The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-30

read from the speech OF the Senator from
ladiana tAr. Morton) IN relation ,n 70 The report
no part Of the res 0ess9 in this CASE the commit
tee having since been reOrganized, and that Mr..
Pinchback should be seated on MS credentials, he
having q pyissd yacie case. He next read the Gre
dentials OF Mr.. Plnchback and Mr.. Ray, and said
the the same das Why was not Mr. Raw " seated ON
Irfnld Jdcfe case last winter II there such
But all knew why he was not seated. The air was
nlled with rumors, and the minds Of Senators were
disturbed by doubt as to the facts stated in these
credentials as TO whether there any legal Leg
islature or any legal government in Louisiana.
1t was because the senator from lndi-
ana doubted the legality OF the Legislature
Senate to investigate the Louisiana matter had
reported volume OF testimony OF 1,094 pages.
Every member OF the committee was against the
legality OF the Kellogg government except the
gentleman from Indlana-Mr. Morton. Mr.. Trum-
bull dissented on the ground that McEnery should
point but no member agreed with the gentleman
from Indiana. 1t was entirely too late now to be
talking aboat seating Pincnback on pr-in.d Jace
committee OF this body had agreed that there
was no legal government in Louisiana and
no legal State Legislature in the State
on the 18th OF January last. Again, the Senator
(Mr. MOrtOn) had argued that the testimony was
not taken In the Pinchback case out in the case of
Ray the information brought by that committee
was binding upon the Senate. The proceedings
were conducted ~ the power and authority OF the
any document or any law book in the Capitol
which would throw light upon the subject The
sthat testimony, and seat Mr.. Pnchback on prtnaa
C0cie case, was certainly worthy of the ingenuity
OF tnat eentiem nan ne tMr. Carpenter entirely
man from ONO lMr. Thurman) IN regard to the
GOdthwaate case; but there was priDad t1cle case
there. He argued that, with his credentials In due
form, and elected by the State legislature o man
had ps-tMd Jace case. But ON the 18TH OF Janu-
airy last there was no legal government in Lousi-
ana. no legal Legislature to elect Senator Alter
quoting from the Robbins case, of Rhode Island, to
show the law IN reference to prtn1 Jacte cases. he
vad iruf fT&nr
OF the argument OF the gentleman from Indiana
tMr. Norton, although 1t mad been quoted by HIM
but one Legislature, and therefore that case mad
no similarity to the present one.
CONGRESS WAS BOUND TO TAKE LEGISLATIVE NO
as court was bound to take judicial notice. and
was therefore. bound to notice the testimony
taken by the committee last year. He then re-
viewed nc some length the condition Of affairs IN
Louisiana, as shown by the testimony before the
ne would be dry and tedious, but after this he
intended to wash his hands OF the whole AFFAIR,
and, therefore, would lay before the Senate the
lican friends in this chamber thought proper to
take IT on their shoulders and march
would bid them JOY. tLaughter) He then
read from the Louisiana constitution and the law
scton ~ bot retrnIn~ asue1 snaI S
and that OF Lynch-was Illegal. His friend from
Indiana (Mort0nl had diated much on the decision
OF the Supreme Court OF Louisiana, by which the
Senate OF the United States was bound. In May,
1872, before that Court was undermined by politics,
the views he (Mr. 0arpcnter was presenting.
Before the Court had been tempered wlth-before
VIVA, feared Ssser its court decided
VOID order 0 Produces no "01 legal 'n results.
and, therefore. that warmoth had no authority to
cies existing In the Canvassing Board on the l4th
day Of November, 1872, were therefore never filed,
De ey S
so there was NJ election whatever. WarmOth was
IN one building with his board and Lynch in
another with his. The law required the board TO
meet together. Bovee was Secretary of State all
the time; but, by virtue OF being a candidate Tor
turning board The order OF Warmoth removing
him Secretary OF State was OF no more
authority than an order from the President OF the
Senate removing General Grant from the Prest-
dency. The election returns were sent to Cover
nor Warmoth, but the Lynch Board sued out an
except in the Lynch Board, and Governor War
mo tn never did canvass them; that much respect
Is due to the WarmOth Board
WHEN THE JUDICIARY ENJOINED
them they stopped and to that extent were supe-
ri0r to the Lynch Board. Referring to the forged
aflidavits from which the Lynch Board made up It's
returns he said one little gentleman with smiling
face appeared before the committee and swore that
Bovee IN omen board. Bovee u said me was sHe H.
OF fellow" and asked him II he could not get
some more he replied, "Yes, he could have more
the case OF Armstead, coored man, VINO seemed
to be very popular, the Lynch Board did not give
500 to 1900 and odd. Was there anything fair
about thisY Mr. Carpenter again quoted from the
testimony sns before the committee ana SAID instead
returns, this Lynch Board gave Kellogg double
that: He a. must - say i Warmoth could
could be abolished. This canvass was also very
profitable to the Lynch Board. 1t appears that
virtue 10 Louisiana has It's reward. and that
speedily. Lynch naa his own son, an engineer on
the Southern Pacific Railroad appointed Inspector
OF Live Stock in New Orleans at an annual salary
n nd nm hoA mint ON nj
friend his deputy but finally Lynch came to the
conclusion that 1t would not look well to have his
coming before the committee at Washington
and airing his patriotism he went back to New Or.
leans, and kellogg appointed him to the Identical
office. at O salary Of $1,000, which he holds this
day. The Kellogg Legislature abolished two courts
and created new one. making Hawkins Judge,
and consolidating the Jurisdiction or both and CIV
ing him exclusive jurisdiction over contested eec-
ton cases, writs OF mandamus, &C.. saying to HIM.
1 II few things III make taee
the Senate. Whatever else may be said Of
THOSE RAScALs DOWN THERE,
they certainly do not forget their associates IRE
newed laughter) When his friend from Indiana
(Mr. M0rt0n) came thindering down on him with
his artillery and heavy ordnance. he would COM
mend him to q careful examination OF the testi-
m0ny just read,
Mr.: Carpenter said he would next proceed to
ment in this mudde. While this contest was
gong on Kellogg commenced suit in the United
states Court and Judge Durell issued his restrain
ment. on the 9Th OF December there was another
judicial proceeding which had no parallel In this
country or England. At night this same Judge
Durell issued an order to seize the State House.
The testimony showed he went to his LOGGING ABOUT
eleven O'Clock p. NJ, and, feeling like it, issued
the order. Nobody had applied for it. Re was
not sitting In Chambers, not holding Court.
but at his lodgings issued an order to the United
States Marshal to seize the state House. IL was
seized, a company OF troops put therein, and that
company held it for more than six weeks, while the
farce OF organizing this Legislature was being
enacted. And these two men, PinchDack and Ray,
were elected while the State House was so held by
troops. The act OF Congress authorizing election
cases to be brought before federal courts applied
only to instances where parties were prevented
from voting on account OF race, color or previous
condition OF servtude. SO Durell had not even
o decent pretext Tor jurisdiction. more remark
able proceeding than that OF Durells could not be
found anywhere. such orders were never issued.
In Russia or Turkey. BY his very act he organized
both sides, putting the republicans in and the
democrats out OF the State House. He Mr. Car
penter) sent to the Clerk q desk and had read the
orders of that Judge, and said he wished it was in
his power to have them read In the hearing Of
every citizen OF the United States.
MOTION TO GO INTO EXECUTIVE SESSION.
At four O'Clock alter the reading. Mr.. EDNUNDs
said it was evident his friend, MIR. Carpenter was