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■ q # 4 The lan-H of Louisiana próvido íor a reRiaIration of voters, to conimeiice the last Monilay of August previoun to the general eleotion ; and prohibit aiiy ono from voting who i not regifltcred. The regiatration ia made by oli'u'ors kiiuwn as Supervisors of Ilegistration, ouo of whom ia appointed by the Govcraor f-Ji each parih il: the State, of whicb tbere ere tifty-eüven, a pirish correcpinding to a county in llliaoie. In uddition to making a rogistration of voterí, it is the duty of tlie Superviaor of ReKÍatration to iix the uumber ana placo of votiug in bis parieh, and appoint threo OomïiÜBiiionors of Electioa at each Toting-placö, whoao dutioa are eimüar to thoso of JuJges of Election in this State. It is his further dnly, iu caae thsre uas bef n intimidation or othcr acts of violonce in hia pariah during the period I of registration tending to prevent a fair and peaceablc electiou, " to male iil duplícate anti ander na;li & clear an'l full Bt tooien t of all tbe faots relatiug thereto,"' " wbioh Htatement sliall be corroborated under oath by tbroo reapectable citizons, qnaliSed electora of the pariah." Oue of these statements the Supervisor is reqnired to file rifri tlio Clork of the District Oourt of his parisli, and tlie other he is reqiüred to attach to the con&olidated return of 'the voUs in bis paridh,which, toether with the raturns of the Commissioners, the law requires him to forward by mail to tho Statclietnruiug Board withintwenty-four honre af ter be receivca auch return9 froni tho Commissioners of Election at the different pallingplaces in his parieh. The Commissiouers of E'.ection at each vo'ing-plaee are requirod, within twenty four honre after the closing of the polla, to count the votea and mako out iu duplícate lista of the persons voted for, the uumber of votea for oach, etc., whioh lists are required to bo sworn to by the Commiasione-rs of Election and to be delivorod, one ta the Supervisor of Rpgistration of the parish, and the other to the Clork of the District Court of tho parish. Iu case of intimida tion or other acU of violonce occurring on the day of election, a simil ir atatement is to be made in duplícate aa that roqnired of the Supervisor of the intimidation, oto., duiing regutiatiou. One of the duplícate statements is to be aeut by the Commiaaioners with their liats of votes to the Lnporvisor of Kegistratiou of the purish, and .he other to the Clerk of the District Court. Tue State Keturning Board is required by the law to conaiat of five pereons, to be elected from different pohtical parties, to holi their offices without Jimit, with power to fitl varancies. lts powera are similar to the State canvasaing boarda in most of the States, titnply to cómalo the returus of tho votea cast, except íq casen where atatcoionUi of iutiaiidation, etc., accompany tho papera sent up by the Supervisors of Rsgistration a re quired by the atatute, when they are vostcd with, authoiity to iuveatigate the statement, and i f thoy fiud thom trae, to txolude the eturn from the poll or vonngplxce where the intimidation recurred. Sush ia subütantially the law for conducting elections iu Lo.iisUua, except sa far as relates to l'i'iskleutial eleo'cra, to which I shall hereafter have occasion to refer. Let uh inqu're how thia election law ia adreinistored. ïou wül bear in mimi that KoL'ogg, wlio waa frandulently epunted in ns Governor in 1872, is still tho actiug Goveruor of the State, and that the whcle njfchinory of the State GovernraentU iu his hantía and hia couepiratorb'. Tue present Returning Board oonuiots of Wells, Anderson, Casauave and Kenner, the same persona who ooustitutedthe Keturning Board iu 1874. Wells ia Surf eyor of the l'ort of Now Orleans by appointmeutof President Grant. Auderson was a otudidato for oiïica at the reC3nt elecuon. Cesanave and Kenner are olorod men, oue an uudortaker and theo:her a keeper iu New Oileaus. Thoy are all Kepublicaus, and violent partitans. Thoy refused to fill the vacaaüy in the board, which hud existed for more than two yoars, though repaatedly aeked to d') o. Evciy Supervisor o li -gistration in ihe State waa ar-p jiuted by Kellogg, and every ono was of courae a IUpablicau pirtiaan. Mauy of them were non-reaidentaof the pariah for wbich they were appointed, wholiyunscquainted witu the inbaoitauts they were to register. Straie who appointed Supervisna of lïegistration of remóte parishea Reie eaiployoa iu the Cusí om House at New Orleans. Otürs were nonreeideute of ths State. Others were under inrUctmant fr crime, aud many ofthtmmost disrejmtaUe chtracttrs. 2hes9 were tue peraans to whom waa in' ruste! the oonduct of the election in LouUiana. No man could vote unlesa registtred by tbem. To them was coutided the Sxlng of tho votiug place, and tho appointment of the CommiaJoners or Judgea or Iiiection throughouc t!ie State. la it any wonder tliat an election oondnoted by auoh persona should have presen ted mauy o bstaclbs to & fair vote by their pohtical adversarios ? And aucii we fouud to be the oase. In aome Democratie parishes it was with the greatest diniculty that the people were able to procure a regiatration of the vo era, in othera the voting plaoes were fixed without previous notice aud at inconvenieut pomts. The Supervisor of Registration of oue parish fuiled to forward the returns of his parish to tno State Bjard at all, aud in many csaea Supervisors of Rogietration left out the' liet of votts rcturncd by the Commiesioncra of Election atDemocratic polla in their paiiíhes, and fonvarded the returns from enly part of the polling places in the pariüli ; and the State Board in auch oases refiiBcd to reocive osrtified copies or the original duplícate liste flled in the oflioe of the District Clerk, and thus by their owu neglect of duty aought to deprive their pohtical advorsariea of the binetit of thfcir vetes. Notwithetauding ail theae obstaclep, and the fact thut the eutire macüinery i of the ole-jtion was in t ho hands of R?pnbücan offio'.als, backed up by hundri ds of Deputy Marabala aoattered Ihrough tho State umler pay of the United Btatoa at H a day, the fnce of tho returns actually mado to and opened by the Iisturniug Board in the preaence of the j vititora from otber Statoa diacloaed the fact i 'bat the Tildón electora had an average majority or over 6,000 votes. With these facts btfore thom, the Roturning Board had the effrontcry to publisb, Occ. 6 what theycaliod a truaand correct oomilation of tbe sttome:it of votee cast for l'risidoutial elector.--, in wbich they gave to the Hayos electora tn average' mujjrity of 8,940 votos. How the returniug cfiieera ai-nvod at this result they did not stato. They did not give a liat of the polüngplacea or parisboa iu the Stato from which the votes wore received or rejected, tut simply prej claimu.l the aggregate voto in the State for each class of eleeiors without esplanatiou of anykiud, or any etattmeiu to ahow the uumber of votes cemutedor rejected from a singlo pariah in the State. If nny sui;1 statement ixsta, it has been made public ainco we loit New Orleans. The actual average majority for the Tüdeu elector, asshown by coriifledcopiea of tho duplícate returns filsd by the OommisI sionu's of Electiou at all tho votiug placas in the State, was 7,925. Never haviug seen a list of tbe places or parishes from which the returua were rejeotetl, 1 eau only conjecture which they were. That there was no j lat cause or legal nuthority for rejecting more than 10,000 Demooratic ; votes, aud changing Tildon's majority of more tlian 6,000 iuto a ilayes majority of nearly 4,008, I do kuow. This bringa me to a couaideration of THE LOülSIANA ELECTION IAW, under which tue lletnniing Board acted. It is tho law appr7ed by Gov. Warmoth in 1872, with ome eiight amendments not material to ba oocaUercd. In my judgmeDt this f tai uto, whioh in tho second section create? a ReíumiDg Board for all eioctione in tho Stato, ajd in the laat section expreesiy repeals all other acts on tho subject of elcctions, has no referencu to the apecial or particular síatute of 1870, providiug for the appointiront of Preeidontial electora. My reasons for this are two-fold : Fii t . It ia a rule of . the constitution thsta general statute on a givVn subject dr es not by implication ropeal a particular statute-on the snme Hsibject, and tliat thoreforo the creatioa of a Retnrning Boord for 11 electioLB doos not by implifstion ropeal tho special provisión for the canvsss of tho vote for Preeidential electora wbich ia to bo fuund in a particular statute for the appointment óf Presictential electors, and notbing elao. Secoiul. lf Uie words in the eecond eectlon repeal by ioiplication tho clauae iu the particular atatute providiug for tlie appointment of Pre-sidential electora, then tho words of the lwt ection exprerslv rapoal all the provisions of tho atatute providing for the appointraont of Presidcntial eiectora, and thero wou!d be j no lsw in Louisiana on that subject. It ia clear to my mind, therefore, that the i ReturniDg Jïoard ui Ijoir'siaija had no I tion to canvaHS the vote for Pretiidential electoirtatall; for i f tbo aoi of 1870 is repealed, there could be uo election of elec'.ors, and if not ropealed, then the eau aas of tho votee : cast for ole ctors muèt be made by lbo Oovernor , and othera, as proyided by the act of 1870, aud not by the Retnrniug Board, lf, however, I j am mitkca in thia, and tho Ksturniug Board ; Las authority to canvesa the rtturns for ; dtiitial electors, it is cortain it eau only do eo in tho manner providod by 'ho atatute. That manuer ia tL to cauvsas and compi'e the statemocts of votsa maie by the Comtcissioners of ElsotioD, uolesa they are aceomanjed by a sworn Ëtatoment of tlie Commifsiorjers of Elect :ou or Sup.rvisor of Pcgistration ahowing acts of violónos or intimidation as I have alreadv tatei. Conti ficates froni all tbe CJerks oflieo in tlic State wbere one of the duplicitce of ach statemeuts, if miy were made, were required by law to be flled, foiled to Hhow that a statement of ictimidation or otlur act of violonco at a single vot ng plaoa or par lab had been made out and filed in the m-tnner and witliin tlm timo leinired by law. Heucs, all tlie llo'urniog Board cculd lawfully do was to compile a statement, of the votes aq receivod, acoording to wliicb, as alroady etated, the Tilden electora had a majority of ovor C,000 in the State. Whon tho returns wore opened by the Keturning Board atatemente of intimidation, oto., made by SuperviBors of Iieglatratiou and Cimmissioncru of Eleotion were fouud 'among them in ome few inntauces, but tiot in aumcient numberu to affect the general result in the State, )f tho votee cast at overy voting place had been rejected when hucU statements bad bet-n eurreptitionBly iuterpolated. Kellogg, Vackard, and other out ide partiea filèd objectione to cunting the votes from uearly every Demccratio parish in the S;ate, but of eburno u'.ic'a objectiona did not ooma witbin the statute, aud gave tho Board no juriüdiction to reject votes. Supervisors of Bagiatration in Uepublicau parishes gentrally usado their returns at the time, and by nmil. as the law required. but Supervisors in Democratie parishes, iustead of conforming to the law in thoae respecta, in many iustnncos brought the returns to New Orleans, nd there, in a private loam of the Custotn House, secrctly made statements and procarod ex parte aíudavití charging iutimidation and iolence in remote pamhea and placed tuem with thoir returns, which were not hanued in to the Ueturmng Board in aome inatauoos till a few hoiira before it clodcd tbo canvass, thu affording tho opposite party no opportunity to examine and contradict the charges. Nothicg could bo more tinfair tlian the manncr in which the Returning Board coüductod ita procesdinga. Though frequontly applied to 3y the Domocratic candidatos to open :he returns from the contostod pariahes, that thoy might have an opportunity of seeing the statements and affidavits which had been intorpolated amoug tl m aftr they loft the parisheB and prepare to meet Uiem, the board proceedel at the commenoemont of it3 sitting with grcat leisure, sitting on y two er tlirte honra a day, and in eome iiïatancf a not oponing moro tban threo returns in a day. It re-j f used t. tako atiy eftieiont action to compel Supervisors to hand in tlieir retnrns, known at the time to be in New Orloans ; it refuaed to aend for tho duplícate returns of CommifiHionerH of Election on file in the offices of the District Court?, or to recoive oertiüe J c ipies of the same in cases where the yupervi-or cf Registration had failed to forward the Oommis- i nera' returns as Lis duly required ; it oüanged ita rules from time to time in regard to ttie taking of teatimony wnereby tho Democratie candidatos were misled and had much labor for nanght, ; by unnecesrary delayri during the earlier period cf ita proceedinga it postponed action upon the returns from parisina among vhich tho HopublicanB had interpolated statements and exparte aftidavits till títere was no opportunity to meettliem; itcxcluded from the room when the returns were ODeued, except in a few inBtanoe of raturns known in adrare:) tobe coutested, the Cándidates and all oïherd tave their own ofticore - all Republicana - and the visitón from otlur States, who were permitted to seo tho seáis breken and the papéis spread open for inspection, immediately after whish they were sent to a private roem, to which 1:0 Democrat was aimitted, for compüation or furthor considere - tion in secret ; il ref used to fill the v&cancy in lts own body oh the law required ; snd, fiaally, it chftnged the result of the elcotiou in the State by rejc cting 10,000 Democratie votes w.t!;out a why or a whertfore. It is said, bowover, that the action of this Retarning Board in Louiüiana is to be suetained bocause it was vested with authority to reject tbo returns from any poll when satisfied that the eleotiou at euch poll, by reaaoii of intimidation, violenca, or other censa mentioned in the statatcs, was not free and fair, and that it did reject returns for these reasons, whioh producod the rcBiiït it annonneed. I havd already shown that the board had no suca authority to reject returns un!e3 a proper foundation therefor wts laid as the law required, and tbat no such foundation was laid. But assuming, for argnmsnt' sako, that tho Returning Boud had authority of its own mere niotion to gu wandering over the State in search of evidencj to show that the election was not free and fair, then I sïy there was no euch evidenca bef ore it aa wculd warrant the result it announc!3. I cannot go into this evidence in detail, but, so far as I was able to seo and exmiioe it when in New Orleans, I state to you to night that it is my belief that muiy more colorad votera in Loumiaua wero deterred by violence and intimidation from voting tho Democratie than tho Rtpublican ticket. Most of the ovidence laid bef ure the Returuing Board, and wLioh has been eitensivcjly publisued in the Northern newspapors, cousieted of ?x parle añidavits made in uecretin the New Orkaos Custom House. It waa metly of a general charaoter chargirg intimidation and violence by organized partica of white, without peoifying the particular acte which preventert oolorèd Itepuulicau kom voting. ïou all know üow easy it U t j ob ain such afliiavits. They were freqneutly signed with a cross, and the poor, ignorant person wa of ton ignorant of what he had sworn to. Instancps of this are now being expoeed by tho Congreseional committeos, who are subjecting some of these afli lav.t-maki-r.-) to oral exsminations. One witntss testifies that the aftidarit to which lus naino was attached was written out in the CiiBtom House by a person who only pnt down part of what he stated, leaving out tho quaüfying circumstances, wnich would have 4hown that the cu r 'go to which he swoi e had no connection with politiss ; and he state that in swearing to the affidavit he only ware to his name. It must alao be borne in mind that th se ex parle aflidavits so extensively published were got up uuder the auspioes of the same partios aud in the same Cuatom Houae.whoro a thousand afli'iavits were forged and presented to the I.ynch board in 1872, as ehown by Mr. Carpouter's report. It is not to be den ied that in somn instances colored persons testified that they had been whipped and beaten, and other htd been killed beoame they were Republicans ; but tho instances are far more numerous where colored persons havo been Bcourged, whippod and shot becauso they were Demccraü. Colored peraons by the score have come forward ind sworn to tbo threats made againet them, and txliibited upon their own porsons the scars and wouuds they have recoived for no otber causo than because tlu y were Domocrals or had voted the Djmosratic tioket. In some parts of Lonisiaca it is as much as a colored man's life ia worth to vote the Demooratic ticket. Do you ask how this oan be ? I ill teil you. When the colored pcople were made free a dozan yoars ao th6y believed t::a'. they owed thoir freedom to the RopnWican party, and it waa but nataral that tht-v bbonld attaeh tlttiaaoivea to that paity which had given them liborty. liicimm mosüy cirpot-baggers from tlieNorth, forselfish purposea, took advantage of this feeling to band the olored pooplo together in poliuc-il organizations agaiust the whit3s amoug whoin they livod. By the a:d of the colored race thus bauded togttiier, a few adventureis from tbe North were able to control several Southern öt&tes fjr a number of yeaw, during whioh they plunderad tho peoplti botü white and black. Orodiully the more intelligent of the colored pjpulation bogan to fiud out that they were being used es the mere t joIs of Northtrn adventnrerd fcr their own s ;lfiBU aud wicked purposes ; that the promiscd meaaures for the bènoöt and advancomont of tlieir raco were not carried cu' ; that thoy were robbed of tho monoy they placed in the frecdmoii'd bank;-, and of that rised for tLe educjtion of t):oir ehildrou ; Iliat t'io State (íoveruraent fuiiod to afford them pi-otcciion or punitihcruno; that bueiuess was dpproised and t'ae whole oountry around thc-m goiug to ruin. Undcr theso circumsuincts the more intelligent of the coloreJ voters of Louiiiana, by thoueai.d, roteJ the Democratie ticket at the ltnt olection, and thousands more wonld havo vcted the eime wij bnt for fear of their colcred brothren, i'ie more ignorant of whom, f uil of fanatioiatn and goadtd on by demagognes wlia falsely reproeentpd to tht-m that they wouid Vo re-enslaved if the Demócrata attained power, bectmie furious againat any of thoir own race who joined that party. This fpoling entered tho churcliCH, the family cirelo and waa enpecialiy furious among thocolored women. CAored prendiera proclaimod from the pulpit that colortd men voting the Democratie ticket were traitors to thfcir race and enfrht to havo thoir throat cut ; they were tx; eUtd from tho oolorcd cliurchea ; colored womeu viited their wives and iiiüisted tlvoy should not livo wi h such mer, and fiuelly if they poraistef! in votI ing the Democratie t;cket they were in many instauces wbipied aud shot, and sometimes killod. I do not mean toftreert tbat thia sta;o of tliings was geneial throngbout tiie State, thongh it was hazardoua for eolored men unloss in largo bodiea to vote the Domocratic ticket any where. In most parts of tho Mate the election waa free and fair, and, wlion we firet ariived in Now Orlcanu, we were told by Republioacs that complaintsof '.nfairmm only extended to flve parithos ; b'.it, when it was auceiiained that rt-jectiug the votos from these parishfs wonld not offset tho tronoral rot uit, the complaints were extended to other parisbes. I have endoavored to give you as full and f ir a history c f the late electim: in Lcuisiana as time will permit. The result of my observationa and knowlerlge of tho ltw and the facte ii, that Tilden carried theölateof Louieiana as fairly aad by a largor proportional majority than Huyes carried eithcr l'tuneylvania, Oiiio, or Ilünois. Such being the facta, and the crtificaUñof election haviug been giveu to tb Hayes electora fraudulontJy, arbitrarily and without warrant of law, aud in pnrmianco, i f you ploaso, of a conspiracy formed at Washington just after the election, os part of whioh an otdfr was issued to the army, before auy of the ReturniDg Boards hf.d aeaembled, or body threaten d them, "to see that they are unmolesttd in the performance of their dnli'B," the quoütion may ba aked, W)it are you going to do about it 't The questien, for one, I propose to anewcr o-uight. 1 rccognize fuily the right of each ita'c to f.ppoint electora oí President and V ca L'ffisiaeut iu guoh raauner as the Legial&turo beroof shall direct- and that tho only inquiies to bs made after the eloctorel votes are ca t aro, Wure they cast iu the mumitr required by he oonstitutioD, and tydnly qaaltüed peraocp, who had been appointedin the manner direct d jy the LegUlalure of tbo 8ta(n ? Who is to make tliese inquiries ? ig a qiiontion now agiuüng tho country ; but it aoemx to mo it is scttled by the terms of the cjnatitation and the unfonu practica under it from tho bocinninK. The langnage of tho conatitution is : "The President of the Senate shall, in the ,)roaenco of the Senate and House of llepreioutativos, epen all tho certifloatee, and the votea f hall then be couuted." The framfrs of the conBtitntto were careful and precise in the use of language, and used no more word than were necessary to expresa their uieaning. 13y rítíiik duo cnnBideration to the wordg "all" aud ' thon" in the phraso qaoted nomo light may perhaps be throwu upon its meaning. It ia plainly the duty of the President of the Senate to open all the certiflcates from all the Htatcs beforo any of them are oounted by anybody. Ifc would have been very oasy for ïhO framcrj of the conetitatiOD to have eaid that the President of the Senate aball open the certificatos and connt the votes, if auch ba-3 bten thoir intention ; bnt by reqairing all the certificates laid before the Bent te and lio-.ise of Iiopreeoutativea beforo the coont begins, it would seem to follow that they were to make it. But if there were doubt as to tho neaning of the oonstitution, it would be Btttled by the practico onder it irom the beginDiug. The mode of proceoding at the iirat election in 1789, and before the Government was organizad under the constitution, cannot, of eourae, afl'orJ a precedent for action ftf ter the Government went into opention. When the okction for the firat President took placo there wat) no President of the Sjnat", nor House of Rerresentatives in oxUtcnce. A number of perrons who had been chosen Senators aesemblcd April 6, 1789, and appointed one cf their nimber President for the purpoee of opening and coonting the votes íor President, and at the same time paseed au order to inform the House of Reproseutaüves ''t!, at the Senate is now roady in the -Sonate cbamber to proceed in the preaence of the House to discharge tliat duty," therebv aesumiüg that tho President they had eppointed wu merely their instrument to mako the connt. The Senators were no'. then sworn iuto ome, nor was the oath administered to theni til) Jan. 3 following. At Washington' seeond election, in 17'J3, the vary first election nhich took place after the Government went into operation under the constituticn, the Home passed a resolntion, which was concurred in by the Senate, to appoint a c ininittec to joiu Bucli commit'ee as might be af-pointod Ly tho Senate to asoartain and report a mode of t-xamiuing the votes for President and Vice President. The committees were appointed, and reportfid a moje for canvas 'iog the vote, which has been subjtantially foikiwol ever since. Here wae a direct assertion of the power of Congress over the conntiiig of the eleatoral vote, which has never been departed from. In 1865 to avoid the necessity of raüáing a joint committee at each recurring Preidential election to devise a mode of conuting the vote, and to próvido a mode of diaposiug of conteet) over electoral vottH, what in fcnown as the twenty second joict rnle was adopted. The authorship of that rule has sometimss bef n attributfd to me, and. as 1 believe it to be in strict harmony witu Ihs c onstil uticra. and that if adhercd to it would ptaceably settle the complications growiug out of the recent eleotiOD, I ghould fesl proud of the distmciion if eutitled to it. Tiiat rule wa the prodnetion of a joint committee appointed sc;orJing to tho practico of Congrees from 1791, to ascortain and report a modo of cxamining the v.ron for President and Vice President. Tho committee which repsrtod the twenty second joh t rule was appoiuted in January, 18G5, and cons a ed of Trumbull, Conner, and Wright, on j the part of the Senate, and of Stephon, Elihu B. Waehburn, Mal'ory, Heury Winter Davis, and Cox, on the part of tho Houtje. The joint rule was cxnsidercd by unanimons ooüseut, and agre-ed io by both houses. Feb. C, 1865, and the electoral votes oaat in 1864, 1868, and 1872 were connted in pursuance of that rule, which waa considered in forca without being re-enacted nd without objection, except o far aa the j jint rule was modined by a concurrent rtsolution offered by Mr. Edmuuds, and adopted ín both hou&es Febrnary, 1869, in regard to the electoral vote of the State of Oaorgia. Mr. Edmund' resoluUon, wtieh 8eseited tho power of Congress oyer the uatioual voto, and disposed of that of Georgia, waa voted for in the Sonate by Edmunds, Anthony, Gameren, Couklinp. Frelinghuyaen, Morrill of Maine, Morriil of Vennoot, Sherman, and most of the leading men now in the tanate. , The preeent Senate, at its last session, passeda bill wliich was voted for by Slr. Ferry, its President, and nearly every Ropublican Senator present at the timo, which bill aaaerte the plenary power of tho two houses over the count of the votes for President and Vioe President, and their anthority to recei?e and ! roject votes, by what authörity did Repul'lican Senators vote for these moasures brought forward by Mr. Edmunds and Mr. Morton, if the constitution givos the President of the Senate the light to conöt the vot8? Every Congres, from tlie dayi of Washington to tho present time, has asaorted its power over and providod for the count of the electoral vote. Thore is scarcely a memb3r of the present Senate who' has not asserted and acted upon this samo power, and the claim now set np in eomo (Hia.ttrs that under the constitation the President of the Senate hH the anthority to make the conti t is an assumption at war with the practico of tho Goverunviut fcr more than í-ighty years, and is revolutionary in charaoter. For Mr. Ferry and cthtr Uepnbfioan Senators to absent to such a claim would be to ttultify theaiaelves. It being, then, the dnty of the Senate and the House of Bcprepentativej to make the count, they can na mere encapo it than thoy eau any other duty impsod upon them. In acting upor thiü eubjiset tlieymust aot as independent bodies in the same manner as they do other business. The constitution knows no such bed}' as & joint convention of the iwo houüos of Congrts. When the certificares containing the electoral votes are oponed, it is in ttio prejenca of the Senate as an organj ized body, with its President f residing, and of the House of Representativos as an organizcd body, with its Speaker presiding. The President of the Senate has no moro right to preside over the House when the two bodiefl asscmble in the same room thau whon they are in different rooms ; nor has he any injie right to presido over the two houees when in tbe presence of eacïi other than has the Speaker of the Home. For couveaience, to preserve order, and prevent onfusion when "the two houses aa-iemble in the samo room. it has baen usual to próvido by concurrent rtisohition, adopted separttfly by each house, that the Pretident of the Senate shall preside over both, but thiu is a matter of agreemont between tl e houses. Whatever is done by either thou36 be dono scparately, whether thoy act in tbe preeenco of oach other or not. liut it is said that lbo connting of the electoral vote by the separate ectiou of eac'i houee is imprect.rille, that they v.i 11 nover agree. As wll might it be said that they would co( agree to pa n appropria' ion bilis or to any othtrmeasures neceesiry to carry on the Govemnunt. The coccurrence of tiie two housee of Oongresa upon many quodtions is esaential to the exirítenco of tbe Government, and when the time comes when ither house of Congress psrsiatcntly refusea to co-operate in meatures of legii'látion necessary to the existonce of the Goverament our systom is a failuro. Such a s'.ate of thiugs is not to be snpposeel, nor is it to bo snpposed that the two houses of Ccegress cannot agree upon tsome mode of oounting the electfral vote that ehall mt only have the forms of law but be just and right. No mau is fit to rpprfont tiio people of tl'.ia country in citlier branch of Congresa who is not williog to unite npon seme method that will insure a fair and. nonet t eouot of the eltctoral vote. Let ue demaud this of our Senators and Repreentative8. It is a reproach bath to tbeir intelligence and their patiiotism to Buppose tht tht-y ciunot adjust thtir disagreemontH. No man can have stronger convictions than I have that Mr. Tilden is honestlv and faidy entitled to the elpctoral votes of Louixiana. and is therefore olected President, Lut I was novêr afraid to snbmit a good caae to a f.úr ti il'unal for decisión and to agree to abido tho resnlt. I believe the Returning Bosrd of ijooisiana had no }urisd:cJ.ion uuder tho Stato liw to eanvass tha vole for elce'OM of President and Vice Pro-irlont and rej-.ct votes in its discretion. Others think differontly. If there bo no other way of arriving at e dreiaion of these question& let Congrtfs ak the Snpreme . Conrt or any otber im;it:al tribunal what the moaning of the Lonieiana law is. and he wiíl be a bold Ckngrwsman who, aft-, r that opiuion is qbtaiccd, tihul! set up his own opinión agaicst it. It is not for me to snggest what method the iwo houses shall adopt to bring about an adjtstment of pending disagreemente; but peoolc have a right to cemaud that they tind some method of doing it. There ia a power in tbis country more potent than the arbitrary acts of' Roturniug Boards, the ediois of party leaders, and the demands of partisan demagogues; it is the power of public opinión demandirp; what is right. Thero is a voce which Senators and Kepreíentatives. however blindod by party psaiou, and conspirators against ia'rness and honeaty, howtver high in authörity, will hoed. It is the voice of the people. Let that vcice bo b( ard at Wasbirgton through resolutions ot public meetings uid monster petitions lo Confiesa demnndiug of thht body to adopt eoine mjans hicb will vent tbe"iuaugurUon of any man as Presidoot tUrough feren, fraud, or corruption, and tlut will give effect to the vioe of thi ■ poople aa constlmtiotiaMy „„" V -Hei . fortuuately, the two honi8 ehÓi,i", l! '! to agree aa to tlie count of tlovru i "'! i tioular State, the rm!t would Í nc ?l ■, the yote woald not be co;int(l-aod J' li deut of tho Benate in uueU i cmb ft ■ no more power to conut it thsn h d : 1 paw a i i!l about whioh the two hon ff ü Mr. DaweH.ii the deba' e on JIr ïf8"lill iant aeBBion, hsa nhown thi J' " i He ald: "If qmation ari,, '? ! oponing of a vote, wbether jou bi or not, and tlioie en whom ti e c J2Í ;' haa deyoived the duty of dcoidin! afiree, the legal conoiquenco is nreel II!"1! this bill ays shall be the om, ,ZL oannot be ooanted, becanae tUoao nn ' : the oonntitution has devolved tl'e ' determining it have failel to airree Ui.. ' ( be oonntod. or how it shíll L, 1!i ■ And 'oecaoBO they fail to sgree snii?'the oonetitution has cot gone furthi!!11! pose of the qtiention, we propose to L ' statute. The ingonuity of mTmber. "'■ Sennte aad the Hoobo may be eXlwMtJ ' eelecting the best aud the eafest tnbinf ' atill lt will laek constitutional suthorh? :; lackiug constitutional anthoritr ti,;u aud beiDR naught, to Bet cp a mui 6 P .';i of the United Statca without anthort,.' : ot!;er defiuition of uanrpatiou." '


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Michigan Argus