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Show TELEGRAPHIC TILLALNY EXPOSED. Tho Louisiana Democratic Visiting Visit-ing Committee's Report. They Follow Hoar, Wlieeler and Frye; Showing (h Isasfardly and llirgul A en oTihe Ueloru-iuff Ueloru-iuff If oar d; And Ask If Ihe People Will Submit to feucli ft-ruuds. WashiDgtOD, 11. The address ol Palmer, Trumbull and others of the democratic visiting committee to New Orleans, is directed to Hon. A. S. Hewitt, chairman of the national democratic committee. They Bay the facts counected with the election and returns show that the action of the returning board in proclaiming the election of the Hayei electors IS inBITHiKY, UNFAIR, and without warrant of law, and and adopt as applicable to this canvass can-vass the language of the report made in the United States house of representatives repre-sentatives in 1S75 by George F. Hoar, W. A. Wheeler and William P. Frye, in regard to the canvass ol 1S72, in which they say that "the so-called so-called canvass made by tlo returning board in tbo interest of Kellogg, eems to us have no validity, and is entitled to no respect whatever." We also adopt the language of (his report upon the condition of Louisiana Louisi-ana in 1875: REPUBLICAN COMMENTATORS. "In the Btate of Louisiana there is a governor in office who owes his , seat to the interference of the national power, which haa recognized his title ! to his office, not by reason of any , aacertainment ot the facta by legal ' process, but has based its action solely on the illegal order of a judge. In the same state there is a legislature, legisla-ture, one branch of which derived it authority partly from the same order, the other being organized by the national na-tional government, aud which majority ma-jority derives its title not from any legal aacertainment of the facta, but from the certificates of a returning board which haa misconceived and exceeded its legal authority.'1 In November, 1S7G, before the returning re-turning board commenced the canvass of the electoral vote, the candidates for electors on the democratic ticket presented a protest against ita jurisdiction juris-diction over the subject or its canvass of the vote relating to the same. This protest was summarily overruled by the board without aflording au opportunity for argument. No legal proposition in our opinion is clearer than that the board was mistaken as to its powers, and that it had NOTHING WHATEVER TO DO with the electoral vote. The election law of 1872 and the amendments under which the returning board is created and acta, makes no provision as to the manner of appointing electors elec-tors of president and vice president, whether by the legislature or by the vote oi the people, nor whether by : the state at large or by congressional I districts. Nor doee it contain ony I provisions as to the qualification of I electors, the place where they are to meet nor for filling vacancies. After quoting the state law governing govern-ing the returning board, they say it is immaterial so far as it affects the jurisdiction of the returning board whether the act of 1S70 relating to the appointment of presidential electors elec-tors la repealed. If repealed there ia no law in Louisiana for the appointment appoint-ment ol presidential electors; if not repealed then the canvass of returns for such electors must be made by the governor in the presence o( the secretary of state, attorney general, the judge of the district in which the eat of government may be established, estab-lished, or any two of them, as required re-quired by the act of 1S70, and in making such canvass they would b confined to an ascertainment of the persona elected according lo the return, with no authority to reject votes. In no event can the returning board have jurisdiction over the rtturns of electors of president and vice president, and their canvass of the same is therefore entitled to no respect from any one. LAW Or THE RETURNING BOARD. The election law declares that five persons, to be elected by the senate Irem all political parties, shall be the returning officers for elections in the state, a majority of whom shall constitute con-stitute a quorum and have the power to make the returns of all elections. In case of any vacancy by death, resignation, or otherwise by either of the board, then the vacancy shall be filled by the residue of the board of returning officers. The present board consists of only lour mombers, to wit: J. MadiBOn Wells, T. C. Andersen, G. Casanove, and Louis M. Kenner, ouo of whom, T. G. Anderson, was a candidate for the state at the recent election of the republican ticket. AH are membere ol the republican party. They are the same persons who constituted con-stituted the returning board in 1-47-i, and canvassed the election returns of that year, and of whom a committee of the house of representatives of the United States, composed of Messrs. Hoar, Wheeler, Frye, Forstcr, Phelps, Marshall and Potter, after a carelul investigation of its actions, said: " e are constrained to dd;ide that the action of the returning board on the whole was arbitrary, unjust and in our opinion illegal." ILLEGAL ACTIOS OF THE BOARD. The vacancy in the board occasioned occa-sioned by the resignation of Oscar Arravo, in December, AS 4, ni never been" filled, although repeated applications appli-cations by the representatives oi the democratic conservative party ol the state and its candidates have bn made to the board to fill the same. It is appalling to think that the statement thus made contrary to law after the result of the election throughout through-out the state was known with approximate approx-imate accuracy made aa an afterthought after-thought by disappointed candidates and their Iriends, with an evident intention to throw a drag net of suspicion over parishes enough to reverse the emphatic ver diet of the people made too at so late a day, and so great a distance from many of the parishes struck at that it was impossible to have auy ! fair investigation, should receive consideration. con-sideration. Commenting upon the foregoing provisions of the Louisiana statutes, Messrs. George A. Hoar, Wm. A. "A'heeler and W. P. Frye, in their report made February 1S75, aid: " Upon this statute we are all clearly of the opinion that the RETURNING BORD HAS KO RIGHT to do anything except lo canvass and compute the returns which wore lawfully law-fully made to them by the local officers, offi-cers, except in cases where they are accompanied by the certificate of the supervisor or commissioner provided in the third Beclion. In such cases the last sentence of that section shows ; that it was expected that they would ordinarily exerciae the delicate duty of investigating the charges of riot, tumult, bribery or corruption on a hearing ol the parties i uteres ted in the office. It never could have beeu meant that this board, ol its own motion, sitting in New Orleana at a distance from the place of voting, and without notice, could decide the right of persona . claiming to be elected. There ia no more dangerous form of aelf-delusioD thaa that which induces men in high placea of public trust ts violate the law, lo redriBB or prevent what they deem public wrong. " These references to the report of the congressional committee upon the action of thia aauie returning board in 1874, and ita construction of the statute are made that the public may know how this board and its rulings were regarded by these prominent gentlemen, one of them a candidate for vice president at the recent election, elec-tion, at a time when its decision did not a fleet a presidential election. We regard it as indispu table that the returning board had no jurisdiction to inquire into mid reject the returns from any voting place in the elate on occomii if uu of violence, or other causes melioued iu the alalule, unless the foundation for such inquiry and rejection is laid at the time and in the manner provided in the statute. DAKK LANTERN WORK. The proceedings of the board in executive session, lo which we were admittel, consisted in opening the returns from each parish and examining exam-ining the votes lor presidential electors. elec-tors. No protests or objections appeared among the papers and there was no outside protest from any one. The returns were sent to a private room lo be tabulated by the clerks, all of whom were republicans, who kept their action secret. If any protest was fuund among the papers, or from outside parties, the returns were laid aside to be alterwarJs considered by the board in secret. In Ihe few c-ses in which there were charges of fraud, intimidation or other illegal acts, tht candidates or their attorneys were permitted to take copies of the charges and testimony taken and written interrogatories were submitted in regard to auch parishes. On December second, after all the returns had been opened, the board WENT INTO SECRET SESSION, and we were not permitted to see the computa ion of the returns already-made, already-made, nor to know what rules the board adopted iu passing upon the contested cases, nor the process by which it arrived at the results. We : have been furnished a triplicate or j certified copy of ttie duplicate state-! state-! meat of the commissioners of election !of all voting places in the state from which have been compiled a consolidated consoli-dated statement of the entire vote of the state for presidential electors. From this statement, which we believe be-lieve to be accurate, the majority for the lowest Tilden elector over the I highest Hayes elector, is 8,957, and the , majority Hayes elector is 6,300. The returns in our possession correspond precisely in moat cases with those opened by the returning board. The difference in the aggregate arises mainly from the -fact that the board did not have all the returns before it. The luperviBBrs, all of whom were republicans, many of them employes IN THE CUSTOM HOUSE in New Orleans, some non-residents of the state and one of them under indictment for murder, withheld the, statements of the commissioners of election in some instances, where the democratic majorities were given, amounting in the aggregate to about 1,500 votes. The returning board refused to issue certified copies of the duplicates of the missing returns filed in the office of the secretary of state, and the clerks ol the district courts, or to take any effective measures to procure the originals. The returning return-ing board in proclaiming the result of the vote lor electors, made no statement of the vote cist in the sev eral parishes, hut simply aunounced the aggregate vote for each elector in the state, giving the Hayes electore a majority varying fiom 4,026 to 4,712. To accomplish this they disfranchised dis-franchised 3,350 democratic and 2,402 republican voters. This announcement an-nouncement was made in the face of the tact that the statement made by the commissioners ol the election Bhowed majorities RANGING FROM 6,300 TO S.957 for the Tilden electors. No attempt is made to give a reason for this arbitrary action of the board; nor ia j there any statement to show what : votes were counted and what re- ' jected. As well might the officers canvassing the returns of the election for presidential electors iu Ohio or Massachusetts declare the Tilden electors iu those stales elected in the face of the fact that the returns showed a majority for the Hayes electors. elec-tors. The murders and outrages which have been brought to our notice were frequently committed by persons of tue same race upon each other, and in a large majority of cases have no politic! significance. The assumption assump-tion of the republicans that ail the colored people in the stato are necessarily neces-sarily republicans ia by no means true. It is certain that thousands of colored people voted squarely and actively supported the democratic ticket. With the law and Buch facts before us as have been disclosed by the action of the returning board, we do not hesitate to declare that its proceed! pro-ceed! nee as witnessed by us were par tial and unfair, and that the result it has announced is arbitrary, illegal, and ENTITLED TO NO BESTECT whatever. Fifteen years ago, when Fort Sumter was fired upon by men who sought a disruption of the L'nioo, a million patriots, without regard to party affiliations, sprang lo its de feuae. Will the same patriotic citi-atns citi-atns now sit by idly and see repre-acntative repre-acntative government overthrown by ueurjaiion and fraud ? Sball the will of 40.u00.000 of people constitutionally expressed, be thwarted by the corrupt, arbitrary "Ltd illegal action of an ill-2;iy constituted returning board in Louisiana, wbce wrorjgful action heroUfire, in ail rwpecta similar to prf-if-ut action, has been condenttoed by all parties. It is an admitted fact trial Mr. Tiiden received a majority of A QUARTER OP A MILLION of the votes at the recent election. This majority is ready and willing to submit to ihe minority when constitutionally consti-tutionally entitled to demand such submission; but is unwilling that, by an arbitrary and and falst dtciaratiou ol volca in Louis:ar.a, the minority ahall usurp power. These are dark daya for the American people, when such queslioua are forced upon their consideration. If it were true, as some insist, that neither the white nor the colortd voters have in all instances been aflorded an opporlun- j ity to give free expression lo their j wishes at the ballet box, shall we, by sustaining a fraudulent and illegal declaration of the voles cast, Blille the voices ol millions of voters who have freely expressed their choice and thus seek lo correct a great wrong by commilling another immeasurably greater wrong? Can we sanction auch action of the Louisiana return-iDg return-iDg board and thereby form a precedent, prece-dent, under the authority of which a party once in power may forever pe: peluate its rule and 60 END CONSTITUTIONAL LIBERTY ? Shall such be the fate of this country the beginning of the second century of its existence? are the momentous questions now preseuted for the determination deter-mination of the American people. (Sigued) John M. Palmes, Lyman Trumbull, William Biglek, Geobge B. Smith, Geokoe W. Julian, P. H. Watson. |