and 4 half to each side, PROCEEDINGS OF THE COMMISSION. Wasuixcrox, Feb. 13, 1877. The Electoral Commission convened at cleven A. M. ¢o.day to hear the argument in the case of Louisiana. All the’ members were early in their places, with the exception of Senator Thurman, whose prolonged ab- Bence rendered tt nec ry to proceed without bi ‘The session began with the reading of the minutes of the previous jon, at the conclusion of which Mr. Justice Clifford announced the three certificates that were before the cominission uuder objection. For convenience, he said, they had beon numbered one, twoand threo, and objectors to Nos. 1 and 4 would fret be heard, Senator McDowxatp, for the democratic side, before beginning requested that the proceedings be delayed a few moments until Senutor Thurman could arrive, and inquired also as tu the rule of the commission in | not anywhere in the act ot 1 caso of the absence of a member. Mr, Justice Cuirrorp replied that no rule was settled im regard to it, Only in case of physical inability to attend measures may be taken to fill (he vacancy. Senator McDonatp suid he understood that Senator Thurman bad been ili (or some days. Senator Epwuyps said it did not seem to him that the commission was justified in waiting im the absence , of & Single Member of the commiesion at the present stage of affairs, Thero were oniy sixtee: Jelt fa Whe THODTh, aud Weverecd to aie their duty to proceed. Of course, in case ot Se vwr’s (ness the vacancy mast ve filled, but without | any evidence of bis illness the Commission should proceed, + Sevator Bayarp here stated he bad sent a message to the room of the committee of which Mr, Thurman was chairman to inquire of the clerk in reference to tke Senator’s absence, Pending the interval that ensued while the messen- ger was on bis way, Mr. Evanrs, of counsel for the re- publican side, called the attention of the commission to certain laws of Louisiana which were not in the compilation before the court, and then the messenger arrived bringing word that Mr. Thurman was suffering with pecralgia, but would attend during the day. The Pres! hetber the commission should proceea, and, the question being carried, Senator McDonald was invited to express the views of the objectors to certificates Nos. 1 and 3, ‘BPERCH OF SENATOR M’DONALD, Mr. President and gentiomen of the commission— The certificate announced by the President as tirst under consideration embraces the clectoral votes cast for Hayes for President and Wheeler tor Vice Pres- ident, If the evidences contained in these certificates the evidences provided tor in the cot few be counted, To constitute tnem the votes jor in the constitution they must huve been @ast.by electors whu ure competent and who have been jnted electors iv the manner prescribed by the Hslature of the State. The object made to the evidences embraced in the: First—That the Lewtslature did not provide the mai ner of theif, appointment. ‘Second—That they wero fraudulently returned by the officers intrusted with the canvass and return of the votes. Third—Vhat wwoof them were incompetent under the constitution, Fourth—That others of them wero disqualified trom Fatt by the constitution and laws of the State of oui: ij Fifu jat_at the time of their State of Lou hean in torm, THK LAWS OF THX STATE, With respect to the laws of the State authorizing the apvomtntat of elvctors 1 shall call the attention ot the commission to the statutes which have heretolore beet enacted, and which are understood to stand still upon the statute books, It will be found in the session laws of 1868 that a special law was enacted for the up- pointment of Presidential electors, and this special law was re-enacted in the Revised Code of 1870, and will be found at page 550 of that Rev: It will ve ob: served that this act does specifically provide tor the appointment of Presigential electors by a opulur vote of tho qualified electors of the State of wisiana. [t atso provides for the manner of the returo canvass of that vote, Jt will be seen by section 2,526, that immediately alter the receipt of the return fromoach parish onthe fourth Monday of November, if the retura shall not sooner arrive, the Governor, in the preseace of the Secretary of State, the Attorney General and District Judge of the district | in which the seat of government may be estabtished, oruny two of them, shall examine the returns and } ascertain theretrom the persons who have beea duly elected elector, By tne first section of this act the elections provided for in 1 are. styled the tions of the State. Section 3 the election of Presidential e! as follows: polntmont the jana did not have @ government repub- ascent, jor tors, That section is y vear In which an election shail be held for 2 Prosident and Vice brs tthe United | y day next alter uary ¥3, 1845, * and conducted and the returns made the: und form preserived by law You see it suys not merely the electio: and condneted and returns made, but the return: 1 | also coplorm to the provisions prescribed in the laws | for gencral elections, The repealing scction of this act, Which 13 the eighty-lifth section, reads as follows:— ‘That all lawé or parts of laws relating to the same subject matter are hereby and this act shall tuke effect from and alter its pussuze. So that your honors will see that two laws covering ime subject seem to have been enacted or recog. nizéd at tho same session, tho special law of 1868 car- rying forward into the code of 1870 and th 1870, By the enacting clause attached to th provisions of the code were to take effect on the let day Ot April, 1870, apd this was alter tho close of 1870 at which tbia general law was passed, and to meet any questions that might arise out of a cuntiict between the session acts of 1670 and the provistons omitted in the code another act was passed, the one to which the geptiemun from New York called the attention of the court. This act is entitled, ‘An 4 giving precedence in authority to all the other acts lutions passed by the General Assembly 1b uver the ucts Known us the revisiou of \d of the civil code and code of practice ‘when there exists any conflict in the provisions of the saidacts.” 1 is a single section, and 1s us follows: — ‘That all the acts and jotnt resoluitons passed during the presént session of the General Assembly which may be con- {rary to or in aay munner conflict with the acts of the pros: ent sexsion, known as the revision of the statntes, ot eral character, aud of the civil code and code of practice, shail have preference ol said revision nud be held as the law iu opposition th and as rtpealing thowe acts su tar as they muy be in confilet therewith. Now, this presents a question, and a very grave one, as to which of these two acts wero in force at the close of the soasion of the Legisiature of 187u, and upoa that fact depend very important quostions arising hereaiter. Iithe session juw# of 1870 have the uperation whtch the Legisiature expressly determined that they should have to repeal the provisions of the Revised Revised Statutes—i!_ tho term is more proper— ver there waaa conflict, und wherever these ses: statutes provided fur certain acts and certain remedies which were also provided in the code, and they differ, 11 that is to be the construction and cfect of this repealing statute, then thy special law pro- Viding for the election of electors, tirst enacted iu 1868 abd carried forward into the ved Statutes, wus thereby repeated. Ordinarily, and perhaps almost uuiversally, thu Jatt expressed will of tho Legislature Oust stand, and where several acts ure passed at tne game session of the Legisiature und they are io such conflict that they cannot be reconctled the last act must stand and the first give, But this presents a it, Fuese acts inthe TRevioet'@latuton ure the Fe by autnority of the Logit re and to take effect by ite will, and av the same session in which it ucted on re- vision it was passing laws. Its session acts were trom day to-day cousidored and passed by it, and m con- templation that there might be conflicts between these session acts aud this revised code that was being pro- pared, they declared the force and effect of their ses- sion ucts us well as with respect to those Kevisea Statutes, so it 18 not to be said that when they passed this a was restricting the operation and effect of the Revised Statutes; that notwithstauding that tho Revised Statutes contained the last will ofthe Legis lature made the last of april or ata if period than the passage of this law. 1 fe not the time to elaborate this proposition, and‘can but state it for the consideration o! the com- mission ; but if it had the effect which the law of the Legislature designed that it should have, the act of 1850 then went upon the statute book us the election Jaw of 1870, and provided the mode and manner which the State designed to carry into effect the provisions ‘of the constitution with reference to her right and authority to ff tisemrrinim Ifthe section of that luw to which I bavecalied your attention tully covers this question, and, in point of fact, 11 was so considered by the authorities of the State of Louisiana, and when the election for the appomtment otf electors in 1872 took place, the election took place under the special acts of 1870, both of election and the returns. The act of 1868, car- riod forward into the Revised Statutes, was ignored, and the uct of 1870 was the one regarded aw in force, upd was so regurded antil the 20th day of November, 1872, when another act was passed, to which 1 shall call Your Honor’s attention. You will, perbapa, take notice of the fact juaicially that at that tune t lature of the State of 1 pot in jon. The act had been passed at previous session, but had not been signed by the Governor, and was not signed by him uatil the 20th of November, 1872, This he was authorized to do under the constitution, and the law took effect from the dato of his signature. It 4s entitled An act to regulate and to conduct and maintain the free- dom and purity ot election, to prescribe the mode of making revurus thereof, to provide for the elvetion of the returning officers und defining their powers and duties, to prescribe th» mode of entering on the rull of the Senate and House of | Representatives and to enforee article 1USuf the coustitu: | tion, The first section of this act declares that the eloc- tions therein provided shall be styled the gen: elec- ton: Ihe seventy-first section, which {s the repesling clause, 18 as follow: ‘That this net shall take effect from and after its pas and all others on the subject of election law be aud suine are hereby repealed. This unquestionably repealed the session act of 1870, [tis an act on the same subject throughout so far asthe geueral elections of the State of Lous ure concerned, but it omits to Make apy uppointinent of electors, Section 20 is the only one that makes | any reference to the subject of Presidential electors. it 18 ag follows: That in every year im whieh wn election shall be held for electors of Previaent and President of tM Cnicod States such an election shall bo held ut the time fixed by the wet of Congress. And it follows that such elections should be beld under the provisions of this act, You will see by comparing this section with the ono I have already quoted on the | session acts of 1870, that while It ret to Presidential electors and their appointment, tt ini ho provision as the otuor act does for their election or appointment. | Jf the act of 1863 stood anatfecied vy the Legisiuture | of 1570, then this section would leave sometning to apply to; but the session laws of 1870 repeal the act of 1508 Then this act could not be held to apply, tor there can be vo question but thatthe act of 1870 in Coto | was repealed by ihis act of 1872, If the provisions had | not been such as would bring them in conilict, a re- pealing clause of the act of 1872 unquestionably em- braces ie Agaip, I may state that the autborities of Louisiana regard the act of 1872 and the amendments subse- quently made, a8 the only laws in force regulating tue election of all olficers and of all persons; and it it could ve held tuat under the twenty-sixth a, reicreoce there may be, there might be held tion for electors—ii that could bo held—it lea difficulty yet unprovided fur, und that Je, tout there 18 870, or in the acts of 1872 aud their amendments, any provision whatever for lilling Vacancies in the electoral culleges except by election, No other provision exists in oither of these jaws for filling vacancies of this class, except by popular election, ‘Now | simply place these statutes before Your Honors tor your due consideration, and I shall vot further audertake to discuss their bearingsat present. | MANSKK OF MOLDING THK RLECTION, Now, aa the fact was that the of 1a charge of the adiniuistration of the laws in the State of Louisiana with respect to ber elections did bold the election under | propose to consider in wout manner that these persons who have g | tors det which statement shall ulso be corroborated urder outh by | | of | Congress with resp braveb of the question it will only be necessary for me to examine the acts aud conduct of those who were termed the ret Lod r the State of Louta- gua, Their powers and duties are defined im sections Band 26 of the act of 1872 They are the same pre cisely as those conferred upon similar officers by t! Jaw of the session of 1870, First, however, as to the constitution of this Board, the second section provides that tive persons, vo be elected by the Senate from alt | be the returning officers | | age parties, sbali for all elections im the State, a majority of whom shall, constitute a quorum aad shall bave power to make returns of all elections. In case y vucancies by death, resignation or otherwise of Bonrd then the vacancies sbail be filled by he Board of returning officers. You at the Board herein provided cousists of five, and that in its political cast it sball ré tall u and if 4 vacancy occurs the re- Political parties, wibing MmeNvers of the Board shall Gilit, ‘This vory peculiar statute, a very singular law. Her rd organized with powers over the election returns vball elections is made beomouanh iss 4 power within itself to effvet that perpetuity, When once estublished the power bax gone Out fromthe Statc authorities, from the people, from all popular coutro!, into the bands of these inen, and they coutinue on, op, on, forever, J have already said that their duties were prescribed, ands will say that they are circumseribed; and you will see that it 18 very Lecessary to cireumseribe such authority 1p these sections to which | have made ret- erence which have been under review betore. Now, let us see what construction has been given’ to those powers heretofore; und I will firat call your att to the report mage by the Senate Committeo.on Privi- jeges and Elections, dated February 10, Hed Nese ted by Senator Morton, chairman, ‘The fovowiig language is used :— The statutes of Louisiana authorized the supervisor of ‘ation iu the parishes, or the Commisstoners of blec- to maa ard to any violenee, fraud or bribery by which a fair election has been prevented, which shall be forvarded to the Keturning Board slong 4 Papon which the K. poliin making the with the min charged, they ad to tu no anthority tolm: foundation Is first Ima Statement of the officers of viection just vefore met That report was made to the Senate of the United States, and upon that report and the facts t connecied the Senate acted in 1873 upon the electoral vote of that state. 1 have the report hore. Also iu the House of Representatives the commit- tee’s report wus made mn the 23d of ba te gd 1875, and was signed by the Hons. George F. Hour, Wi A. Wheeler and W. P, Frye, members of said commit. toe, Ere report at length sections Nos, 3 and 26 (Mr. MeDonald quoted the sections reterrod to at length). ‘thero is their authority; there is the direction by which they were to be guided; and this section No, 26, provides for the cbaracter of those papers that are thus to asgail and attuck these polls, that is: ‘That ip any paris during the i igation et, ward, city or town in whl of registration or revision of rexistratl election, there, shall by way riot, tumult, eo, intimidation, disturbance, brib rupt influences ‘at any place within said paris! nenr any polling place or pl ( rexistration, or of registration, which riot, tumult, acts of viotem dation and disturbance, bribery or corrupt influehos shall tend to prevent 4 tir, tree, peaceuble wud full vote of the qualified electors of ‘the said parish, precinet, ward, city or town, it shall be the duty of the Commissioner of lection, It such occurred etivt it they. occurred du registration of the registration plicate ane clear and full statement of all facts relatin: therets et produced by such riot, tumult, ir, tree, peacendle and full registration or section, and the number of lad elec- rod by such riot, &e., trom rexistration or yotin, three respectable citizens, qualified electors of th parish. When such a stutement is made by @ commis- or supervisor istration he supervisor of registra- . 10 the Neere- mt made by the warded by him to the rin section 2 of this act when of, the, eeaes he mi return and ail such >tatemente s! jection by wax or paste, or some adhesive sub- hat the same may be kept toxether, and the other copy of the supervisors of registration sha!l be delivered to the clerk of his parish fur the use of the Dintriet Attorney. The speaker also quoted irom the reports. Commissioner Tuuaaax—ts there any evidence be- fore us that they threw out returns that were not accompanied by certilicates ? WHAT 13 TO BE BHOWN. Senator McDoxaLp—I shalicali the attention of the commission before I am through to what I claim to be evidence upon that subject, Now, then, what do we propose to show in regara to the action of this Re- turning Board ¢ From the votes actually cast at the late election for the appointment of electors in Loaisiana the demo- cratic electors received majorities ranging from 5,300 to 8,990 on the face of the returns, As returned by the supervisors of Registration to the Board Koturning Officers their. majoritie: rangea trom 3,459 to 6,405 votes actually roturned to them by the returning officers. But a their canvass and re- turns and th ir certificates they certified majority 1m favor of these men, who have cast t vote, rang- ing trom 3,427 to 4,800, There you have the whole affair and condition of the ciecuion in Louisiana at once prezented before you. A large popular majority 18 returned one way and that popular majority is reversed by the action of this Board, by its mupip- ulations of the returns which came into its hands.) How was it done’ What was the pro vess. by which they reached. this concin- in the canvass mado by the Returoing ctual fraud committed by them, as follows:— THK FRAUDS COMMITTED. In the first place they did not undertake to canvass and compile the statements of evidence made by the Commissioners of Election. They threw them on one side und took the statement of votes made by the Supervisors ot Registration, and considered them aud them alono—that is, ag far as it suised their purposes, for they did not follow tl ule all the time, and under - oe of rs — they throw out the votcs of Faut entirely, Theve staseme: the vy made by the Commussioucrs Pig esis gy be! them brought by the United States Supervisor of Election for that parish. But the Supervisor of registration had not madea returo, That is all there was, There was no stacement of violence, in- timidation or fraud, There was uothing to impeach any one of those polls, ‘There was no question betora them that the origitul statements bad een made by the Commissioners of and yet this Board threw out that enuro parish, diefranch: the entire Parish, by the omnipotent power which they claimed vver the revurns of the popular votes as cast. Betore 1 cunciude I desire tu say that we impeach these returns for actual Jraud; tor want of nutbority. We claim that to accomphsh their purposes these mea rejected, sixty-nine poils, embracing twenty-two parishes ia whole or in part—thut is, that the people ot sixty-nine voting precincts in the State were ais- franchised by the returns made by the Returning isoard, Senator Tourway—How many of those sixty-nine Teturns were ucc»mpanied by protests? Senator MoDonaLp—I think not one, in the manner and form prescribed by statute, Now there 18 one other consideration; can this com- mission lovk into these questions? Where is the evi- dence of itt We say it bas been broken, that the evidence in support of this charge of fraud and ilte- gality will be found io tho investigation made, Urst, by the Committee on Privileges and Elections, ap- pointed to do that work under the resolution of the Senate, in Veoember last, by which they were re- quired and directed to ascertain Whether the appoins- ments of electors, or those claiming tw bo such, in any of the States bad been made either by force, fraud or other mei otherwise than in conformity to the constitution and Jaws of the Unitod States; ulso by the Honse Committee uppotated to investigate the recent election in Louisiane und the acon ul the Returning Board of the State in reier- ence thereto, We suy, then, that these steps bave already been taken. Can you look at them? Have you @ right tocorsider them? 1t1% your duty under tue law creating commission to oxereise all the powers essed by the two houses of Congress, acting separately or together, and to aeter- mine and decide wuether any and what votes trom the State of Louisiua are the votes provided for by the constitution of the United States, and how many and what persons were duly uppotnted electors tn such State. I say that, in vestiug these powors in this com- mmission, Copgress created # judicial trivunal and not a clerical’ board, a judicial tribunal possessing parlia- mentary powers. As a judicial commission it is bound to accept evidence as to Whether fruudulent certificates have been given to electors or whether any of them have not been duly uppointed, and in reaching shiv determinavion it must consider such prools ax would be udmissivie in either branch of Congress if enguged in the cousideration of the ne subject, Theretore the proofs already taken by either of ths houses of to these questi ure to be deemed “depositions and other pupers’’ pertinent to such determination. If these proots or any other evi- dence which the commission tnay properly rece: | Sbull establish the fuct that the electors who cast the votes in question had beer appointed by traud or otherwise than in coutoriwwity With tbe constitation and laws of the United States and the Laws of Louisiana, or if any of them were incapabie of being chosen, then tbo reyecied, for they ure the constitation, President and gentlemen of the commission— Mr May I, in concluding, adjare you that you mect these questions on their merits and see whether the charges aro true ur false. Here are frauds charged that stake every honest sentiment in the breast of every honest man, and rung throughout the whole country, fore, close your eyes to these ixcts and exhibit a de gree of judicial blindness that every honest man must deplore and the whole community conde SPEECH OF MR. JENKS. Representative Jenks, of Pennsylvania, followed, arguing that in the term ‘‘count the votes’ could be found all the requisite authority to ascertain what such votos really were, and then proceeded to show what the voto of Louisiana at the late election was, reviow- ing the returns and claiming a largo majority of the legal voto was for the Tilden electors. He also argued at some length against the elgivility of certain of the Hays electors of the state, SPEECH OF MR, BURLEOT, Mr. Haribut followed. Ho satd;— Mr. President, [| wish that my mind could be relieved of the diflerence of opinion expressed by the several members who objected in wdvance of me, aud the portaut question could ve determin as claimed by Semator McDonald, that this is a judicial tribunal vr, as claimed by Mr. Jeoke, of the House, that it is a legislative tribunal The juuicial power is limued by (Wwe constitution, and you certainly possess not that, ‘The legislative “power is equaily limited by tho constitution, and you certainly possess Do not, there- © oftieers iatrasiad | considering this | Nyt that, apprehend that the duty of this commission is to determine the laws us a com. maiitee, itl Way cai it su, appointed by the two houses villanies in their perpetration that huve | ho. gateumine upen certela questions whteb bees arteen with regard to this Presidential election, and that this committee, Or this coinmission 16 supposed to puss thee HM settied anu 8 the record, which is among the things committed to jou by the Vice President, and which already, ff 1 understand the decision of the commission, e varred by the decision made ip the Florida case Now, 1am herein the discharge of a duty that bas been cast upon me. todo two things, to object to the ra known as * ery cersificate. hat may be done, us f understand it, in two Ways:— First—By showing that the certificate itsell is not good. Second—By showing that McKnery himself is not Governor. ‘That is an attacking process, to the certificate and to the title of the man who gives it, Aguin, the attack | may be wade justas well by supporting, by the law and the evidence, the existence and legal effect of the | other counter certitieate, purporting to be given by Willam PP. Kellogg, and the establishment of the government tu the — satisfaction of | this committee and of the world, thar Wiliam I’, | ! Kellogg is, and was at the time when that certificate | wi ivou, the ouly Jegal and recognized Governor in | the State of Louisiana, Fortunately there is av abund- | ance of proof upon that question, There is vo Gover. | nor that lias heid office In the United States that 1s so abundantly bolstered up by proot ot his ex Governor, by the factof the election, by the deciaration of that election, by the 0! turning officers of the State, by the fact ot t! of the votes, by the only iegal Legislature the State, by the fact of the entrance into ollice under that count, by the tact thut, when in pursuance of the | aysvem which prevailed in that most wretched State, the course of law, sovereign und supromy as it ought to beinevery republicau government, was violently overthrown—when in 1874 revellion by arms was i- augurated, civil war vroaght into the streets of the capi- tal city and armed forces organized—tho avowed object was Lo overthrow the existing government apd to sub- stitute another one, of which this man MeEnery was the figurchead. What then? Theu the inervenuon of the United States 18 asked under the cons: itution, The United States is asked to lend its strong arin to sustain the right, That power of determining which was right, which was the government to be sustained of these two conflict- by the act of 1795, delegated by ‘Congress to the —_ President of these United States, and that delegation gives, until its decision is overthrown by both branches of Con- gress, absolute value to the recognition on the part of the government in determining which was the righttul government of the State. The President of the United Stutes so recognized it, The Presiaent of the United States did more He used the army of the country to put down the rebellion and placed by torce of arms, by conquest, Kellogg. back in the seat from which he bad been thrown, Now, is this not the language of the record? I al- lade to these without giving the dates, when 1 will do | ereatter tor the consideration of the tribunal. not cnd here, It does ACTION OF THE SENATE. The question comes up as tw the propricty of the Prosident’s uction, in tho senate of the United States | adopting eventually au resolution offerea by Mr. An- thony in terms as follows, and I quote trom the Senate journal, 1874 ana 1875, page 475, ‘What the wet resident in protecting the govern ment in Louisiana, William P. Kellogg | coutive, and the people of that State against domestic vio- lene enforcing the laws of the United Stutes in that State ts approved. There is the sensational recognition of a rule made, by the President of the United States under the power delegatod to nim in the law of 1793, and the approval of bis action, and the committal of ove branch, at all events, of Congress to the validity of Kollogg’s tenure of oifice. And in reading through the record | find still more pointed action of the Scnate, because the negativing of « proposition sometimes, which 18 untag- onistic to the main proposition, adds peculiar vigor and force to the proposttivn itsell. i tind that, that reso- lution being pending, Senator ‘thurman offered an amendment, which appears on page 473, that nowhing in that resolution should be considered as recognizing Kellogg us do jure Governor of Louisiana, and that resolution was rejected by a vote of the Senate, Well, the Houge has taken sumo action on this The committee of tne Houxe known the Committee, which bas been relerred to by Mr. Jenks ip his argument, reported a certain resolu- tion, On the journal of the House of Representatives, page 603, of the session of 1874-5, this resulution ap- peurs:— Resolved, That Wiliam Pitt Kellozg be recognized as the Governor of the State of Lon siuna until the end of the term of office fixed by the coustitation of thus State. ‘That resolution was udopted by a vote of 165 to 89. This same committee, of which Mr, Wheeler and Mr, Hoar were inembers,'were unxtous, ought to be, to put un end to the bad which conlessedly pre: that eod they unde ik, at the request purticos (Johu McEnery, this contesting being one), of these Jovernor, to make un award which wus to be curried out by certain changes, by resignations on the | one side and putting into ollice on the otherin the Legislature of that State, ‘That award was mado by thet, and in pursuance of that award the Legislature of Louimana passed « resolutiun by which Uuey agreed thatthe tenure of office of Wiliam Pitt Kellogg during the time for which he had been elected and wuts! nis successor should pea mg pes should notin any way be inte xd with by that Legisiature of the State of Louisiana 1p consideration of this award, THE ELECTION IN 1872, Now, I will come back, first to the question of his election, In 1872 the contest was between John M Enery and Willam Pitt Kellogg for Governor. Go ernor Warmoth, who undertook to manipulate more things than be could carry, endeavored to complicate the mater by breaking up the legal Board of returning Officers, which exist uuder the act of 1870, and to create a board of creatures of his own. So ‘that, in Jact, at that election of 1872 there were two conflicting of returning officers of election, one of them known as the Lynch Bourd and the other as the former Board. Now, the court of the State of Louisiana by tiled that qa in, The Supreme Court, in the iwemty-fith annual reports, in the case of “The State ex rel, Attorney General ayaiust Wuai ton and others,” rendered this decision on page 14: ordered wd wdjudzed that the Bourd of composed, dke., &¢., was jegal Returi f election in Louistuna, And that was the Board by whose certilicate of ciec- tion Kellogg derived his title. Now, if it be true that William Pitt Kellogg was Governor of the State of jana on the Otho! December, 1876, it is mani- festly true that John McEnery was not, and whatever virtue or value im the way of evidence ths commission may attach to the — certil- cate of « Governor must bo given to the Governor who, by election, recognition und all other steps known to the law was atthe time actcal Gov- ernor, und not to mere pretender, who retired trom thut contest by hig own will iu 1574, and bas not in any way undertaken to assert or exercise uny possible control over the office of Governor of that State from that day to this, THR M'KNERY CERTIFICATE. Again I call the attention of the commission to the pecuiiar wording of tne certificate given by McEnery. He was carelul as far wehe could uot to commit him. sell lo & statement of essential fact as appearing by evidence, This is a certiticate that we wud correct list of th t wud View President of regular term 0 electors duly and legally appoitited by u ool Louinianu, having each received 4 majority of the votes cust for electors in the election of the state of Louisiana held in nee ing furnished as directed by law by the Gxvcutive authorities State of Louisiana ‘There is no record there of any source known to the law trom which he derives this recoguition, There is ho relerence to any rolurus on tile in bis office, b cause he bad noottice, He bad no returos. He bad no Secretary of State, Ho had ao man in all Louistun who would come forward and verity the soal of the State and the signature of the Governor by signing “By the Governor, £0 and.sv, Secretary of state,’! Now this brings me to constder, What are the evi- States for the nex ' dences that ordinarily 1 the regular course of law in | all cuzes of elections come up vetore a cunvasming or determining tribuoalY Poes any one contond tur a monent that this commission either has the power, the authority or the meuus or Lime to purge the elec- tion in Louisiana; to pass through the whole system ag it was displayed there on the 7th day ul No- vember; to examine ito every roll, or even to read that mass of balderdash under the ‘name of evi- dence that 1s sent up here, and ball of which is yet un- printed’ 1sit not true that this commission Is exer- cising to & Certara extent a political, not a judicial, power, and that you are exercising It as all poutical bodies, determining bodies, pass upon elections, not upon the very facts that may have taken place away down to the remotest poll in the different parisues, bat upon the regular returns of the officers consti- tuted for that purpuse and sent forward tw it? Iu other words, | draw very clearly in my own mind the distinction between the power of a political trib nal to deLeriiine an election upen the apparent right the prima facie right, as It appears upon the papers, sent up to you—and the right of a judieml trrvunal when two parties are belore it, one claiming to have been veritubly elected and that the other has not been, In that case no man denies that the judicial tribunal Wf clothed by law with that power, can pass behind all returus, all papers, aud can inquire M10 the veritable facts of the case and determine according to the very right. Now, Luon’t beheve that by any wr construc tion of the law, or by wny proper coustruction of the wers of the LWo houses as given by the constitution, there exists either tu the two houses or in this Uribuaal of examining into the very right, ast you | it sitting to-day to try the case, a quo Ww Fauto brought by one candidate the’ Presidenc Aguinat anotuer 1 occupation, if such a procecding be | known to the laws of the United stules, op whieh poimt 1 proiess to give Ho opimion Whutever, Now, it wus | stuted, and stated correctly, by the distiuguished | counsel Who argued another case betore this tribunal | (Mr, Matthews) that an election necessarily consists of | certain sleps moving forward, lt dove so every x in all States, «in all governime where elections are, and where they mvolve anyth larger than the single political unit, Now, where you ea community 1 Wo everal education 18 dif fused, and 1m which there general desire vo main- | tain fair dewling and support the law—as provatis for- | tunately in most of the States of this Union, but not in Loursiana—then the election processes begin trom | the bottom; then commences in the commasity the lowest possible subdivision of puiltical vower, and the people themselves are lit to be (rusted and ought to be trusted with the power of determining in those litte loca) commanities under the tspection of their neigh. | bors who shall be Judges of their eiection, So you hav can bave judges of electior from that basis the election processes go up by returns trum township to county, from county to Gistnet, from dis. trict up Ww the State cunvassing bourds, and In every one of those processes the subordinate tribunals— every one of them election tribunals-—nave and exer. cive the power properly meant, @y the power of mak- ing returns they are revuraing officers. POWERS OF THE HOARD, All laws reflect the condition of society, Thus in dunes with law, this certificuse be- | | wei /NEW: YORK HERALD, WEDNESDAY, FEBRUARY 14, 1877—TRIPLE SHEET. ‘There is not in tbat community that difused educa- that i have spoken of Above all things there w that reverence of law which permits trusting local neighborhoods with this power, and $0 in recog- i from the battom and coming up, begins from the top. | nition of that fact, in recoguition of the tact | thet from the beginning that most unfor- | tumate state thi has “been armed, deliberate Fesistance to ail law, There was been @ deliberate, settled, persistent resolution to crush out | by violence aud force all those things, ao matter What they were, which stuoa ih the way uf the party that sought to make iself dominant by force when tt was bot dominant by numbers; aud thus the Legislature commeuecd in 1868 by first’ creating a sort of retara- Fd consisting of the Governor and certain offi- Md waIDg a judge for the purpose of deter- mining these — tacts of tntimidation, This commission 6 acquainted = with the his of that country, Now, th having uted them judd, they make tiem the taal judges and only tribunal which has the rigut to give a | ‘pruna Sucre certificate of election for ail elections held in the State, apd the question gra: resolves itself | back to thie:—Whether the Presidentia! election of | 1376, 1m which certain persons were chosen as elec tors, was ap election held within the State of Louisiana, it w@ then there men bave jurisdiction. | Now, the election of electors in Louisiana stands | upon two statutes, Lhere 1s one statuie in the Revised Code, which is un the question of elections, which makes the provision thatiu every yoar (section | 14, p. 110) in, which a election shai! be beld fur electors, | such election shail be held on the Tuetday next alter the first Monday in the month of November, aud such election s! be bela and conducted 10 the manner and form provided by law tor eeneral and State elections, Now, there is another law in the Re- vised Statutes, on page 551, section 2823. It | is simply a ‘repetition of ‘section 1,410, and section 2.824 proceeds to direct the manner in which | they shull vote, and sections 2,826, 2,527 und others | relate to & special mode of return provided by that jaw, Now, Lapprebend that in considering the effect of statutes that are claimed to repeal the one or the | other tbe Grst question 1 as (oO What the | probable intent and meaning of the e isiature was, No man pretends that it | was the probable intent aud meaning or purpose of the | Legislature of Loutsiapa to repeal the right of the peo- ple to cust their votes for electors for President and Vico President, Why? Because it is inconsistent with the actual state of things that has prevailed since | that time; tor there has been a Presidential election held smce that timo in 1872, and held by this same process of Voting by the peop! There bas been a Presidential election held in 1876 and that held ip the same manner and by the same process of ascertaining the choice of the people in that matter of appointinent of electors, so that the construction to be derived by the usage of the government itself 1 aguinst the theory of repeal; and, besides, there | omes I another great principie of intepretation, that | laws repeal only so much of the preceding law us is incousisient With the one to be enacted, and hence it has been held in practice in Loutsiuna, and andoubt- edly 18 the clear law of the case, that the repeating act of 1870 aod L creating this Returning Board, only interfered with the act) on regard to Presidential electors so fir as to do away with the special tribunal provided under that prior act, and to subinit that cleetion aud all other elections held in | that State to the arbitrament and determination of | eturning officers. perhaps, be pardoned im saying that, | whatever may be the amplitude of the power com- mitted by these statutes, under the will of the people of Louisiana, to this Board of returning officers, what. | ever may be the perii—and f cun see it—ol giving so large a jurisdiction to any Board, that the thing | which was behind it and the cause of it, the cause of | the enactment, 18 infinitely worse, aud deserves the | condemnation of every man who loves his country and believes in the rights of the down trodden and the | oppressed, For I say hero, from some knowiedge of | | the facts und close mvestization, that the history of Louisiana since the reconstraction has veep nothing more nor less than ageries of ucliberate attempts to | overthrow existing law by torce; that the oid Anglo-Saxon method vy which existing evils are corrected 1p the form ol law, never seems to bave en: tered into the imagination of that bot-headed, rash and imperious people; they have adopied rather the Laun form that their neighborhood to Mexico would | induce—sounding propunciamentos, revolution, tol- lowed up by forced loans upon the commerce and in- dustry of the country to support an iliegal and irregu- Jar armed force in breaking down that which the con- | stitution and the laws give to the people of that State, and therefore tho Bourd, with all its powers, came into existence, Now, the mode in which that Board may have dis- cuarged its duties, the details, if you piease, of the various steps Which they took to acquaint themselves with the condition of this parish, ail these things aro evidence aliundi outside, aud the simple aud direct propositiontbat is made by the directors upon the other side is that this commission shail resolve itsell into a tnibupal to try the question of who did vote and who did not vote yonder im every poll in | Louisiana, You cannot do justice — with- out; you cannot rest upon exparte testimony taken by the Congressional Commission for, although I have the honor to be w member of uno branch of Con- grees, my experieuce i* simpiy Unis, that of all iriba- | hails or protended tribunals that were ever gotten up by the perverse ingenuity of mun for the purpose of inquiring into political mutters, there 1s uotning so likely to be unlur and to do injustice | as a Cobgresvioual Committee necessarily. Look | the um Does this commission expect to | read 7,000 pages of tho reyults of the so-called mvestigation weld by the coinmittee? [ had the honor to bo amember of the Louisiana committee, ‘There are oniy 4,000 pages printed. The utber 3,400 will be printed wben our printer gets nency enougs, You cannot read intelligently the mass that is there in the time th it lies between now and the 4th of March. You cannot take the synopsis of nay gentleman as to the | existing facts im the case, You have bo right. If you undertake to try, you must try by the law aud as the Jaw prescribes. This tribunal at all events 18 to trusted and it is believed will not suffer itself to be the mere vebicle of wholesale and continuous slat der against men, giving them ne opportunity tor re- Duttal or explanation, So that the ideu of opening up this entire matter, pagsing into the reasons which guided tout Retarnmy Board, passing bebind their judgment as given and recorded under the promise of Iaw, im pursuance of the constitution of their | State ind the power gromed to them by iH | legisiature, you ure asked to pass bebind that und inquire. Ifyou undertake to do that you will do what the Suprerpe Court of the State of Louisiana has declined to do and | reier you (to the decision of tho Supreme Court in that State im the case found in 258, Lousiana Annual Reports, pa 3, Collin against Nublack. ‘Thus the Supreme Court’ of the stato itself, 8 regards ils own — legal electios has ‘decided that tho returus mude by th Board ana required by the law to be filed with the Sceretary uf State, and also required to be promul- gated by publication in the papers, are the evidence ‘on Which the Governor gives commission to all olflcers in the State, and that these returns and declarations are prima facie evidence which can only be gone behind | im judicial trial. Now, L apprehend that this commis. | sion ts not situng, nor can it sit, a8 & judicil tribunal to try which of the two gentlemen named tor Presi- d nthas actually been eiected—which ts entitled to hold aud enjoy the office, At the couclusion of Mr. Huribut’s speech Senator Howe addressed the commission, arguing that William Pitt Ketlugg was the Governor of the State, and conso- quently the only person authorized to sign an electoral certificate, He cluiined that the action ot the Revuru- ing Board was authorized vy the laws of tho State, and that in throwing out the voles of certain parisues they were justiied op account vf the violence and in- | Umidation practised, At the conclusion of Senator Howe's argument Judge | Campbell tuformed the commission that Messrs, penter, Trumbuil and himsel! would appear as counsel jor the democratic side in this case, Mr. Evarts announced that Messrs, Stoughton, Shet- | labarger and himselt would appear tor the republicans, | Judge Campbell requested that the time for the ar- gument¥on the merits be extended to +ix hours tor | each side, and Commissioner Abbott suvmitted a mo- Hon to that effe | Commissioner Garfield moved to amend by makjng the ume tour hours for eac Without voting on the question the commission, on | | motion of Commissioner Edmunds, took a recess uoul | nulf-past four o’clock. On rei abling the Commission announced that | four hours and a halt would be allowed to exch side | for their arguments, and that the Commission would commence the hearing at five o'clock und sit until pine | o'clock this evening. | When the Commission again assembled at five | o'clock ex-Senator Carpenter rose and delivered his | argutnent on tho democratic side, VIEWS OF WM. BEACH LAWRENCE, THE DEMOCRATIC ELECTORAL COMMISSIONERS | ADVISED TO RESIGN—ACTION OF THR MA- JORITY UNCONSTITUTIONAL AND ARBITRARY, ee | constitutionality | Oregon elector, Herato's editorial above referred to:—‘The ace tion Of a canvassing Boara, they said, may be mistaken; it may be clouded with error, it may even be tainted with fraud, This traud, if successful, may deter ne who ts to be President of the United States, and yet Mt 14 Loo sacred to be touched and it eads all inquiry.” Mr, Lawrence continued:—It may be noticed tuat the infallibinty formerly contended for as to Gov ernors’ certificates was transferred to those of the canvassing boards in order, a4 the sequel will probably show, to meet the case of Governor Grover, ot Oregon, it may be remembered that when some weeks ince you interrogated me in regard to the establishment of the commission | bad not then au opportunity to ex. amine the law itself, but I relied for its constitanon+ ality on the sanction which it had reseived from the most eminent jurists of the Senate, while in the learn- ing and integrity of the Justices of the Supreme Court | had the utmost confidence. After saying that “the commission will decide" | remarked that Wuether under the powers whic! the Any and what votas are the true und tawtul | dtu tof this provinion will be in subot ho vii only that 1 the two houses i over the nal comelus: If L telt obliged tw comsteue th outing of the electoral votes of the Stw t duplicated returns to the finul decision of any evi mise sion whatever, I should consider the 0 us very objea- Howabie, but f do not so construe at, An examination of the Jaw shows that I was mis- taken in supposing the affirmative action of the two houses pecossary in order to give effect to the report of the commission, whereas a concurrent order of the two houses separately given is required to reject it, Whether a power to be exercised by Congress can 4 delegated to others is not a new question, State legis lators have frequently attempted to evade responst billty by referring laws to the people, but the of such reterences hax ever been impugned. Although the universal beliet was that a plan of pacification satisfactory to both of the great parties had been arrived at, and that it would promote the industrial in. lerests of the country endangered by the apprebensioa of a disputed succession, | think that constitutional pots which can never with impunity be disregarded were not sufficiently inquired into. THY PRESIDENT OF THE SENATE, ‘The question beture Congress during the whole ses. sion had been whether the l’resident of the Senate was by the constitution authorized to count the votes for President and Vice President, including their adinisal bility, or whether his power was conflaed to simply opening the certificates and handing them over to Congress, when the two houses had to decide on them, In the first case it was admitted that he could not go outside ofthe papers, It was even claimed for him that, in case of conflicting certificates, he was to de cide which should be admitted, On the other nand, ifthe duty devolved on Congress, it was supposed that they bad an unlimited power of scrutiny. To prepare for the exercise of this power both houses of Congress had sent committees into the Statesin which there were likely to be disputed returns, and all the power belonging to Congress or cither House nad been exhausted In the examination of witnesses and at an enormous expense of public treasure. When tho reference was mude to the commission they were vested by the very terins of the law with all the Powers necessary to come to a correct conclusion which Congress or either House of Congress had pos- sessed. The creation of the tribunal was in itself » legislative declaration of the right of CGon- gress to go belind the returns, that all the ine vestigations which had been made by the com, Mittees or otherwise were before them and might be referred to by any of the parties inerested. If the commission was to be confined to the mere counting of the votes, which it was contended that tho Presi- dent of the Senate hada right to count, why ajl this machinery’ What conceivable motive would there exist for the creation of the commisson? The omy possible end that could be attained was to secure the absence of any partisan feeling, which tt might be sup- posed to affect an olficer selected, as is the President Of the Senate, distinctly by a party vote, CHARACTER OF THR COMMISSION, Not only are the judges on the commission lawyert who bad attained to the highest rank of their protes- s10n, but the selections of Commissioners made by the Senate and House of Representatives were, in all cases, from among the leading members of the Bar who were 1m Congress. The opinion of every individual of them would carry weight everywhere. Of course, it was un- derstood that the orgunization of this tribunal, with an especiul oath required trom its mombers, was in- tended to make it certain that all partisan feeling would ve excluded, and that, according to the terms of the oath, “a true judgment would be given agreeably to the constitution and the laws. ’” REVOLTING REPUBLICAN PROPOSITIONS. Ihave already referred in the citations from the Heratp to the question which first came before the tribunal, and the decision of which, both im the prolim- inary and dnal proceedings in respect to Florida, carried out and aflirmed the propositions of the repub- can counsel which I have traced, Re volting I cannot but regard them not merely to the professional understanding of every lawyer, but to the moral sense of the world at lacge, Nor is it the least important circumstance connected with this de- cision that all tho republican Commissioners sustained the proposition of the counscl—thut no extent of fraud should be permitted fo vitiate a party canvass, So far as regards Mr. Morton and Mr. who bad contended for the right of the Pi the Senate to decide on the votes, their course was perfectly consistent, bat not so thatof the Senators and Representatives who bad advocated the com- mission, Nor can I hero refrain from remarking that the consequences of this act may not be confined to the Presidential election, but by drawing the members of the Supreme Court into the arena of partigan politics, destroy the intluence of that tribunal whose maintepance, in all its vigor, ia casential to the system of government of the United States, Assuredly the people who accepted with such cordiality the new tribunal had a right to expect the same impartiality at least as would be accorded to @ case in which the private interests of two individuals were concerned, commission it 18 most probable that im any suit in- voiving title to real estate or u question o1 commercial law the decision of these fiiteen gentiemen would be unanimous, But were it otherwise it ta quite certain that they would not divide according to their political parties, TUE FLORIDA DECISION, If we understand the decisions which have reached us not only is the Florida case disposed of, but also that of Louisiana, while it 1s said that in deciding on the question of the disqualitications of a Florida elec- tor it bas been attempted to anticipate the case of the the principle of which can in no possible way bo distinguished from the one in Rhode Island, as to which the Governor of this State acted in accordance with the opinion of the Su- preme Court, given under tho constivution of the State. Newroer, R. 1, Feb, 11, 1877. The Hon. William Beach Lawrence, of this eity, re cently returned from Washington, where he attended the recent discussions of the bill creating the Klectoral Commission, and bad the pleasure of conversing freely with prominent members of both partics, Lust evening @ HkKALD correspondeut was favored with an interview with him, The distinguished gentleman spoke very ireely on the recent decisions of the commixsion, Which he criticised, as willbe seen | below, and he seemed to hold that the bill creating it | was unconstitutional, and intimated that its procead- ings might be held as null and void on account of the unconstitationatity of the scheme. Mr. Lawrence substantially said as follows:—The news th Washington during the Inst two or three days has nota little surprised me. When | lott there after no inconsiderable int bent men of both political parties it med to me that all admitied that the election of Governor Tilien was | placed beyond all peradventure, Many who lad supported Mr. Hayes told me tbat they were convinced that Governor Tilden had been constitutionally elected, and that they never could be parties to the infamous frauds by whieh the returns of the votes of Florida and Louisiana were attempted vo be perverted tor his benefit, HkkaLp of the 6th inst., referring to the speeches of Mesers. Matthews, Stoughton and Evarts, presented so | luctaly the utterly unteoable character of the argu- ment of the republicans fur excluding all inquiries us lo the retarns, that | remarked tou iriend (hat had | been sitting as w Judge | should have inumated, alter hearibg the speech of Mr. Evarts to the opposite coun. sel, “that po argument was required on their Lousiana the election process, insteud of beginning par.” Hero Mr, Lawrence quowd from the course with promi. | The articie im the | For the tast four years Louisiana cannot be said to | have bad a republican government. An irresponsible | body, with a power of perpetuating themselves, bas had ap absolute control over the sui- | frages, as affecting ax well elections in which the Bation is concerned as for State officers, The dis- graceful nature of the proceedings before the Can- vassing Board of Louisiana, which hawked about the | voted of the State, offering them first to one party then to the other for a pecuntary cousideration, as well as the perjury and torgery by which Mr. Tildea was deprived of @ majority of $000 oF 10,006 | votes and Hayes clectors chosen by 3,009, is not only | kuown to the world at large, but recorded in almost | every page of the Congressional proceedings ; yet it the | course pursued in the of Florida he carried out the eyes of (he Commissioners will be closed to then and the certiticates ot Wells and Anderson and their | negro associutes be made conclusive tor the viection of the next ’résident of the United States RESISTING 4 SCRUTINY. isthere any remedy? Are those members of the commission who cunstitute the minority, but whose | sanction, at least, ina moral sense, would be necessary to the completion of this stupendous fraad, to | be obliged to give their tacit assent by their preseu to the clevation to power of one who had confessedly 300,000 votes below his | competitor in the popular canvass, and the validity of | whose electoral votes is by the action of the commis. ston confessedly incapabie of sustaininy any serutiny. ‘Tho disposition of the commission, Whose constitu. | tonality 18 well questioned, could have no other prae (CONTINUED ON TENTH PAGE] Looking to the attainments of tho members of the vr