New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-03
MR. CARPENTERS COUNSEL FEE.

MIR. CARPENTERS COUNSEL FEE.
Even Mr.. Matthew H. Carpenter himself must
be convinced by this time OF the gross impro-
priety IF his taking fee to sustain IN Court
a cause which he was called upon to Judge
in Congress, especially if there was to be any
delay in the payment of the money. AS soon
"a il becomes known that he had any pecuniary
transactions with Mr. Kellogg, all that he has
done as we'll as all that he has failed to do is
made the subject of injurious suspicion. His in
dignant denunciatiOn OF the fraudulent proceed
ipgs at New Orleans is ascribed to dissatisfac-
ton at the delay in meeting his little bill.
His tenderness towards Kellogg personally Is
accounted for by the relations which subslst
between lawyer and his client. Whatever
course he pursues whatever side he favors,
his influence is destroyed. His elOquence, his
logic, his learned exposition of the law all fall
upon deaf ears. Mr.. Carpenter has sold, not
himself we hope, but his usefulness In the
Senate, for five thousand dollars.
Five thousand dollars was the sum he
charged for his argument before the United
States Supreme Court in December, 1872, in
opposition to an application of the McEnery
party for writ of prohibition to check the
usurpatiOns of Judge Durell A part OF this
sum is said to have been paid at once. The rest
he had great deal of difficulty in getting at all.
A month later the Louisiana case came up In
the Senate, and we find Mr.. Carpenter arguing
there, in reply to Mr.. Thurman, that the
President was entirely justified in SUSTAINING
Mr.. Kellogg, and that Durell had not ex-
ceeded his jurisdiction. In fact during that
debate Mr.. Carpenter ranged himself squarely
with the Administration party. II he alter
forwards changed his mind, and presented, in
February. 1873, his celebrated report exposing
the Louisiana conspiracy and recommending
a new election, the world might agree IN at
tributing his conversion to the better infOr-
nation acquired by the official inquiry in
which he took prominent part, but for the
unfortunate fact that Kellogg still withheld
payment of half his fee. Nor was
it the only inconsistency in his conduct
at this stage of the affair. All through the
debate he had maintained that Kellogg was
certainly not the lawful Governor OF Louisi-
ana, and if Congress recognized either OF the
claimants it must recognize McEnery. Yet when
Senator Howe, towards the close of the dis
cussion, offered an amendment to Carpenters
bill, retaining Kellogg in Office pending the
new electiOn-an amendment which, as Messrs.
Thurman and Trumbull showed, recognized
the usurpatiOn and justified all that the Pres
ident had dOne-Mr. Carpenter accepted it,
and by his vote it was adopted. That amend
ment, it is not at all unlikely, determined one
or two Wayering members to oppose the bill,
and insured its defeat.
We next hear of Mr.. Carpenter in New
no TN 10
people on the 10th of May, 1873, al Exhibition
Hall-a strange speech, of which Senator
Morton writes to Kellogg, 81 do not fully
understand the reason for Carpenters visit
"to New Orleans; l have read his speech
carefully, and think it could not have been
satisfactory to either party" On the one
hand he told his audience that he believed
"McEnery if elected at all was elected
"by fraud" but on the other he held
out to them the certain prospect of
the overthrow of Mr.. KellOggs admins
tration. Congress will establish govern
"ment some way" said he, "and if there
"cannOt be an honest government established
Congress will give Louisiana territorial
zone. If the people refuse to recognize q
estate government Congress will have to
"give them one" 1t is perhaps another un-
fortunate coincidence; but the very day this
speech was delivered, Gov. Kellogg's check
book records the payment of $500 to Mr..
Carpenter (On accOunD, and two days
later appears the payment of $500
more. In August Mr.. Carpenter writes
to his {" dear Kellogg" for thousand dollars,
but his request seems not to have been at
tended to. In December, 1873, the Louisiana
case was brought up again in Congress, by
the appearance of Mr.. Pinchback as claimant
for seat in both the Senate and the House.
His credentials as Senator Involving of course
the validity of the Kellogg Legislature) were
referred to the Committee on Privileges and
Elections, which reported disagreement, Mr..
Carpenter voting against Pinchbacks admis-
sion and it is another provoking coincidence
that few days after this report, Mr.. Kel-
loggs check-boOk shows another payment,
"Dec. 30, Matt. Carpenter, $780," 1t is to be
hoped the account is now closed, for Mr.. Car
penter will not find it easy to make any fur
ther collections.