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1735 I (1877)

handle is hein.usccsset/usconset23582 and id is 1 raw text is: 44T CoNd1Ess, SENATE. j REPORT 2d Hession. No. 70L. IN THE SENATE OV TH3 tNITE) STATES. MARCuIIV)877.-thAered to be printed. Mr. HOWE, from the Colmittieb on. Bllileges and Elections, submitted the fapwing REPORT: Under Senate resolution of December 5, 1876, instructing the Com- mittee on Privileges and Elections to inquire whether the right of suf- frage is abridged in certain States of the Union, and, if so, how abridged and by whom abridged, the undersigned were detailed as a subcom- mittee to make such inquiries within the State of Louisiana. The resolution authorized an inquiry extending as far back as and in- cluding the year 1874. The limited means furnished the committee for the purpose of this investigation have compelled the undersigned to re- strict its inquiries mainly to the facts attending the election which took place on the 7thof November last, and-has further compelled ittore- strict its inquiries to a small portion of the State. Manifestly there are two ways in which the right of suffrage may be abridged. One way is to deny the legal voter the privilege of depositing his ballot. Another way, perhaps quite as efficient, is to refuse to count the ballot after it is deposited. By different parties it is claimed that both of these methods have been pursued within the State of Louisiana. The republican party in that State asserts that many voters have been deterred by force or by fear from freely voting the ticket they desired to vote. The democratic party, on the contrary, asserts quite as positively that votes have been denied a count after they were deposited in the boxes. - This last allegation-cannot-be-controverted. The laws -of Louisiana authorize its tribunals, upon certain conditions, to reject from the count, not only the entire vote of a precinct, but the entire vote of a parish. The election laws of most if not all other States are framed upoi the theory that. every lawful voter can and will deposit his ballot if he chooses, and precisely as he chooses, undeterred by force, unawed by fear. To be sure, it has not infrequently happened in the experience of voters in other States that one or more lawful votes offered at an elec- tion have been rejected by the officers p -esiding at such election. For such wrongs the laws of most States prol ide a remedy by giving an ac- tion for damages agaiust the officer denying-such right. That is a pri- vate remedy given to the individual wronged. In many of the States the result of the election is insured against the consequences of such wrong- ful denial by authorizing the judicial tribunals, upon proof of the re- jection pf the ballot, to count it as if it had been actually received, and to award the election to the candidate who would have been elected if such ballot had been received.

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