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Louisiana

Louisiana image
Parent Issue
Day
24
Month
November
Year
1876
Copyright
Public Domain
OCR Text

The following addross haa been issued at New Orleans : New Obleans, Nov. 14. To the Hon. Stanley MatthewB, James Garfleld, John A. Logan, Wm. D. Kfllloy, John A. Kasson, J. Irwin Ditty, John H. Shoenberifer, Wm. M. Evart, E. W. Stoughton, John A. Dijt, and others : Tho undorsigned arrived hcre yestorday. They came in anBwer to a telogram from Hon. A.brabatn 8. Hewitt, Chairman of the National Democratio Committoc, datod at New York, Nov. 10, 187G, as follows, viz; "The citizoim of New Orloans urgently requost that & dnlega ■ tion of prominent gentlemen come there at once to counsel peaco and fair and koneat rotuniM. You are earneatly reqneeted to be ono of ten or ñftoen gentlemen, all widely known, to moot at tho Louiaville Galt Houac, on Saturday evening, nroceeding directly nouth, or. if moreconveniéut, moeting at the Charles Hotel, New Orleant), on Monday morning. Your prompt acceptance by telegraph ia requeeted. This eniergeney appeals to your patnotiem. The nnderaigned are iuformod yon have come hero at tho reqneet of the President of the Unitod States to boo that the Baard of Canvasaere make a fair oount of tho volo actually cast. Whilo in tho late canvaaa you gave yonr support to Hayes and Wheeler as candidatea for Proeident and Vice Proöident, and the undorsigned gave thoir fiupport to Tilden ad Hendrioks for theee oflices. they foei assured that all good citizena of all partios regard an honeetcountaudtrue returns of tho Vote actnally cast of greater moment than the success of any candidate for office, and are ready to do all that honorable men should do to eeoure guch return of the voto cast at the late election in the State of Louiaiana, which assumes more than ever beforo a national importance, and upon which in this crisis may depend the Very existence of conatitutiohal government. The nnderslgiied, thei ef ore, in view of tho unhappy controverses which have heretofore arisen from the action of the Beturning Board of the State, where its action could not in any event chango the rcsult of a Preaidontiat election, and in view of the deeire of all good mon that effect should be given to the will of the majority as lawfully oxpreaaed, respectfnlly aak you, or Buch of you ns are present, to meet and confer with them pereonally or through committees, as may be deemed most wiso, in order that snch inflnence aa we posseas may be excrtcd in behalf of snch a canvass of the votes aotually cast as by ite fairneBS and impartiality shall command the respect ana acquiescence of the American pebplc of all partics. Yonrs reapectfully, John II . Palmer, Lyman Trumbnli, WÜliam ii Morrison, Illinois; Samuel J. liandall, A.J. Curtiu, Wm. Biglcr, Penusylvania ; 3. K. McDonald, Indiana; J. K. Doolittle, Geo. B. Smith, Wiiconsin Geo. W. Julián, M. D. Manson, Jobn Love Imliaua Henry ÜVattcrson, J. W. Stevenson, H. D. McHenrj Kontucky ; Gewald Ottendorfcr, New Vork ; J. B Stallo, Ouio : Lowis V. Bogy, James O. Broadheat C. GibBon, Missouri; John Lee Carroll, Wm I Hamilton, Maryland ; W. 8. Suniner, Connccticut THE KEWjV, The followiog is thereplyof the Rnpnbli cans to the communication from the Democrats inviting a conference : New Oelkaks, Nov. 10, 1876. To Hon. John M. Palmer, Lewis V. Bogy Lyman Trumbnll, James O. Broadhead, w, n. Morriuon, and othere, present at the request of the Chairman of thG National Democratie Committee : GeHtlemen: The majority of the undersigned, to whoin your note of the 14th inst. waa addrtvMcd, only arrivcd in this city yeaterday evening. We have, therofore, been unable to reply until this morning, atd can only regrat that vour communication ahould have been given to the preas immediately upou lts delivery, and without tho posnibiïity of nn answer accompanying. You remark that we came at the requeat of the President to see that the Board of Canvassers make a fair count of the votos actually oaat, and aak that we meet and confer in order " that anch an influonce as we posaena may be exerted on bebolf of 8uCh canvaaa of the votes actually cast as by ita fairness and impartiality shall command the respect and acquieaconco of the American people of all parties." W join heartily with you in counsels o; peace and in the expreeaion of an earnest desire fo a perfectly honest and just declaration of tb resulta of the recent election in Louisiana b its lawfnlly conatitutod authoritiea, and w' may add that we know of no reaaon to doub that such a declaration will be mado ; but w do not soe tho propriety or utility of a con forence on the basis and subject to the liniitationa you propoae, for we have no aucli dut imposed on us, and, as euggested by th' clauso of your note first quoted, we ar at moat requested to be witneases o; wbat ahall occur in the canvaa o the votes, without power or legal influenc over the reeult, or evor the means by which under the laws of Louisiana, the result ia b detormined. We cannot doubt that you, upo reflection, will concur with us. We are here as private citizens, with no official powets. We therefore, cannot supereeie or modify any law of this State, nor have wo any right to cöntro or inflnence any of its officers as to the manne in which they shall perform the ministerial o judicial duties imposed upon the by its law and should we. being strangers and withontofficial funotiona, attempt tuis, we should bfi condemned by the people of every State in the Uaion for an improper interference with local admiuistration. The following extract from the laws of Louisiana showa the Canvaeaing Board ia exprepsly required in certain cásea to exerciae judicial as wel] aa ministerial functiona : Sec. 3. (That in such canvas and compilation the returning officers shall observo the following order : Tney shall compile, flrst, the statements from all polls or voting-place at which the re sball have been a fair, free and rcasonable registration and election. Wheuever from any poll or votingplace thcre shall be received the tatement of am Supervisor of Kegistratlon or Commissioner ol Election, io form as required by Sec. 26 of this act an affidavit of three or more citizens of any riot tumult, acts of violence, intimidation, armod dislurbancc, bribery, or corrupt influences which prevented or tended to prevent a fair, free and pcaceable vote of all qnalifled electora entitled to vote al such poll or votiDg-place, such returning offtcerB shall not canvass tho count or compile tho statements from such poll or votingplace unül tho statements from all the other polls or voting-places shall bave been canvassed and compiled. Tho returning offleers shall then procced to investígate tile statements of riot, tumult acts of violence, Intimidation, armed distnrbances' bribery, or corrupt infiucnee at any such poll or voting-placc.and if, from thecvidenceof suchstatcment, they sball bo convinced that such riot, tumult, acts of violence, Intimidation, armed dintnrbances bribery, or corrupt infiuenee did not materially interfere with the purlty and freedom of the election at such poll or voting-plafle, or did not prevent a auffleient uumber of qualiflcd voters thereat from registering or voting to materially change the result of the olection, tben,' and not otherwiae Kaid returning oiBcers shall canvass and compile the vote of such poll or voting-place with thosc previously canvassed or compiled ; but, if the sald returning ofücers shall not be fnlly atisfied thorcof, it shall be thcir duty to examine further testlmony in regard thereto, and to tuis end they shall havo powei to send for persons and papers ; if, after Buch examication, the said returning oflicers shall bo convinced that said riot, tumult, acts of violence, intimidatioo, armed cïiBturbaneo, bribery, or corrupt influences did materially interfere with the purity and freedom of the eieotion at such poll or voting-place, or did prevent a suflicient number of tho qnalifled electora thereat from registering and voting to materially change the result of the election, then the said relurnlDg oflicers shall not canvass or compile tho statement of the votes of euch poll or voting-place, bnt sliall excludc it from those returns ; provided, that any iierson lntercBtcd in Bald election by reanon of beiDg a candidate for plaoe shall bo allowed a hearing beforo snch returning offleers upon making applicatlon within the time allowed for the forwarding of returns of said election. Heneo, if thcre are anv facta recinirir? t.ho judgment of the board upon the validity of any olection or returning au affooted by Biich fraudB or violence, it wonld be a manifest interft-rence with State rights and local selfgovornment for persona libe ourselvos, without oflicial right, to attompt to DfltieDce or contost ite judicial election. Had a corresponding board in the State of New York in 18C8 been autliorized to pas upon the fraudplent returns of vote of the city of New York in that year, and a delegation of citizena of Louisiana, howeyer respectable, atteinpted to influence its judicial acüon upon the facta prosented to it under tbo l&wa of that State, such attompt would have been uuiveroally condemned. If the dutinn of the Canvaasing Board of Louisiana were merely ministerial or clerical, na iu tlio case of any oflicer charged by law wich tho duty of verifying and ileclaring the reault of any eleclion, aud investigatiDg, no diBcretion, as when the President of the Senate counts and declare the votes of olectors of the Beveral State iu the election of President and Vice President under the cormtitutiou of tho United States, a diflorent caso would be pronented. It is, in our judgment, vital to the proervtion of coustitntional liberty that the habit of obedience to the forms of law ehould be sedulounly inculcated and cultivated, and that the resrt to extra-coiiHtitutioual modes of redress for even actual grievances ehould be avoidcd and condemned as revolutiouarv, disorgauizing, aud tending to disorder and anarchy. To reduce tho whole queation, tberefore, to the tuero clerical duty of counting the votoi actually cast, as proposod by you, in distinction from votes legftlly cast and' returned, irrespective of the question whether thoy are fraudulently or vio'entlv cast, or otherwiso vitiatcd, involvf s a nul.itication of the provisión of the Uw of Loitisiana whioh have alroady beeu adjudicted a alid by tbo Supreme (urt, aud would bowhollyunjustifiable hora as well a in auy otber State of tho Union wliich has provided laws to protect the ri'litü of voter and tho purlty of tho ballot. Wo cannot, thoreforc, conour in your proposition for a conferenco on that basis. Very respectfully, John fherman, Stanley Matthows, J. A. Oarflcld, Ohlo; Win. D. Kolley, Pcnnsylvania; Jobs A. KaBson, Iowa ; E. W. Stoiightou, Now 'Drl: ; C. Irvin Dltty, Moiylutd; J, EL Vas Allen, Nw fort: i:ii"ir Hule, MaiQn ; M. s. Quay, Praoeylvsolt ; Will ;unibackf Jii.uina; lift 1'. Royes, Job B. i:tev'niou, Ohio; .(olin (Joburn, I.ow Wallnce, ian Í. M. TuUlo, W. A. AloOirew, . W. ChatQan, W. R. Smitb, Iowa ; Abner Taylor, B. 11. ven, ,T. M. Beardeley, O. B. Farwall, IUinole; idney Clark, J. C. Uilson, Kansas. A REJOÍNDER, The following was insued by the yisiting )cmocratn 'rom ün Nortli ■ New Okleans, Nov. 1?. 'o xhe Honf. Jobn Sherinan, Stanley Matthowfl, .T. A. G irflcld, W. D. Kellnr, John TA. Kasson. E. W. Stoughtou, c. Irvine Dltty, J. EI. Van Allen, Bogen! Hale, M. S. Quny, Will 8. Cumback, E. B. Noyep, Jtib K. Stevenson, John Coburu. Low Wallaoo, John Tiittle. M. . McGrew, J. A.Cbai man, Wm. R. Smith, Abncr Taylor, S. R. Haven, J. M. BearclHley, 0. B. Farwoll, Courtlandt Parker, Sidney Clark, J. C. Wilson : Gentlemkn : We aro in reoeipt of your anewer to our letter of tho 14th inst., in whlch 'OU infortn ua of your dotermination not to confer with na for tho purposo of exérting such infiucnce as we may possees in mlialf of auch a canvuns of the votes actually cast at the election in LonkiRna as bv ts fairoDPB and impartialitj' shali commánu he acqi]ie8cence and respect of all parties. We sincorely regret this failuro of our atterapt to secore the operation of the citizens f rom otlitr States in the furtherance of the parpóse whioh, as we suppoaod, had brought thom hither at this j'uncturo. We regret it all tho more bocauso your refusal to confor and cooporato with us appeare to te based upon a eoriotis mLapprehension of the Unguage no osb than the Hirit of our communication. Itcan nardly have erscnped your notice tbat oUr Btaloment of the result to bo attained by the oooperative action wbich wo sougbt to brlng about, was a simplo reproduction of the language of President Grant- at whose request we undcrstand you are hore - in hiB recetit order to Gen. Sherm&n. That language was dpliberately usied, nö doubt, in view of the fact about which, as we conceive, there can be dö dispute, that tho firBt and most essehtial prerequisito to an honen t and j ast deolaration of the resnlt of the recent eleotion in Louisiana is a fair and impartial oanvass of the votee actually cast, and it soeme to us that you do the Prosidont injustioo in suppoeing that in speaking of the votes actually caat he meant votes illegally cast, as you corteinly do ns iujustiee by tho impntatiön of a deöire to insiBt upon Büch a narrow and vicions interprotaüon. In our judgment the expreBsion " rotes aütuaüy casi" of a nocosüity dosignateu votes legally caat, and, as a coiiBtquence, of auch votes only did we desiro to secure a fair aud impartial canvaeB. We beg leave to say, therefore, that you are mistaken in the belief that wo aought unduly to narrow the baBÍB on which wo invitod your eo-operativo action, and you are no leas in error in attributing to us a purpoBO to interfero with the legal authoritiee of the State in the discharge of thelrdutios, to claim rightn aud to hrrogate to ourselvea powers which we do not posaess. In writing our letter we were fully awarn that both the organiZation and actfon, whethor judicial or ministerial, of tho Beturning Board of Louisittna, wero beyoud any authoritativo control from without, and that it wonld be tho height of arrogance and folly to attempt to alter the laws of a State of which we are not citizens, or to obtrude our iuterpretation of these laws upon those whose duty it is to adminiater them but we had suppoeed, nevertholoss, that there was an influence that might be rightfully exerted, even by citizens of this republic who are Blrangeia !n this State, and we had taken it for gfanted that youf presence hero, in response to the suggestion of the President, waaarecognition of thia fact. We had suppoaed tkat it was not noproper for us to remind the authorities of tbl-i State, by oar mero presence at least, that there are cortain roles of fairness and justice which underlie all constitutions and laws, and upon whoee observance mrot depend tlie acquiescence of the peoplo of all partios in the declared result of the Louisiana election. Rules such as these : That no one can judge in bis own case i that the decisión in auy öohtest ongk üot to depend upon tho mere arbitrament ol one of the partios thereto that before such a decisión ia made both parties ought to be fully and fairlv heard j that all questionB of law Oüght to be decided in conformity with its eatablished general principies, aod all questions of fact upon evidence duly piesented and weighed, are mies of universal recognition in all the States of the TTnion. The trial of causes Involvihg public interest at least ought to be public, and all the proceedings resorted to for -the purposo of determining the issues in the present eleotoral contest ought by their manifest impartiality to disarm the auspicion that the forma of law have been perverted into instrumente for the violation of its spirit, [n this connection we may be permitted to observe that while undoubtedly, as vou say, a sedulous inculcation and cultivaüèn of the habite of obedience to the forma of law is vita] to the preservation of constitutlonal liberty, il is no lesa important that a rofusal toyield such obedience bo not provoked by using theBe forma as tbo means of subverting the very ends for which they were designed. Without undertaking to question tho sincerity of the belief which you are at pains to exprese thai you know of no reason to doubt that the LouisiaDa Returning Board will make a perfeotly honost and juat declarationof the resulte of tho recent election in Louisiana, we deern it not improper to remind you that tho preaence in this oity of bo many citizens from all parte of the Union at this moment secms to be evidence of a widely prevalont distrust of the action of this board, and tbat Buch distrust bas this foundation at least, that the coiistitution of the board bas not been changod bince ito returns were set aaide by a Congrosaional committee of which tho Republican candidato for the Vice Presidency was a member, and this distrust is not unhatural in viow of the fact thae. as we undiiretand one of the members of the Returning Board is a candidato voted for at tho recent election, anothcr the holder of an office ol profit and trust by the appointraent of the present Executive of the national Government, while all the membere of the board are believec to be in affiliation with but ono of the parties to the present political contest. In view of al this it is hardly necea-ary to add that the terms of our letter were not deeigned to prejudge the queation whether the functions cf the Returning Board were judicial or miuistorial, or both, but aituply to invite you to see with us that, whatever may bo the character of these f unctions, they are ooenly, fairly and honestly discharged, and, while we thua refrained from any attempt at atating or construing the laws of Louisiana, we deemed it equally irrelevant to the subject of our correspondenoe with you to allude to the dutiea devolving upon ofticors otlier than the constituents of the Louisiana Roturning Board under the laws and conatitution of the United States. Whether, aa you observe by way of ilustratioo, under the constitutioii the President of the Senate both counta and declares the votos of the electors of the several States, his duties being pure!; ministerial, and not subject to tlie control of CongreBS, or whether, as has been the practico for more than eighty years, a practico inaugurated by men some of whom had been among the f ramera of the oonatitution, the votes are to be counted under the direction and control of tho Sonate aud House of Representativos, is a question upon the dicusaion of wbich we deern it no part of our duty to enter. In conclusión, permit ua to say that, notwithstanding your rofuBal to co-operate, we still cherish the hope that the Returning Board, warned by the history of the paat, and conBCious that its actiona are being obsorved by the whole world, will discharge its delicate duty with snch c;rcumspection, fairness and impartiality aa will give satisfaclion to the American peoplo. To this end we will continuo to labor. Should a different reault follow tho nction of the board, we shall havo the satiafactiou ol kuowing that while you have taken the responnibility of declining to act with us, wo have done all in our power to avert tho coneqiienc3 which may follow. Very respectfully, Lyman Trumlmll, John M. Palmer, Wm. E. Morrison, Illinois: Samuel J. Randall, A. O. Curtin, Wm. Hixl. r, Pennnylvania; J. H. Duollttle, Geo. li. Smttll, WlBcoimin ; J. E. McDonald, Geo. W. Julián, tf. D. M:uiMiu, .!, lm I.OVO, I il 1 i;n L ; Hcnry Watron, J. VI. Atovonson, B. D. Mclloury, Kenuckj; Oswald Ottondorfer, New York ; J. B. Stallo Obio; Lewia V. Bogy, Jamos O. Broadbtad, C Glbson, Minsouri ; John Leo Carroll, Wm. T. Haiuilton, Muyland ; W. G. Humner, Connecticut; P. H. Wateon, Ohio ; f. K. Caiidert, New York. TDK KINAL LETTEK. The Northern Republicana in Louisiana made tho follonritg rúply to tbe Democratie note of the 17th : New Obleanb. Nov. 18. To the I ion-j. J. M. Palmer, Lyman ïrumbull, W. Iï. Morrisou, Hamnel J. liandall, . G. Ourtin, William Bigler, J. H. Doolittlo, Georgo B. Smith; J. E. McDonald, Oeorgo W. Julián, M. D. ManBon, John Love, Uenry WatterBon, J. W. StevenBon, Henry D. JIoHenry, ÜBwald Ottendorfer, J. B. Stallo, L. V. Bogy, James O. Broadbead, C. Gibsoa, Johu Lee Carrol!, w. F. Hamilto, W. G. Suiuner, P. H. Watson, F.B. Coiidert. Gentlemen : We are gratified to learn that we have misapprellended the language and npirit of your commuuication of Nov. 14, and nat we were in error :ji attributing to you a iiirpoHfl to interfere with the legally couatitue 1 aatuorities in thia fjtate in the disoharge of bcir duticB. Perhapa tbis misappreheuBion was tbo natural rosult of the language em)loycd. Youl requoHt was to ' ' m 3et and coner with you, eithtr personally or through oommittees, in order tliat BDOb iulluonce as we possess may be exertcd in behalf of such canvass of tho votos actually cast as by ite fairnes and impartialiiyshoJl command the respect and acquieacf nee o( the American people." Thia, aa we understand it, w.a a requeat to cooperate with yon the purpoBO of inilueucing tiio action of the Beturning Board in tho discharge of its dutios. Tho President had requpated us to attend hero to witnoBH, uot to Innaenoe. such canvaus, and knows tbat ench requoHt by hiui va ntit inionded to limit to wi'iH-iirt'ng ttio countof the votei aotuallyca t. but tbe entire )roceedings of tho board in reaching a result as to the votes legally cast to be counted. We are gratifiod to learn that you concur with the l'roBiclent and with us in this underHtanding. You also state yon are "fully aware that both tho organization and action, either judicial or ministerial, of the Retnrning Board of Lsuisiana wa beyond auy authoritative control from without, and that it would bo the height of ariogauce and folly to attempt to alttr the lawH of a Btatoof which wo are net citizona, or to obtrudo our interprötation of I the Ihwb upon tho o whoiio duty is to ter them," We may, therefore, as we think, asatime that you will agroe With ua that it would be arrogancc edu&lly to attempt by our ooncerted action to intluonce the proceedinga or reault of the courts of justioe or of boards acting jndicially, and henee we are gratifled r.t being able, from the language and ten:r of yoiir lotu-i to aaauine that you did not winli to oonfer witú us for tbe purpose of influencing the action of tbe Returning Board, bnt otily to secure euch co-operatiou on our part as would euable uu jointly witb youraelvea to witnoaH the proceedings throughout. A conference for such a pnrpose would novr Boem to be UDneeeseary, ae we loarn from a communication unt receivod from the board, whicli appearH to uu to accomplish wuat by your ex planatory note you deeire to attain by the proposed conference. Wo will add that it ia very apparent that if your wisli in to eee a fair and honeat exprenaion of the electoral vote of Louiaiana, there is no difference between ouraelvea and you except as to our conduct In refeience to that reeult. You havo propoaod a confèrecCe and actife ausociated inuuence. This we regard ag beyoim our duty or ou; privilege as individuals. We ahal) be happy at all timea to confer with you, and as individúala to co-operate in whatever shall be nght, but concerted action for tbe purpoae of influencing an ofiicial board we hold to be beyond onr privilege, and we ahall hope that all may come to pass whioh good eitizeua can wish without tho uae of any anch meaiis. We remain. gentlemen, very reapectfully, John Sh' rnia-], Htaulr-y Mattnown, J. A. Oarfleld, Ohio; K. W. Btotlghton, J. Vn Allen. New York ; w. D. Kclli-y, Pounpylvauls ; Job E. StevenBon, Dhlo ; Kugene Hale, M!ne ; J, M. Tuttle, J. W. ( :ha)man, Williau R. Smith. W. A. McQrew, Iowa ; Hidney Ölark, 3. C. Wilnou, Kancaa ; C. B. ï'arwell, Abncr Táylor, 3. Al. Besrdaleyi 8. B. Haven, Illtnois; John C'nbiirn, "Vin Cnmback, Indiana; J. Irving Ültty, Jtaryland.

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Old News
Michigan Argus