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New Orleans Republican from New Orleans, Louisiana • 1

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New Orleans, Louisiana
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NEW ORLEANS REPUBLICAN. SMGLE COPIES: FIVE GENTS. OFFICIAL JOURNAL OF TNI STATE OF LOUISIANA. TEEMS: $12 PEE ANNUM. )LUME 251.

NEW ORLEANS. SATURDAY. FEBRUARY 17, 1877. WHOLE NUMBER 8026. TELEGRAPH 3 BAT 1 SLANUEll rANDING OF LOUISIANA OF LEADING SENATORS HONESTLY FOR HAYES PACKARD'S TITLE PERFECT OPINION CONFIRMED GNIIION will follow speedily )RD'S TESTIMONY FIBED'S CONSPIRATORS Its Decidedly Uncomfortable "lAWASHINGTOX MARTYRS CTIMS OF THE BASTILE OPLE IN GOOD SPIRITS the New Orleans Republican.

Jkgton, February 17, 11:60 A M. fcwles wrote from here to the Republican a few since eputable Republicans here bad defend the Louisiana case upon of law and justice, but mere wholly the equity of the case. To corLftroe, and to quiet the apprehenfew doubting Thomases party, I interviewed iHowe, Wadleigb, McMillen and joembers of the Senate Committee tea and Elections, who had given, attention to Louisiana i State for that purpose, and was hly assured by all four Senators and equity the electoral vote of I should be cast for Hayes and that Governor Packard's title he now fi'ls is absolutely per fttught not to be for one minute ieneiona of Nioholls should not sion of these eminent Senators ssidered. Itoral Commission has, by an bte, indorsed the opinion of S'n (expressed, so far as relates to the tote, and the formal indorsement Jbr Packard by lull recognition heretofore stated, shortly pence of Gittord, mentioned by his associate before the SenIttfee yesterday, direotly impl Spearing, Palmer and. au infamous conspiracy.

Jicrats are terribly distressed by are. Palmer been summoned to the committee, of the Nioholls' New Orleans ke it appear that the attempted of Governor Packard was trick to create sympathy for excites only contempt here well stigmatize toe President Lincoln the same way. Wells and Messrs. Anderson Kenner bear up under their nt as well as could be expected isited daily by troops of friends, lin their power to make the dis honored prisoners com for D. C.

Air. Ilarrzcll's Lecture manners, hnrsday evening, attracted by lof the subject and the reputa (speaker, a large congregation ithe Unitarian Church, corner and Julia streets, to listen the "Sway of Manners," Rev. Mr. II art si 1, pastor I It was a polished and learned nt and eloquent; fall of striking history, significant daily life, and sparkling orna I literature. Its lofty tone was lieved by occasional Hashes of paint as to move the risibles of pd gravest listeners.

The leo Jded the rapt attention of the its opening sentence to its brical flight, which elicited Danse. I of this finished address would (stice; and, for obvious reasons, out a foil report, end gentleman has any more his repertoire we hope he will Orleans publio with the de of them. Mes.ntc. Uunl conclave of the Grand of Knight. Templar, offloera were elected: ent Grand H.

Clarke, Alleton. W. Hotchkiss -A. h. Abbott, or Mayo, or Baker.

M. Todd. Lambert, og officers were appointed dard F. Hedges. 1 Shaw.

Soule. W. Maguire, pg ware elected officers of tbe r-S. J. Powell.

I Marks. B. Whitaker, L. Abbott. A W.

Hyatt, C. Batchelor, S. Borford. Grange was elected grand the Grand Hoyal Arch fokard was obosen illustrious of the Grand Ceanell Masters. press Company bay.

LOUISIANA SATED THE V0TE OF THE COMMISSION NOT TO GO BEHIND THE RETURNS PACKARD'S RECOGNITION SURE Id the New Orleans Republican. Washington, February 16,1877. The commission reaohed a vote a live clock this afternoon, and decided cot to behind the Louisiana returns. The commission is yet in session. D.

f). C. THE ELECTORAL COMMISSION Democratic Counsel Abandon Their Case. LOUISIANA VOTES FOR HAYES AND WHEELER. DESPONDENT DEMOCRACY A SECRET CONFERENCE OB EGON IS THE LAST DITCH In Which the Democracy Will Perish to the New Orleans Republican 1 Washington, February 16, 10:30 P.

M. The news of the attempted assassination of Governor Packard yesterday created an excitement that has not been equalled since the assassination of President Lincoln by creatures of the same crew, A considerable number of Democrats of the lower order, "lewd fellows of the basor sort," recognizing assassination as a legitimate branch of Democratic warfare, expressed their satisfaction that the attempt had been made, and eulogized the would-be assassins; but Democrats who represent the timid msney interests of the North denounced the act in the severest ternuB, and stated positively that the present Democratic Governor of New York would send his stato militia to put down another outbreak iu the South as readily as did Governor Seymour during the last rebellion. To-day's New York Times says: The attempted assassination of Governor Packard is but another illustration of the political methods of Louisiana Democrats. The New York Tribune saye: Governor Packard's nerve in dealing with his would be assassin is likely to discourage attempts upon his life hereatter. The grand Electoral Commission pursues the even tenor of its way, guided ulways in its decision by law and equity.

After deciding to day to admit all testimony forwarded by the Vice President with the certificates aud none other, and deciding a number of other preliminary luestions in the Louisiana case, for the prosecution gave up the case, whereupon Mr. Evarts staged that he was ready to submit the main question without further argument. The commission accordingly, at half-past six o'clock, took up the main question, and motion of Senator Morton decided to give the electoral vote of the State of Louisiana to Hayes and Wheeler. This seourea Oregon and South Carolina and settles the controversy. If anything further was wanted to settle the Oregon case, it was furnished by Senator Bayard's resolution declaring that aDy person holding cttico shall be disqualified as au elector and his vote shall be thrown out, which was rejected by the commission.

The Democracy are terribly dejected. The Nioholls crew about the lobby to-day looked indeed pititnl when the Louisiana decision was announced. After the decision was rendered to-night Messrs. Hewitt, Field, Trumbull and other Democratic counsel had a secret conference, and after it was over they publicly announced to the journalists who interrogated them, that they had decided to make a fight on Oregon, and something else that would be disclosed to the publio when it was reached, but not before. The public announcement of their purpose was a mere subterfuge to oover their retreat.

I have learned what took place in the secret conftreDoe. It was there admitted that the Democracy had lost its case irre coverably, bat it was thought best to go on with the tight and make political capital for tbe next presidential campaign. One of the lawyers remarked that it was quite probable they would loose New Hampshire next month. But," said he, "this is the last Republican victory; we shall now be able to make it impossible for that party ever to achieve anotber." Thus thev sought to console themselves. D.

D. C. Dudley Field and Uli French WitnesH. A Washington letter of the thirteenth ins ant, to the Cincinnati Gazette says. Mr.

Field rather eclipsed himself with the second witness. He was a French waiter in a restaurant in New Orleans, where, dining together, Wells had directed Littlefield to ohange certain returns. Field announoed to the committee that this man could soaroely speak English, and could hardly understand a question in English. He (Field), therefore, requested the oommittee to allow him to act as an interpreter for this Frenchman. The proposition that a lawyer should examine his own witness in a foreign language and interpret his replies was so droll that everyone in the oommittee room laughed heartily at Field, even the Democratic members joining in with the rest.

Mr. Lawrenoe immediately made the point that if this man was to be examined in regard to a conversation in English, which be had overheard, and he was a competent eavesdropper for English conversation, he would probably do as a witness without Mr. Field's kindly offers to interpret. This settled Mr. Field, and the examination went ou in English.

It then appeared that this Frenchman was waiting at table where Littlefield and Wells bad dined, and that While engaged in bringing food and changing dishes, he bad overheard snatches of a conversation between Littlefield and Walla. His statements were, however, exaggerated far beyond those of Littlefield, and oarned their absurdity npon their lace. A DEMOCRATIC BRUTUS ATTEMPTED ASSASSINATION GOVERNOR PACKARD THE VICTIM THE PLOT HAPPILY FRUSTRATED AND THE ASSASSIN SHOT THE GOVERNOR SLIGHTLY WOUNDED tFrom Our Extra of Thursday. At, thirty-five minutes past eleven o'clock Thursday morning, while the Governor's room was crowded with prominent Republicans and Governor Packard was engaged io conversation with Hon. Alex Bowman, a young man, who subsequently gave his name aB WtlldoD, walked quietly into the room, up to the desk, placed his hat on it, and called the Governor's attention by asking when lie could see him, and at the same timo put a revolver to his face.

The Governor struck the revolver with one hand, knocking it down, and with the other striking him in the face. At tbe same moment the pistol went off and wounded Governor Packard slightly in the right knee. At almost the same moment another shot was fired and the assassin wounded in the left arm. Of coarse all was confusion in an instant. The blow of the Governor knocked Weldon back, and he at the same time caught him by tbo throat.

Several others attacked him, striking and endeavoring to shoot him. Others, cooler, prevented this, and Governor Packard, finding he was comparatively unwounded, interfered and commanded all to leave him alone. Several were so excited that it required two or three others to restrain them. The life of the assassin was saved by Governor Packard, who stood directly between him and those who with drawn revolvers would have filled him with bullets. Matters were quieted after a little, and the Governor left his otfice and retired up stairs.

It was found that he was slightly grazed by the ball, and he received with bis usual calmness the warm congratulations of his friends. The assassin was laid on the floor ct the Governor's ofiioe, au overturned chair sup porting his head. Dr. A. W.

Smyth examined him, and at first discovered his pulse almost gone. After his wound was dressed aud ha was given some stimulant he revived somewhat, and gave several different accounts of himself. He said his name is William II. Willdon. and that he belonged in Philadelphia.

He first stated that he came direot from there, but afterward that he had been about three months in Mobile, a clerk in Popper's dry goods store. Being asktd what was his said "only patriotism;" that he was a Democrat, and had come on purpose and did not care whether he escaped or not. To some he stated there were three and him. He also said the rest had backed oat. lie had only been iu New Orleans twenty fear hours.

He was told that Governor Packard had saved his life, and at this ho seemed to break down, saying with a gulp. "Did Governor Packard save my life? I should like to see him. Tell him I want to see him." him." was nicely dressed, a good intelligent looking face, dark hair and brown mustache. Face cleanly Bhaven. He wore a large, and evidently now, Masonio badge.

The man was evidently a stranger. The marks on his olothing indicated the truth of hia statement concerning his name, as did also papers in his pocket. The assassin gained admission to the Governor's parlor by representing himself to be a ccrrespondent of the Philadelphia Press. Ou the person of the assassin was found a letter from Charles H. Schwartz, Bethlehem, Pennsylvania, September 29, 1863, reoommending William Weldon as having been a pupil iu his school; another, dated at the same plaoe, February 16, 1867, recommending Weldon as an energetic basinesi man of good moral habits; other, dated Cincinnati, Ohio, April 20, 1872, recommending W.

II. Weldon as an honest, careful business man, and signed G. M. Brown, formerly Browu Coleman, Springfield, Illinois. One of his comrades, who was watobiug intently, with a very pale face, at the outer door of the Governor's rooms at the time of the shooting, made his esoaps before tbe affair was known by those at the doer.

Another, a one-armed mar. was arrested. He stated his name was Joseph Ilnttel, that he knew noihing of Weldon or his but that he had accompanied him to the State House to see Governor Packard, at his request. Ho was locked up separately from Weldon. It was soon learned that Weldon had been seen with a one legged main, a peddler.

He was found, and gave a statement of what he had seen, which was afterward reduced to an affidavit and sworn to by him. There are other clues to Weldon's movements here and in Mobile which may lead to something more important. Friday Weldon was arraigned on the following affidavit: State of Louisiana, parish of Wiliiam F. Loan, being duly sworn, says that on the fifteenth of Feornary, A. D.

1877, in the Second Municipal Distriofc of the oityol New Orleans, State of Louisiana, the city oi New uneans, ocareoi ljuibibub, upon Stephen B. Packard, Governor of the State, of his malice aforethought, feloniously did make an assault, armed with a deadly weapon, to wit: a mstol; with intent, him, the said Packard, to kill and murder, contrary to the form of the statute in such oases, made and provided, and against the peace and dignity of the State of sworn to and subscribed before Eugene Staes, judge of the Second Municipal Police Court. On this being read to him he pleaded guilty in a firm, clear voico. The following affidavit was filed in the case: Philip Stern, boiog duly sworn, deposes and live at No. 131 Ninth street, in this city, and sell dry goods.

Yesterday, Thursday, February lo, 1877, between the hours of ten and eleven o'olook in the forenoon, I went into a beer saloon on Touluuae street, near the State House, and asked the keeper of the house if he wanted to buj Weldon, now anything. He said, yes, he wanted a necktie. There was a gentleman sitting in the saloon who bad on a white necktie. I asked this gentleman if he wanted to bay aDy Russia leather pooketbooks or any pocket knives. He said no, but if I had any good pistols he would buy.

I eaid no, I had got no pistols. He told me to take a seat and began to talk politics. He asked me if I was a Republican. I told him that was my business. He said, "Well, 1 am a hard-shell Demoorat." He asked me if I knew Packard.

I told him no, except that he ruu for Governor. He said to me, "I will tlx him, the damned rascal; I have particular business with him today." There a one-armed man who was drinking with the man with the white necktie. The iuan with the white necktie asked tbe onesided man if he knew Packard. The oneanued man said "yes." The man with the white necktie asked the one-armed man if be -wanted to go along with him as he had particular business with Packard. I told the one-armed man and also the owner of the bar: "1 think that must be a very moan man; I do not know what to say of him" (meaning the man with the white necktie).

Then I left. I noticed nothing in the manner of the man with the white necktie to make me think he was crazv. I should know him again if I paw aim. shown the accused, William Henry custody at the State House, deponent That is the man I saw and talked to in ihe barroom and who was then wearing a wbite neckiie. PH.

STERN. Sworn to and subscribed betora me this sixteenth day of February, 1877. EUGENE STAES, Judge Second Municipal Police Court. After the arraignment of Weldon, Judge Staes proceeded to the place of confinement of John Iluttel, and a similar affidavit wa road to him, charging him with being an accessory. He said he did not understand it, bat haviDg had itiully explained to him pleaded not guilty.

He was then told counsel would be assigned to him when needed and was left in his room. Weldon is doing well, so Dr. Smyth ap pears to think. His wound in the arm is a severe one, but not daDgerous. Ha is well cared for, but no one is allowed to converse with him, and he has given no different account of himself than that of Thursday.

He occasionally desires opiates that he may obtain sleep. From Mobile the aooount of him is that he has been at Pepper's store from October till about ten days ago, when he lefc of his own accord. At that time he indicated he had another occupation in view. It is said he then took to drinking for a week, but his appearance Thursday was not that of a man who had been drinking heavily for that time. tongrcHilonal In the Senate on Wednesday the bill re moving the political disabilities of Joseph E.

Johnston, of Virginia, was passed. The bill providing for the preparation and publication of a new edition ot lhe vised Statutes ot the United States wu passed. Mr. Conkling asked that the bill to provide for the distribution of awards made under the convention between the United States and Mexico be passed now; but ob jection was made by Mr. Spencer, who had a telegram from one of his constituents saying there was a fraud in the nutter, and was now on the way to Washington.

Mr. Dorsey introduced a bill amendatory of aud supplemental to the act of March 3, 1871, to incorporate Texas and Pac railroad, aud the act of July 27,1866, grant ing lands to aid iu the construction of a railroad and telegraph ne from the States of Missouri and Arkansas to the Pacific ocean. Referred. The bill is a copy of the fo called compromise oi the Texas and Pacific bill rfcentl reported to the House ot Representatives by Mr. Lamar from the Committee ou Pa oitio Railroads.

The Senate resumed consideration of unfinished business, being a bill to umend the Pacitio railroad so as to create a sink ing fond for the liquidation of the indebted ness due the government by the Pacific Railroad Company An amendment of Mr. Booth, providing that $750,000, to be paid by the companies to the sinking fund, shall be in addition to the other payments or w'us agreed to; yeas 22, nays 20, as followr Anthony, Bailey, Booth Boutwell, Cameron of Wisconsin, Christian cy, Cockrell, Harvey, Hereford, Johnston Jones of Nevada, McCreery, McDonald Maxey, Merrimon, Morrill, Oglesby, Rob ertson, Wadleigh, Wallace, Brace, Cameron of Penn sylvania, Clayton, Cooper. Cragiu, Dawes, Dennis, Dorsey, IlamliD, llitchcjck, Kelly Neman, Logan, Mitchell, Norwood, Patterson, Spencer, Teller, Without completing the bill, tbe deficiency appropriation was resumed and passed. It provides, after the preoent session, the Public Piinttr shall not pay over fifty oenfcy cents per thousand ems for com position. The Senate bill appropriating $7000 to pay the expense of the Electoral Com mission was passed.

i Iu the House, Mr. Sayler asked leave to otter a resolution directing the Secretary of the Treasury to report within ten days the actual amount of gold coin and bullion and silver coin and bullion now in the treasury together with a detailed statement of all outstanding obligations payable on demand coin, with llie balance actually owned by the treasury available for a resumption of specie payment; and also whether any bonds or other interest bearing obligations have been issued during the past or present year in the purchase of any such coin or bill. Mr. Kaeson(Iowa) objeoted Consideration was resumed of the resolu tious reported by the special committee charged with the investigation of the recent election in Florida, and Mr. Thompson, chairman of the oommittee, addressed the House.

The proceedings in both houses Thursday were unimportant. In the Senate on Friday Mr. Logan, of Illinois, moved to up Senate bill for the issue of silver coin, and to make tbe silver diliar a legal tender, being the bill introduced by him in August last. Mr. Morrill, of Vermont, opposed the motion on account of the absence of the chairman of the Committee on Finance, and said there had also been a kind of understanding that the bill should not be considered until after the report of the silver commission shall be made, ber of the silver commission, said the repoi of the commission had been completed, and would have been submitted to tbe Senate had there not been a difficulty having it printed.

He hoped it woald be printed and submitted to the Senate in a few days. Mr. Spencar. ot Alabama, presented the petition ot Alfred A. Green, of Alabama, asking an investigation into the alleged wrongful aotion of the joint commission to adjust tbe olaims between citizens of the United Spates and the republic of Mexico.

Referred to the Committee on the Judiciary. The sinking fond for tbe Pacific road was considered to adjournment. Several bills removing political disabilities passed the House. Htaab. Around the corner from Canal street, at Goldthwaite's bookstore, in Exchange al ley, Mr.

Staub is by every mail in receipt of all the latest and best in the matter of daily, weekly and monthly publications. Harper's Monthly tor March was reoeived yesterday, and the other magazines are due this week. THE ELECTORAL TRIBUNAL. On Wednesday, on the reassembling of the Electoral Commission, Hon. Matt Carpenter, in behalf of the Democrats, resumed his argument, contending that the constitution of the United States forbade the conferring of judicial powers upon the Returning Board of Louisiana, and that the law of the State which attempted to confer such power was void.

The Ut irning Board, had it possessed jadicial powers, had gone outside of its powers. The statute requires that duplicate returns shall be made within twenty-four hours, and such returns were not made within fifteen days. Mr. Carpenter quoted from a report by Representatives Hoar, Wheeler and others, condemning the Returning Board as an illegal body, and read the law creating the board, to show that in cases of fraud or violence during the election, formal state meats of such iraud and violence showing their effect and how many voters were pre vented from exercising tbe right of suffrage, must accompany tbe returns. Ho was prepared to say that in no single instance did such statements accompany the returns.

He referred to the Piuohbsck case, and gave tbe reasons why certain Republicans voted gainst Pinchhack's admission. These reasons were sec forth in the speeches of Senator 'Edmunds, ot whose ability and eloquence he was but au humble and hopeless imitator. Would not Mr. Wheeler wuke up astonished to tiud he had been counted in as Vice President by the very machinery he has in a report, which be signed, denounced as If fraud is to be recognized as an instrumentality in electing the President and Vice President, then we might as well bid farewell to the country. Ic is a sigoitioaut fact the centennial year witnesses this disgraceful state of affairs, while we were inviting the world to witour amazing prosperity and the harmonious workiag of our governmental machine, that maobine, it would seem, was 'going to smash." Mr.

Carpenter presented eome authorities as additional to the brief submitted by him to show that Kellogg, as Governor, could not given certificate to Kellogg as an elector, and he argued that they mast go behind the certificate to see that Kellogg was eleoted. Judge Trumbull read a printed brief giving at great length the reasons why the Kellogg certificate is false and fraudulent. Among other things charged against the Returning Bonrd was the forging of the returns from Vernon parish. Ic was also charged that Levissee. Brewster, Burch, and two or three other Republican electors were ineligible.

Tbe two first because they held offices of trust and profit uader tbe Uoited States, and the others were State officers. After Mr. Trumbull had read bis briet of evidence, and was proceeding with his gumenr, Mr. Evarts af-ked what the order ot the commission was iu regard to the time allowed counsel to argue as to tbe admissibility of evidence? Judge Trumbull requested three hours Mr. Thurman thought the case would be expedited by allowing the evidence to go on, subject to objections, instead ot frittering away their time ou admissibility of testimony.

He thought it was making this conmTasiuu a court of common pleas instead of the great tribunal it was intended to be. Mi. Edmunds arguod that the effect of taking testimony provisionally might be that at the end of ten days they might find the evidence inadmissible and the whole time wasted. Judge Bradley thought they should go a manner similar to the course puisued in the Florida case. Mr Edmunds submitted the following: Ordered, that counsel now bo heard ou the whole subject as the case now stands, that four hours ou each side be allowed." Judge Strong ottered a substituted, giving the council wo hours on each side to argue the admissibility of evidence.

Mr. Thurman moved an amendment, making the timo three hours. Rejected, 7 to Mr. Iraands' proposition was rejected; yeas 4, nays 11. The proposition of Judge Strong was agreed io witfioat a division.

Judge Bradloy moved that counsel on cither side may take, in addition to the two hours to discuss the interlocutory usstion us to the admissibility of tho such additional time as they may desire, to bo deducted from the four and a half hours allowed yesterday tor general debate. The commission then took a recess. On reassembling Judge Trumbull began his argument in favor of the admissibility of the evidence offered, claiming that the commission has all the power of Congress and can go to the bottom of the matter before it, and ascertain every fact. He claimed that no man worthy of the high otfice of President, or even of the position oi constable of a paltry town, should accept office on a tills given him by William Pitt Kellogg. Mr.

Trumbull, in stating the case, said they prove that Kellogg wa sde facto Governor of Louisiana during the months of November and December last, and that be was not duly appointed ant lector. They would further prove that when tbe Returning Board oanva-sed the votes they had no legal evidence of violence at the election, autlconsequently had no right to throw out votes; that the supervisors of registration omitted, willfully or otherwise, the returns from certain polling places iu their precincts; that by the returns actually made bv tbe commissioners of eleotion, Kellogg as defeated as an elector by several thousand majority; that Kellogg, when he certified to his own and the election of the other electors, well knew that he was certifying to what was not true, and in accordance with the returns; and that the issuance of these certificates to th-3 so-called Hayes electors, was in pursuance of au unlawful corn bination and conspiracy, of which Kellogg, Wells, Kenner, Casanave and others were the actors. Mr. Stoughton, for the Republicans, said there were objections which might as well be answered here. It would be remembered that when the vote of Connect out wa3 opened that her Governor, Mr.

iDgersoll, who gave the certificate, headed the list. It had been asserted that Governor Kellogg was not Governor of Louisiana He re ferred to tbe deoieion in tbe Dorr case it tbe Rhode Island insnrrection as conclusive ou that point. He said the otter presented was to determine by a seaich and soratiny of all the polls of Louisiana to ascertain what was tbe vote of the State, holding the aotion of the officers of that State for naught. He would undertake to show that the statutes of Louisiana conferred upon the board full power to determine who were elected by the votes of that State, and that the Electoral College had the power to fill vacancies in ita body. He read from the decision in the Florida case by the commission, that it was not competent for them to go back of tbe State, ana be oould not conceive that the question was open for argument.

Mr. Shellabarger argued that the act ot 1872 governed the election and that the act of 1870 was repealed bv the act of 1872 oily far as the provisions were in oon flier, and that tbe Returning Board and the mode of filling the vacancy were legal, and the duties properly performed and beyond question by Congress. He contended that the evidence was overwhelming that Kel logg was and had been Governor dc jure and dc facto of the 8tate. Mr. Shellabarger quoted from a speech by Charles Pinckney' to show that it was the intention of the founders of the constitution to preveut the State from adding to or taking from the qualifications of electors, and that they also intended to prohibit Congress from interfering with the vote of a State.

He then went into au elaborate aigument to sustain the validity of a board composed of four members, and cited numerous authorities to oostain his PC ukod it may oi tkeoe ciUtions relerred to a board composed of different elements? Mr. Shellahkrger said the olause requiring the board to be composed of ot different political parties was necessarily directory, and not mandatory, for that was obvious when a man would change hie political views. He contended that the duties of the Returning Board were administrative and that its decision was final, and had been so decided in several oases by the Supreme Court of Louisiana. He then proceeded to dismiss what he said he considered the main question end the real question, which was whether the committee had the power to go behind the Returning Board, and which had been already considered in the Florida case. Mr.

Edmunds asked if it was claimed that the Florida board acted corruptly? In this case the allegation was that the Re turning Board acted from corrupt motives. But he did not understand that in the Florida case corrupt motives were oharged. Mr. Shellabarger said he understood that corruption was charged in that lie complained that it was unjust and unlairto say that thev were attempting to cover up fraud and villainy by objecting to the admission of evidence, and said language had been used that was unworthy to be spoken before this tribunal. as an insult to tbe intelligence of the commission to say that, be cause this was a ministerial action, that could not consider the question of fraud, that it was an effort to cover up fraud.

If, as Mr. Carpenter said, thev oould, after the fourth of March, go to tbe case by quo warranto to determine who was elected President of the United States, it ill became him to charge that they were trying to make a President by covering up fraud. 'On Thursday argument was resumed. Mr. Evarts contended that the right to cast its votes is with the State.

Whatever power the Federal government has, it held through the terms of the Federal constitution, the whole matter belonging to the State, and it was for the Federal government to count the votes after they had left the States, as in the Florida case: the commission here bad no power to count the vote. lie then contended there was no proof that Levisee and Brewster were disqualified on the sixth of December, and proceeded to discuss the laws of Louisiana in regard to the powers of the board and the eligibility of State officers to be electors. Evarts, after speakiog over two hours, said: I come now to state the disqualification of Republican counsel, drawing heavily on their time for argument of the main question, and exhausting their force on the question of excluding evidence and cramming tbe jurisdiction of the commission. The main bearing of Mr. Evarts' argument is that the State can not be tripped oy pro ceedings here.

Judge Campbell closed at five o'clock. After a short secret session, in which the commission agreed to vote to-morrow at four o'clock, it adjourned to ten, when it will be open session. After fifteen minutes- recess the commission remained in consultation until halfpast live o'clock, when it adjourned to 10 A. having adopted au order that a vote should be taken ou ihe admissibility of tne evidence proffered at four o'clock iu the afternoon. The secretary was directed to notify counsel that the decision of the commission would be communicated to them at a quarter past locr.

Ic is understood there was no discussion upon the question before the commission beyond the preliminary arguments. On Friday, immediately after the doors were closed, Mr. Morton submitted a resolution declaring that the votes of the Ilayes and Wheeler electors ot Louisiana should be counted, and assigned reasons, five of which are understood to also cover the cases of Oregon and South Carolina. His resolution was adopted by a vote of 8 to 7. Justices Miller and Bradley, and Representative Abbott, were then appointed a committee to draft a report tor presentation to Congress, and at a quarter past six took a recess to seven o'olook.

The commission, by a vote of 8 to 7, decided that no evidence can be received in the Louisiana case, except the electoral certificates. Numerous propositions were made to take various kinds of evidence, but. all were rejected by a vote of 8 to 7. Commissioner Payne moved to allow counsel one hour's time, but the counsel declioed, and the commission resumed its secret session with a view of reaching a final decision to night. The following are the resolutions acted upon by tbe commission: Mr.

lloar submitted the following: Ordered, That the evidence be not received. Mr. Abbott offered the following as a substitute Resolced, That evidence be received to show that so much of the aot of Louisiana establishing the Returning Board for that Stato is unconstitutional, aDd the acts ef the said Returning Board are void. This was rejected by the following votf eaa Bayard, Clifford, Field, Huntttfl, Payne, Elmunds. Frelingkuy sen, Garfield, Hoar, Miller, Morton, Strong 8 Mr.

Abbott offered another substitute, as Resolved, That evidence will be reoeived to show that the Returning Board of Louis iana, at the time of canvassing and compiling tbe vote ot that State, at the last election in that State, was not constituted under the laws establishing it, in this, that it was composed of four poisons cf one political party, instead of five persons of different parties. Rejected by tbe same vote. Mr. Abbott then offered another substitute: Resolved, That the commission will re cetve testimony on the subject ot the frauds alleged iu the specification of counsel for the objeotors to certificates one and three. Rejected by tbe same vote.

Mr. Abbott then offered a fourth substitute Resolved, That testimony tending to ehow that the so-called Returning Board of Louisiana had no jurisdiction to canvass the votes for electors for President and Vioe President is admissible. Rejected by the same vote. Mr. Abbott offered a fifth, whioh was rejected by the same vote, whioh was as follows Re sol Ad, That evidenoe is admissible that the statements and affidavits, purport ing to have been made and forwarded to the said Returning Board in pursuance of the provisions of section twenty-six of the election law of 1872, alleging riot, tnmult, intimidation and violence at or near oertain polls, and in certain parishes, were false and fabricated and forged by certain disre putable persons, under the direction and knowledge of the said Returning Board knowing the said statements and affidavits to be lalse and forged, and that none ot such statements and affidavits were made in the manner or form, or within the time required by law, did knowingly, wlllinlly and fraudulently fail and refuse to canvass, or compile more than 10,000 votes oast as is shown oy the statements of ths votes of the commissioners of election.

Mr. Ilunton offered a sixth substitute, as follows Resolved That evidence be received to prove that the votes oast and given at the said election on the seventh of November last, as shown bv the return made by the commissioners of election tor the said polls and voting places in said State, have never been compiled nor canvassed, and that the said Returning Board never even pretended to compile or canvass the returns by said commissioners of election, bat that said Returning Board only pretended to canvass tbe returns made by the State supervisors of registration. Rejected by the same vote. A seventh substitute was offered by Mr. Bavard, as Resolved That no person holding an office of trust or profit nnaer the United States is eUgible to be appointed an eleetor, and that this oommission will receive evidenoe tending to prove said eligibility, as offered by oounsei for objeotors lo certificates Noe.

1 and 3. Rf acted by the same vote. Justice Field offered the eighth and last substitute, follows: Resolved That In the opinion ot the commission, evidence is admissible upon the several matters whioh the counsel for objectors to certificates Nos. 1 and 3 offer to prove. This was also rejected by the same vote, and the question or the original order by Mr.

Hoar came up, viz: Tnat the evidence offered be not received. Mr. Payne moved to strike out the word "not." Rejected by the same vote The vote on the original order was then taken, and it was adopted by the following vote: Elmunds, Frelingbuysen, Garfield, Hoar. Miller, Morton, 8 Bayard, Clifford, Field, Ilunton, Payne, After the conclusion had been reached by tbe commission, counsel, were admitted, and the above resolutions werb read by the secretary. Tbe understanding that Mr.

Morton's resolution covers South Carolina and Oregon may be received with very slight hope that the person who communicated the iniorina tion secretly may have minconstrued it. The commission adjourned without removing the pledge of seertsy. Nothing further transpired. The Louisiana report is to the following effeol: The Electoral Commission having received certain certificates and papers, purporting to be and papers accompanying the same, ol the electoral vote of the State of Lonieiana and the objections thereto, report that it has duly considered the same, and has decided and does hereby decide that the votes of William Pitt O. II.

Brewster, named in the of William Pitt Kellogg, Governor of said State, which votes are certified by said persons, as appears by the certificates submitted to the commission as aforesaid, and marked number one by said commission and herewith retarned, are the votes provided for by the constitution of the United States, and that the same are lawfully to be counted as therein certified, namely: Eight votes for R. B. liases, of Ohio, for President, and eight votes for William A. Wheeler, of New York, for Y'toe President. The commission also dooide and report that the eight persons just before named were dnlv appointed electors by the said State of Louisiana.

The ground ct this decision, briefly stated, as follows: That ifc is not competent to into evigo dence aliunde as to the papers opened by the President of the Senate, in the presenoe sons than those regularly certified by tbo Governor of the State of Louisiana, in and according to the determination and declaration ot their appointment, in other words, to go behind the certificate of the Governor, so far as it is founded upon the aotion of the Returning Board. The commissioner oould not receive any evidence to show that any elector was ineligible on the seventh ot November, the day of election, on the ground that it was not essential to show he was not ineligible cn that day, so long as he was eligible on the days he cast his vote in the Electoral College, and the fact apnears that the alleged ineligible electors, Brewster aDd Levisee, were chosen to fill vacancies caused by their own absence trom the college, and there was no allegation of ineligibility when they cast their vote. The Democrats will ciucns to-morrow morning. The following is Mr. Morton's resolution: Resolved, That persons named as electors in certificate No.

1 were the lawful electors of the State of Louisiana, and that their votes are the provided for by the constitution of tho United States, and should be counted for President ani Vico President. Then followed the openiug of tho doors, and the announcement of the result that no evidence would be received. Justice Field then moved that au hour be allowed to oounsei on either side for lurcher argument. 4r. Garfield said tbe time allowed by tho original order had been exhausted, aud ho objeoted to a further extension.

Mr. Murton suggested that counsel bo consulted about tbe subject. He would vote against the motion unless counsel desired it. Mr. Evarts expressed a willingness to let case stand as it now stood.

Judge Campbell said that as the commission bad excluded the evidenoe, they had nothing to add to the argument presented. Oa motion of Mr. Hoar, tho doors were then closed, and the commission resumed its secret session. The commission remained iu session until 8:57 P. when, on motion ot Mr.

Edmunds, an adjournment to 1 P. M. to-morrow was ordered. Democratic The Senate Wednesday concurred in the House amendments to the act amending section thirty five of the Revised Statutes, and passed the bill relative to offisiat bonds, and that giving Natchitoches an additional justice of the peace. Thursday a resolution wss adopted directing the Committee on Elections to re port the legislation necessary, and bills to reduce expense on cancellation of bonds; to authorize plaintiffs to bond property ou provisional seizure, and Ip supply the loss of records burned in Livingston pariah, were passed.

Friday the bill relative to the State Treasurer, requiring quarterly reports and monthly statements, was passed. Tne II )use Wednesday granted leave of absence to Mr. Spiler, of LivingetOD, and received a petition protesting against interference with the coffee trade, the present inspection and weighing giving satisfaction. A bill was introdnoed incorporating the town of Royville, in Lafayette parish. The police bill, repealing all laws in force and limiting the expenditure to $300,000 passed.

A veto having been reoeived on tbe bill authorizing James Legendre to practice law as being special legislation, the bill failed to pass over it. The revenue bill was again discussed, section thirty-five being reaohed. The bill relative to sureties on offioial bonds passed. Thursday, bills relative to transfer of stock, manuer of paying Scate warrants, and limiting the time ot answers of garnishees, were passed. The oommittee of tne whole reported the revenue bill, and the Honse adopted thirty sections of it and adjourned.

Friday, a protest was reoeived from a large number of merchants against the use of their names as inoorporators of the Board of TradeBills providing for the promulgation of the laws and for remission of tax penalties were passed. A resolution for evening sessions was voted down. In joint session, Wednesday, the vote was Jonas 25, Gibson 15. WickUtte 13, Eagan 12, Wiltz 9, Robertson 6, White 83. Thursday the vote was Bush 28, Jonas 15, Eagan 13, Wiokliffe 12, Gibson 11, Robertson 2, Wilts 84.

Fridsy the vote was Jonas 25. Gibson 19, Robert 14, Wiokliffe 11, Eagan 11total 80. Senator Bayard's Views. A Herald Washington special says: Mr. Bayard said to-day that if the electoral bill should come up after what has now passed he should veto for it.

He uounced the for their tion to the tribunal. He took no view ot the lufcare, even if iUyas be declared elected, and said if the was in bis iavor he would ehee esee. He thought the next four would, under either Hayea or TUdan. settle th. Southern qaeatraa to extent end determine tee of per.

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About New Orleans Republican Archive

Pages Available:
15,932
Years Available:
1867-1878