The New York herald., 1874-01-31

o. rne Mlnneopons soaru OF Traoe. ASKING IN .p
preparation for continuing the Improvement OF the
faiis OF 81. Anthony. Referred 10 the committee
ON Commerce
THE CONGRESSIONAL RECORDS
MT. ANTHONY, Tep.) Of X. l.. from the Committee
on frhtins. reported with amendments the House
resolution IN relation to the number oil copies OF
the Congressional Record 10 be allowed Senator'S
members ana delegates. Passed
PUBLIC BUILDINGS AT KANSAS CITY.
Mr. SchURs, trep) Ol Mo-, presented resclutohs
OF the Missouri Legislature asking or an approprla,
lion for public buildings at Kansas Cit, heierreu
10 the Committee on Pubc Buildings and Grounds
RIVER AND HARBoR WORKS in FLORIDA
utions oI tse ieaisaupe ~ o that State, asking an
appropriation Tor river and harbor Improvement
Referred to the committee on Commerce
CARPENTER CONTINUES His SPEECH ON LOUISIANA.
Tne morning hour having expired
Mr.. CARPENTER resumed tue hoor and continued
hrs KS ON The Louisiana case lie sald ne ala
not condemn the action OF the President IN any Of
these Louisiana proceedings. because he merely
Oraered that the process Oi The federal courts be
| executed. lie had better guide than that
| order, and couid 30 nothing hut order Its exc
acsion OF the President or OF Marshal Packard
They not to blame. The responsibility rested
Attorney General Williams TO Marshal Packard,
Oi December 3, directing that officer 10 enforce
the decrees and mandates OF the United States
Court, and argued that the telegram was not IN
recognition oi the Kellogg government but only
direcung that the orders OF the Court be enforced
which the President was bound to do. He next
read the teearam Of Collector Casey to the Presi-
dent, dated December 6, 1872, announcing the
seizure oi the State House. and setting forth
that the decree was sweeping In its character.
He mr. Carpenter) thought there never was
more truthful comment than that 1t was sweep
ing, and had swept away the rights OF an entire
state. Next followed the telegram from Pinchoack
TO the President; stating that all was quiet, but
asking a precautlOn that General Grant would
interfere. lie next quoted from the law anu con-
stitu'Ion as TO when the President had authority
interfere and said he could do so but IN two n-
stances First, IN case OF insurrectlon against the
state, and the other In case OF the obstruction or
the laws OF the United States
MI ICIA
the President had fun power to interfere, 1t being
case OF insurrection against the state an attempt
To 0verturn a legal state government ana set mp
another in its place. The Legislature OF Rhode
Island certified to tine President that there was an
interfere. But President Tyier moved very ca re.
fully. first sending out agents and then the secre
tary OF war to make peremptory examination
III order TO keep himself within the powers con-.
ferred upon him. 1t was absurd to argue that the
telegram from Attorney General Williams was a
recognition OF Pinchback's election. DID the SEN
atOr from Indiana (Mr. MOrtOn meaf to say that
the President Of the United States could sit his
cushioned chair and telegraph over the country,
Legislature In time OF troubles without any
case being mado ont to him? No, sir! we had not
come to tnar IN tins country. He next
read from Governor keiloggs communication
that domestic violence existed In several parishes,
which the state authorities could not repress
without great expense and bloodshed and calling
upon the government for aid. He wanted 10 avoid
expense wanted to avoid 5lOodshed and there
lore called upon the President for the army OF the
United States. Armies did not generally quell
disturbances without bloodshed. This bogus gov
ernment in louisiana now standing year, with
Its riots and disturbances, all the result OF the
non-acton OF Congress when it ought TO have
acted. new election should have been ordered
in the State last session; but after an all night
session of the Senate, when the vote was taken at
fve O'Clock IN the morning, there was majority
Mr.. MORTON-That was the trouble.
Mi. CARPENTER-Yes; 1t was the trouble-trouble
to that state trouble to this country; trouble TO
the fair name OF our nation.
Mr.. MOTION asked II the gentleman (Mr Carpen-
teri thought the President did right in issuing his
proclamation.
Mr.. CARPENTER replied that he well understood
the motive IN putting tna1 aues.lSn. He dd say
There was no case made before the President 10
authorize him to interfere. This was case OF do
nothing about domestic violence That was
not case TO bring him TO his feet There
must be case OF lnsurrection in the State
and against the State government; therefore
there was no authority Tor that proclamation. 1t
might be that Congress- under the powers conferred
upon it by the constitution. could send troops
there. He did not say whether 1t could or not.
The Senator from Indiana Mr.. Mortonl had plead
an estoppe on the right OF the Senate to inquire
into the facts Of Pnchpack's election, on the
ground that the Legislature electing HIM had been
President had ever recognized that Legislature.
The President paid no attention to them when
entire contempt The President Of the s United iad
states, In tne last days OF the session, sent
~, houd 10 1d laying sne 70
did not act he would continue TO recognize the
Kellogg government But the Presidents inter-
ference then might be on entirely different
grounds. He (Mr. Carpenterl was not much OF a
lawyer and nothing OF politician, and he did not
doubt the Senator from Indiana (Mr. Morton) was
"laying for himn IN the forum OF politics and would
say TO the country that he had been abusing the
out forces to enforce the DEGREES OF the CO urts and
all he did might oe rested on that That might be
his defence politically, and rhe Senator tMr. Nor
stituents for censurIng the President for
sending troops to Louisiana. The proclamation Of
glad IL issued But to say the eject OF what
the President did was an estoppel to the Senate,
was not good Argument; he ONT: Carpenterl
He had no hope OF ever satisfying the Senator from
Indiana Oh this question, and no ambition to make
speech, as ne said, IN the beginning; but he
would try 10 make sen ators understand what the
facts are, and that the theory OF the senator
from Indiana was wild. The duty devoved
upon Congress under the constitution to decide
As to the legality OF state governments, and the de-
clsons OF Congress was binding upon all other de-
partments OF the government TN the contrary
the senator (Ar. Morton argued that the action OF
the President was binding upon Congress in all
State.
THE PRESIDENT But THE AGENT OF CONGRESS-
The President was but the mere agent OF Con-
gress. The President is to restore order; 1t does
not matter much whether he sets up the right or
wrong party. Congress viii determine that. But
the President must put things In sucn condition
that peace shall reign. Congress says 70 the Presi-
dent:-"You go there ana quiet things, and then
said that tomorrow he would introduce "a
bill providing ior new election in the state ana
would explain his reasons. Before concluding his
argument he referred to the law governing admls-
SONS OF members to the two houses OF Congress,
and SAID, the senators being elected by the law
making power OF the State the Senate must in
quire as to the legality OF that power On the
other hand the House had authority to inquire
as to the Legislature. The Senator from Indiana
had claimed that out Of respect to the Senate he
was constrained TO send the Plncnback case back
TO the committee. BY that argument the Senator
himself mad overturned his own prinld JGcie case.
Mr.. MORTON said that IT was not fair or legti-
mate argument to make that statement.
Mr.. CARPENTER said some two years ago, when
he had occasion 10 read Senator down, Mr.
Trumbull came to him afterwards and said, ''YOu
are a young Senator, and there are some things
you may not know. One Is, that 1t IS established
rule In this body that you must not refer to mans
language IN the Globe for more than two years
back" Naughter.) He supposed he could refer
to the Congressional Globe for one month back as
to the language OF tue gentleman tMr. MortOn) 10
show he destroyed his pTin,d rdcte case.
Mr.. MoRToN-Oh well; only wanted to show 1t
was Unfair. don't care anything about Ii.
Mr.. CARPESTER-Wei. II you don't care anything
about II why don't you let me nnlsh?
Mr. MORTON reiterated his argument as to mis-
reasons for asking tnat the case oil Mr. PincnbacS