New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-30
notice the testimony taken by the commit

He then reviewed, at some length, the
| condition Of affairs in Louisiana as shown
| by the testimony before the committee, and
said that in that part of his argument he
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 case in its absolute nakedness.
Then if his Republican associates in this
chamber think proper to take it on their
shoulders. and march through the next
presidential campaign, he would bid them
joy. Laughter
He then read from the Louisiana consti-
tuition, and the law governing election
returns: and argued that the action OF both
| returning boards-that of WarmOth and
that of Lynch-was illegal. His friend
from In1ana tMorton) had dilated 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, its decisions in two cases, were in
| accordance with the views he (CarpenteI)
was now presenting.
Before the court had been tampered with;
before it feared for its existence it de-
! cided what anv other court would, that a
void order produced no legal result; there
| fore that Warmoth had no authority to re-
move Bovee as Secretary of State. The
! vacancies existing in the canvassing board
| ou Lilo lUuFtttulu udy vi NONcilDcE, 100
| were, therefore, never filled; and the only
two legal members of that board were War
moth and Lynch and they voted in differ
ent ways, SO there was no election what
| ever. NarmOth was in one building with
his board and Lynch in another with his.
The law required the board to meet to-
| gether. Bovee was Secretary of State all
the time, but by virtue of being candidate
for office he was disqual fed from voting on
the returning board. The order of War
moth removing him as Secretary of State
was of no more authority than an order
from the President of the Senate removing
General Grant from the Presidency.
| The election returns were sent to Gov
I ernor WarmOth, but the Lynch board sued
| vassing them except in the Lynch board
! and Warmoth never did canvass them.
That much respect is due to the
Warmoth board. When the judiciary in
joined them they stopped. and to that ex-
tent were superior to the Lynch board.
Referring to the forged afidavits from
which the Lynch board made up
with IA smiling face appeared before the
committee and swore that he forged 1900
atfidavits and delivered them to Bovee in
open board. BOvee said he was shell of
a fellow" and asked him if he could not
get some more. He replied. yes, he could
have more by nine o'clock in the morning.
[Laughterl
la the case of Armstead, a colored man
who seemed to be very popular, the Lynch
board Id not give him single vote, but
| raised their own side up from 500 to 1900
and odd. Was there anything fair about
| this
Carpenter again quoted from the testi-
mOny before the committee, and said, in
I stead of 9606 majority for McEnery, as
shown by the returns; this Lynch board
| gave Kellogg double that. He must say,
if Warmoth could not abolish that board,
it was immortal and never could be abol.
ished
This canvass was also very profitable to
the Lynch board, it appears. Virtue in
Louisiana has its reward, and that speedily.
Lynch had his own son, an engineer on the
southern Pacific railroad, appointed in
spectnr of live stock in New Orleans,
at an annual salary of $4,000, and
then had his sen appoint an old
friend deputy; but finally Lynch came
to the conclusion that it would not
look well to have his son in the position,
and had him res gn. After 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 salary of Sla, 900, which
he holds this day.
The Kellogg Legislature abolished two
courts and created new one, making
Hawkins judge, consolidating the ju-
risdiction of both, and giving him
exclusive jurisdiction over contested
election cases, writs of mandamus, ETC.,
saying to him, faithful in a few things.
I'll make thee ruler over many daughter, ]
and Pinchbacil was sent to the Senate.
Whatever else may be said of these ras-
Gals down there, they certainly do not for
get their associates. Renewed laughter
Z When his friend from Indiana MortOn) came
laundering down on him with his artillery
and heavy ordnance he would commend
him to q careful examination of the testi-
nony just read.
Mr.: Carpenter said he would ne ext proceed
to consider the interference of the general
government in this muddle. While this
contest was going on, Kellogg commenced
| suit in the United States court, and Durell
issued his restraining order; aud it was a
most remarkable document.
On the sixth of December there was an
other judicial proceeding, which had no
| parallel in this country or in England At
night this same judge (DurelD issued an
order to seize the State House. The testi-
mony showed that he went to his lodging
! about eleven o'clock ,and feeling like it issued
| the order. Nobody applied for it. He was
| not sitting in chambers; not holding court;
but az his lodging issued an order to the
Un!teu States marshal to seize the State
House, 1t was seized, a company of
troops put there, and that company held it
for more than six weeks, while the farce of
| organizing this Legislature was being
enacted; and these two men, Pinchback
and Ray, were elected while the State
House was 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 G previous condition of servi-
tude. 50 Durell had not even a decent pre-.
text for jurisdiction. A more remarkable
proceeding than that of the Durell 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, the Democrats out
He (Carpenter) gent to the clerks 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.
At four o'clock, after the reading, Mr. Ed
munds said it was evident his friend (Car-
penterl was becoming worn out, and he
moved the Senate 20 into executive session.
Mr.. Carpenter agreed to the motion, and
the Senate went into executive session.
After half an hour the doors we're re-
opened, and the Senate adjourned till to.
morrow, when Mr.. Carpenter will resume
his speech.