The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-03-05

Siam election bill read, West asked
Senator Carpenter if he proposed to fol-
low up his speech by a motion to refer.
Carpenter replied that he was woll aware
OF the fact that the Senator from Louis.
lana wanted to speak, and he wonld not
deprive him OF that privilege. The mo.
tion OF Carpenter to lay aside ull pend
ing orders, and take up the Louisiana
bill. was agreed to. Carpenter said he
proposed to go directly to business, and
not to waste The time of the Senate in o
glowing speech. He would repeat no.
thing he had said on former occasions,
but ho would endeavor to single out
matters in connection with the Louis.
lana case, upon which both himself aud
the-Senator from Indiana -aRreed, and
would endeavor to show that all the cir
onmstances required the pussnge of the
bill proposed by him. He reviewed the
election returns, and said it was clearly
shown that MoEenry had received 8, $50
majority, though ho did not hold the
election was fair one. AS Congress
had already authorized an investigation
into Louisiana affairs, it seemed to him
as II 1t had gone so far in those, that it
must proceed and settle them. He re-
ferred to the argument of tho Senator
from Indiana. (Morton,) as to the Su-
preme Court of the State having de-
cided in favor of Kellogg, and said the
testimony before the Senate committee
showed such state of fraud as would
set aside the decision of any tribunal
The Senator from the Committee on
Privileges and Elections, in his report
III relation to the Presidential electors iu
,0f ySu1ar.
board, in making the count, and de.
claring the election of the Presidential
electors, had no legal evidencc upon
which it could count the votes. The
Senator had shown that no validity at
tached to the action Of the Lynch board
in the count for Presidential electors,
and both houses Of Congress acted upon
thnt report. The Senator (Mortou) now
claimed that the Supreme Court Of the
State had decided that the Lynch board
was the legal board, but he (Carpenter)
called attention to the fact that that de.
clslon was made before the report OF the
Senator from Indiunn above referred to.
He regretted tho Senator (Morton) was
not in his seat to-day, and would pass
from that branch Of his argument,
emitting many things which he Intended
to refer to. How would Congress look
before the country, after deciding that
the election was void as to the Prcsiden-
tial electors, but legal as to the State OF
icials? The Senator. (Morton.) having
led the Senate through the first phase,
now seeks to lead it in counter move
ment. Tie Supreme Court Of Louisi-
ana was part of the State Government,
and when Congress WAS to inquire whe-
ther the government Of That State was
republican or not. the Supreme Court
could no more settle it than tho Legisla-
tnre could. That power was vested ex-
clusiyely in Congress.
Again, tho question was not u judicial
one ut all, bnt political one, aud must
bo determined by the political depart.
ment of the Government. The Su.
preme Court of the United States itself
conld not settle it, and the decision OF
the Supreme Court OF Louis lana was
not entitled to moments considers.
ton. The courts had never attempted
to decide the question directly, but all
1t did say, in effect, was, that the Lynch
board was the legal board, but it never
said whether that board acted honestly
or corruptly. The Senator from Iu.
diana (Morton) had rested his case upon
] Two poiuLS-tne OeciSlOu Ot tho Statt
Supreme Court and the recognition ol
the Kellogg Government by the Presi
dent of the United States. On for.
mer occasion he (Carpenter) had stated
that Il proper case had never been made
out for the Presidents actioa, and the
Senator from Indiana got on his high
horse to illustrate his fidelity TO the
Administration, stating it was entirely
unnecessary for him to bolster himself
up in executive favor by denouncins
somebody else for falling short. Sup.
pose General Grant did miscontrue .
statute; did it make him worse man
Not ut all. He (Carpenter) protested
against tho Senator, (Morton,) declaring
that there had beon an attack upon the
President. when he iCarpenter) pointed
out misconstruction of o statute
Such Justices as Mansfied, Story aul
Marshall would sit and listen for DAYS
to an argument to- show them where
they were in error; while justice o.
the peace would knock you down fol
suggesting that he may have erred. HI
(Carpentel) denied that he had made
any attack on the President. Referring
to the argument OF the Senator from
New jersey, (Frelinghuysen,) as to tn.
power Of the President to act in putting